Papahānaumokuākea Marine National Monument 

Draft Management Plan 

Volume III: Appendices 

Supporting Documents and References 

April 2008 

Prepared by: 

Papahānaumokuākea Marine National Monument 

United States Fish and National Oceanic and Atmospheric 

Administration 

Hawai‘i Department of Land and 

Wildlife Service Natural Resources 

300 Ala Moana Blvd., Room 5-231 6600 Kalanianaole Highway, Suite 300 1151 Punchbowl Street, Room 130 

Honolulu, Hawaii 96850 Honolulu, Hawaii 96825 Honolulu, Hawai‘i 96813 

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Volume III: Appendices 

 Supporting Documents and References 

Appendix A: Permitting Process 

Appendix B: Midway Atoll National Wildlife Refuge 

 Draft Conceptual Site Plan (See Volume IV) 

Appendix C: Midway Atoll Draft Visitor Services Plan 

Appendix D: FWS Compatibility Determinations 

Appendix E: Maintenance of Wilderness Character 

Appendix F: Presidential Proclamations 8031 and 8112 

Appendix G: Monument Regulations 

Appendix H: Monument Memorandum of Agreement 

Appendix I: Operational Protocols and Best Management 

Practices 

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APPENDIX A: 

Permitting Process 

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April 2008 A-1 Appendix A: Permitting 

Papahānaumokuākea Marine National Monument 

Monument Permit Application Unified Public Notification Policy 

Effective 02/01/08 

 

Background 

A permit is required for most activities allowed in the Papahānaumokuākea Marine National Monument 

(Monument), including Hawaiian Islands National Wildlife Refuge, the Midway Atoll National Wildlife 

Refuge, Battle of Midway National Memorial, Northwestern Hawaiian Islands State Marine Refuge, Kure 

Atoll Hawaii State Seabird Sanctuary, and the Northwestern Hawaiian Islands Coral Reef Ecosystem 

Reserve. Permit applications are accepted: 

• February 1: For activities occurring between June 1 and August 31 

• May 1: For activities occurring between September 1 and December 31 

• September 1: For activities occurring between January 1 and May 31 

Permit applications received after the deadline dates are not guaranteed to be processed before the 

associated activity period commences. 

 

The following unified public notification policy will engage and inform the public of activities proposed 

to occur within the Monument. Posting of a permit application does not equate to permit approval. After 

posting, each application is thoroughly reviewed. Final permitted activities may differ from the proposed 

activities. 

 

Policy 

• Within 10 calendar days of receipt of application, a summary of the applicant’s proposed 

activities will be posted on an agency web site for public viewing. 

• Within 40 calendar days of receipt of application, full permit applications will be posted on an 

agency website for public viewing. A full application is one from which reviewers are able to 

evaluate the merits of the proposed activity. 

• The permit application will be posted for a minimum of 30 calendar days prior to agency 

determination. 

• Proposed activities that respond to urgencies, meet a high management priority, and are exigent in 

either opportunity or need for execution shall be considered separately. Examples of such 

occasions from the 2007 field season include providing twin monk seal captive care, as well as an 

unanticipated opportunity to gather critical mapping data. 

It is noted that there are additional opportunities for public notification and input: 

• Monument Regulations (50 CFR Part 404.11) require Monument permit applications for Special 

Ocean Use be posted for public notice and comment 30 days prior to the issuance of a Monument 

permit. 

• Appropriate regulatory and environmental reviews (e.g. Environmental Impact Statements, 

Environmental Assessments, and Compatibility Determinations) related to Monument permit 

applications are posted for public comment. 

• Monument permit applications that include proposed activities within the Northwestern Hawaiian 

Islands State Marine Refuge are posted to the Board of Land and Natural Resources (BLNR) 
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April 2008 A-2 Appendix A: Permitting 

website for 7 days prior to the scheduled BLNR meeting as part of the overall Land Board 

submittal. 

This policy provides guidance to the Co-Trustee representatives for public notification of permit 

applications for proposed activities in the Monument. 

It is also important to note that the permit application that is posted may not include some of the detailed 

logistical and compliance information being considered prior to permit issuance. An activity may be 

provisionally approved based on the posted full application, but a permit will only be issued after the 

receipt of all required information (e.g. final crew/team roster, hull inspection certification, etc.). 
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April 2008 A-3 Appendix A: Permitting 

Note to Readers: 

In accordance with Presidential Proclamation 8031, which established Papahānaumokuākea 

Marine National Monument, applicants may seek one of six different Monument permits 

depending upon the type of activity they wish to pursue. Each permit type has a separate 

application and instructions. To reduce the size of this document, only one application and 

instructions—the one for research permits—is included in this Appendix. Applications and 

instructions for the other permit types are available at: 

http://www.hawaiireef.noaa.gov/resource/permit apply.html
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Papahānaumokuākea Marine National Monument 

Research Permit Application Instructions 

January 2008 

Introduction 

On June 15, 2006, President Bush established the Papahānaumokuākea Marine National 

Monument (Presidential Proclamation 8031, 71 FR36443, June 26, 2006) under the authority of 

the Antiquities Act (Act) (16 U.S.C. 431). The Proclamation reserves all lands and interests in 

lands owned or controlled by the Government of the United States in the Northwestern Hawaiian 

Islands (NWHI), including emergent lands and submerged lands and waters, out to a distance of 

approximately 50 nautical miles (nmi) from the islands. The outer boundary of the Monument is 

approximately 950nmi long by 100nmi wide, extending around coral islands, seamounts, banks, 

and shoals. The area includes the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, 

the Midway Atoll National Wildlife Refuge/Battle of Midway National Memorial, and the 

Hawaiian Islands National Wildlife Refuge and the Northwestern Hawaiian Islands State Marine 

Refuge. 

The three principals with responsibility for managing lands and waters of the Monument, the 

Department of Commerce, Department of the Interior, and the State of Hawaii (collectively the 

Co-Trustees), work cooperatively to administer the Monument. This relationship is further 

described in the Memorandum of Agreement among the Co-Trustees signed on December 8, 

2006. 

Permit Application Deadlines 

Permit applications must be received by: 

• February 1: For activities occurring between June 1 and Aug 31 

• May 1: For activities occurring between September 1 and December 31 

• September 1: For activities occurring between January 1 and May 31 

NOTE: Issuance of a Monument permit is dependent upon the completion and review of the 

application and Compliance Information Sheet. 

Confidential Information 

The Co-Trustees intend to post completed permit applications on the Internet for public review. 

Applicants are requested to indicate any information that is considered proprietary business 

information. Such information is typically exempt from disclosure to anyone requesting 

information pursuant to the Freedom of Information Act (FOIA) and all applicable State law. 

NOAA, the U.S. Fish and Wildlife Service and the State of Hawaii attempt to protect such 

proprietary information, consistent with all applicable FOIA exemptions in 5 U.S.C. 552(b) and 

applicable State law. Typically exempt information includes trade secrets, commercial and 

financial information (5U.S.C. 552(b) (4)). Personal information affecting an individual’s 

privacy, such as personal telephone numbers and addresses will also be kept confidential 
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April 2008 A-6 Appendix A: Permitting 

consistent with 5 U.S.C. 552(b) (6) and applicable State law. Unless such information is so 

identified, the application may be made available to the public in its entirety. 

Intellectual Property 

The permittee retains ownership of any data, derivative analyses or other work product, or any 

photographic or video material, or other copyrightable works, but the Federal Government and 

the State of Hawaii retain a lifetime, non-exclusive, worldwide, royalty-free license to use the 

same for government purposes, including copying and redissemination, and making derivative 

works. 

Indemnification 

The permittee and any person participating in any activity authorized by this permit shall release, 

indemnify, and hold harmless National Oceanic and Atmospheric Administration, the 

Department of Commerce, the U.S. Fish and Wildlife Service, the Department of the Interior, the 

United States Government, the State of Hawaii, and their respective employees acting within the 

scope of their duties from and against any claims, demands, actions, liens, rights, subrogated or 

contribution interests, debts, liabilities, judgments, costs, and attorney's fees, arising out of, 

claimed on account of, or in any manner predicated upon the issuance of this permit or the entry 

into or habitation upon the Papahānaumokuākea Marine National Monument or as the result of 

any action of the permittee or persons participating in the activity authorized by this permit. 

Reporting Burden 

Submittal of the information requested in these guidelines is required to obtain a permit pursuant 

to Monument regulations (50 CFR Part 404). This data is to evaluate the potential benefits of the 

activity, determine whether the proposed methods will achieve the proposed results, evaluate any 

possible detrimental environmental impacts, and determine if issuance of a permit is appropriate. 

It is through this evaluation that the Co-trustees are able to use permitting as one of the 

management tools to protect Monument resources and qualities. 

Public reporting burden for this collection of information, including the time for reviewing 

instructions, searching existing data sources, gathering and maintaining the data needed, and 

completing and reviewing the collection of information is estimated as: 

A. Twenty-four (24) hours per response for Special Ocean Use permits; 

B. Five (5) hours per response for General (Research, Conservation and Management, and 

Education), Native Hawaiian Practices, and Recreation permits; 

C. Four (4) hours per response for VMS installation and maintenance; 

D. Five (5) minutes per response for entry and exit notices and VMS certification; 

E. Five (5) seconds per response for hourly VMS reports. 

Send comments regarding this burden estimate or any other aspect of this collection of 

information, including suggestions for reducing this burden, to Papahānaumokuākea Marine 

National Monument Permit Coordinator, 6600 Kalaniana'ole Hwy. # 300, Honolulu, HI 96825. 
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April 2008 A-7 Appendix A: Permitting 

Notwithstanding any other provision of the law, no person is required to respond to, nor shall any 

person be subject to a penalty for failure to comply with, a collection of information subject to 

the requirements of the Paperwork Reduction Act, unless that collection of information displays 

a currently valid OMB Control Number. 

Directions for filling out the Monument Permit Application

1. Download the Research permit application If you are unsure of the category for your 

proposed project, contact the Monument Permit Coordinator (contact information below). 

2. Click on the document to open. 

3. You will now be able to type in all the gray text field boxes and check boxes. 

4. You will not be able to alter, copy, delete or modify the permit application questions and 

cover page in any way. 

If you have difficulty filling out the application, contact the PMNM Permit Coordinator at (808) 

397-2660 OR nwhipermit@noaa.gov. 

Send Permit Applications to: 

Papahānaumokuākea Marine National Monument Permit Coordinator 

6600 Kalaniana'ole Hwy. # 300 

Honolulu, HI 96825 

nwhipermit@noaa.gov

PHONE: (808) 397-2660 FAX: (808) 397-2662 

NOTE: SUBMITTAL VIA ELECTRONIC MAIL IS PREFERRED BUT NOT 

REQUIRED. YOU ARE ALSO REQUIRED TO SEND ONE SIGNED ORIGINAL 

APPLICATION VIA MAIL TO THE MONUMENT OFFICE ABOVE:
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April 2008 A-8 Appendix A: Permitting 

Papahānaumokuākea Marine National Monument 

RESEARCH Permit Application Instructions 

NOTE: This Permit Application (and associated Instructions) are to propose activities to be 

conducted in the Papahānaumokuākea Marine National Monument. The Co-Trustees are 

required to determine that issuing the requested permit is compatible with the findings of 

Presidential Proclamation 8031. Within this Application, provide all information that you 

believe will assist the Co-Trustees in determining how your proposed activities are compatible 

with the conservation and management of the natural, historic and cultural resources of the 

Papahānaumokuākea Marine National Monument (Monument). 

Permit Application Cover Sheet Summary Information

NOTE: The permit application cover sheet is intended to provide summary information on 

permit applications for activities proposed to occur in the Papahānaumokuākea Marine National 

Monument. Information submitted in this section will be posted on the Monument website to 

inform the public regarding projects proposed to occur in the Monument. 

Applicant Name: Enter the name of the person who is in charge of the proposed activity and 

who will be responsible for all the personnel and actions under the authority of the requested 

Monument permit. 

Affiliation: Specify the Applicant’s affiliation, if any, in relation to the proposed project. 

Proposed Activity Dates: Specify the dates of your activities. 

Proposed Method of Entry: Specify whether you will enter the Monument via vessel or 

aircraft. 

Proposed Locations: Provide a brief summary of the location(s) for proposed activities (e.g. 

French Frigate Shoals, or 300-1500 meters depth east of Twin Banks, etc.). NOTE: Specific 

GPS and other location information are requested in the Monument Compliance Information 

Sheet. 

Estimated number of individuals to be covered under this permit: Provide an ESTIMATE 

of the number of individuals (including Applicant) to be covered under this permit. 

Estimated number of days in the Monument: Provide the ESTIMATED number of days in 

the Monument. 

Description of proposed activities: Include a brief description of the proposed activities, 

including the following: 

• Define the objective of the proposed activity (The proposed activity will. . . ) 

• Identify what the action will entail (To accomplish this activity we would. . . ) 

• Explain the benefit of the activity to the Monument (This activity would help the 

Monument by. . . ) 
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Other information or Background: Include any other information relevant to your proposed 

activity summary. 

Section A: Applicant Information

1. State the name and title of the Applicant. The Applicant is the individual who is in charge of 

the proposed activity and, therefore, responsible for all the personnel and actions undertaken 

under the authority of the any Monument Permit issued pursuant to this application. Attach the 

Applicant’s CV, resume or biography if applicable. 

1a. If you will not be present in the Monument for the proposed activities in your application, 

provide the full name(s), affiliation(s) and contact information of the person or persons 

responsible for ensuring the permit conditions are followed in the Monument. Attach their 

respective CV, resume, or biography if applicable. 

2. State the Applicant’s mailing address, phone number, fax number, and email address. If the 

Applicant is a student, state the Major Professor’s contact information in addition to his/her own. 

3. Specify the Applicant’s affiliation, if any, in relation to the proposed project. 

4. List all personnel roles and/or names. Include first and last name, position (Research Diver, 

Field Technician, Medical Assistant, etc.), affiliation, telephone number, and email address for 

each individual. If specific names of all participants are not known at the time this form is 

submitted, then specific roles must be provided as placeholders for numbers of persons requested 

to enter the Monument. The Application Review Committee may request resumes, biographies, 

or CVs for any personnel listed, at a later date. Attach additional information if necessary. 

It is the Applicant’s responsibility to keep Monument staff apprised of any proposed personnel 

changes. Full names of personnel and roles will be required in the Monument Compliance 

Information Sheet prior to issuance of a permit. 

Section B: Project Information

5a. Project Location: Check the boxes of all applicable locations where the proposed activities 

will occur. Indicate whether your project will occur on land, in the ocean, or both. Also indicate 

whether your project will occur in deep water or shallow water, or both. Shallow water is 

defined by water less than 100 meters in depth. NOTE: Include alternate locations if 

appropriate. 

* Location Description: Provide a description of the location of the proposed activity that 

includes sufficient detail. Refer to the Monument Compliance Information Sheet for information 

on including specific site and collection location(s). 
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April 2008 A-10 Appendix A: Permitting 

5b. Check all applicable regulated activities proposed to be conducted in the Monument by the 

Applicant at any of the locations mentioned in 5a. 

*Removing, moving, taking, harvesting, possessing, injuring, disturbing, or damaging, or 

attempting to remove, move, take, harvest, possess, injure, disturb, or damage any living or 

nonliving Monument resource. 

*Drilling into, dredging, or otherwise altering the submerged lands other than by anchoring a 

vessel; or constructing, placing, or abandoning any structure, material, or other matter on the 

submerged lands. 

*Anchoring means dropping anything on to the ocean bottom with the intention of holding 

something fast to the bottom. Generally an anchor secures a vessel, but it may also be used for a 

mooring or any other item. 

*Deserting a vessel aground, at anchor, or adrift. 

*Discharging or depositing any material into Special Preservation Areas or the Midway Atoll 

Special Management Area except vessel engine cooling water, weather deck runoff, and vessel 

engine exhaust. 

OR 

*Discharging or depositing any material or other matter into the Monument, or discharging or 

depositing any material or other matter outside of the Monument that subsequently enters the 

Monument and injures any resources of the Monument, 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. 

*Touching any coral, living or dead. 

*Possessing fishing gear except when stowed and not available for immediate use during passage 

without interruption through the Monument. 

*Attracting any living Monument resources. 

*Sustenance Fishing means fishing for bottomfish or pelagic species within Federal waters, but 

outside of Special Preservation Areas, Ecological Reserves and the Midway Atoll Special 

Management Area, in which all catch is consumed within the Monument, and that is incidental to 

another activity permitted under Presidential Proclamation 8031. 

*Subsistence Fishing means fishing for bottomfish or pelagic species in State waters in which all 

catch is for direct personal consumption within the Monument, and that is incidental to another 

activity permitted under Presidential Proclamation 8031. 
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*Swimming means entering the water and propelling oneself by movements of the limbs, 

without special equipment of any kind. 

*Snorkeling means entering the water and swimming with the aid of a mask, snorkel, and fins, or 

any combination of the aforementioned equipment. 

*SCUBA Diving means entering the water and submerging oneself with the aid of self-contained 

underwater breathing apparatus. 

6. State the purpose of the proposed activities, including the goals and objectives of the activities. 

7. The Secretaries of Commerce and Interior are required to determine that issuing the requested 

permit is compatible with the Findings of Presidential Proclamation 8031. Answer the 

Monument findings below and provide information that you believe will assist the Co-Trustees 

in determining your proposed activities are compatible with the conservation and management of 

the natural, historic and cultural resources of the Monument:

The Findings are as follows: 

a. How can the activity be conducted with adequate safeguards for the cultural, natural and 

historic resources and ecological integrity of the Monument? 

b. How will the activity be conducted in a manner compatible with the management direction of 

the proclamation, considering the extent to which the conduct of the activity may diminish or 

enhance Monument cultural, natural and historic resources, qualities, and ecological integrity, 

any indirect, secondary, or cumulative effects of the activity, and the duration of such effects? 

c. Is there a practicable alternative to conducting the activity within the Monument? If not, 

explain why your activities must be conducted in the Monument. 

d. How does the end value of the activity outweigh its adverse impacts on Monument cultural, 

natural and historic resources, qualities, and ecological integrity? 

e. Explain how the duration of the activity is no longer than necessary to achieve its stated 

purpose. 

f. Provide information demonstrating that you are qualified to conduct and complete the activity 

and mitigate any potential impacts resulting from its conduct. 

g. Provide information demonstrating that you have adequate financial resources available to 

conduct and complete the activity and mitigate any potential impacts resulting from its conduct. 

h. Explain how the methods and procedures proposed by the applicant are appropriate to achieve 

the proposed activity's goals in relation to their impacts to Monument cultural, natural and 

historic resources, qualities, and ecological integrity. 
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April 2008 A-12 Appendix A: Permitting 

i. Has your vessel has been outfitted with a mobile transceiver unit approved by OLE and 

complies with the requirements of Presidential Proclamation 8031? 

j. Demonstrate that there are no other factors that would make the issuance of a permit for the 

activity inappropriate. 

8. Describe the procedures and methods you will use in performing the proposed activity while 

within the Monument. 

Describe in detail how you will get to your work locations and specific sites (walking, climbing, 

wading, swimming, snorkeling, diving, boating, etc.). Will you need to enter a seabird colony? 

Will you need access to beaches? Will you work at night? 

Will you request assistance from Monument staff to maintain the equipment or collect data or 

samples in association with the proposed activity in your absence or presence? If so, describe 

procedures for doing so including how often it is to occur and how long it will take per 

maintenance/data/sample collection event. Describe how you plan to compensate volunteers for 

the maintenance or data/sample collection work. 

NOTE: If you will not collect specimens, you may enter “N/A” for questions 9-11 and skip to 

question 12a. 

9a. List all specimens (organisms or objects) you plan to collect. If applicable, list each species 

common name, scientific name, number to be collected, maximum size of specimens to be 

collected, amount taken and the size of the organism from which you will take any sample(s), 

and general collection location requested in #5a. Also indicate whether you will take the whole 

organism or a subsample thereof. 

9b. List the post project disposition of specimens. What will be done with the parts of samples 

that are not used in your initial analysis? 

9c. Check the appropriate box to indicate if the organisms will be kept alive after collection. If 

the organisms are to be kept alive, state where will they be housed. (Provide the general site 

and/or location.) Also check the appropriate box to indicate if there is an open or closed-system 

for maintaining living organisms and if there is an outfall or discharge. If applicable, note 

whether the organisms will be kept with other species and if so, the species names of the other 

organisms. Will any organisms be released? If so, where? 

10. How will the collected samples be transported out of the Monument? Will samples be 

transported by vessel or aircraft? Will samples be transported frozen, in formalin, in alcohol, or 

other media? 

11. Describe whether you are collaborating with others to reduce duplicative activities in the 

Monument or elsewhere in the State of Hawaii or other Pacific Remote Island National Wildlife 

Refuges. If you are collecting samples for someone else, stipulate to whom the samples will be 
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April 2008 A-13 Appendix A: Permitting 

provided and give their Monument permit number. Also, list State of Hawaii and United States 

Fish and Wildlife Service permit numbers for any relevant collaborations or research related to 

this project, including projects in the main Hawaiian Islands and Pacific Remote Island National 

Wildlife Refuges. Provide information on permit applications for related research that are under 

review at any of the above agencies. 

12a. Provide a complete itemized list of work related gear/equipment/supplies, including 

collecting equipment, radio isotopes, dive equipment, etc. that will be taken into and removed 

from the Monument. If you wish to store any items on any island between field seasons, request 

so here. Indicate how and where you propose the stored items be kept. If you propose to take 

any work or personal items ashore that will require use of resources (electrical, power, water, or 

other resources) also describe that in this section. 

12b. For any Hazardous Materials also include the following information: 

*List all hazardous materials by common name, proper shipping name, hazard class, and amount 

to be taken into the Monument. Provide a Material Safety Data Sheet for each hazardous 

material. 

*Describe how each hazardous material will be contained and stored while in the Monument. 

*Describe how each hazardous material will be used for the proposed activity. Describe how 

and when each hazardous material will be removed from the Monument. 

NOTE: The Principal Investigator (Applicant) is responsible for disposal of, storage or 

unauthorized use of any left-over hazardous materials from any permitted activity. 

13. If applicable, indicate the types of permanent or semi-permanent installments you would like 

to install in the Monument, and answer the following questions: 

*What is it made of? 

*What will be installed? 

*How will it be installed? 

*Where will it be installed? 

*How long will it be installed? 

*Will the installation require maintenance? If so, who will conduct the maintenance and how 

often? 

*How and when will the installation be removed? 

14. Provide information regarding the projected completion dates of the following: sample 

analysis, write-up and publication of information gathered within the Monument. 

15. List all publications directly related to the proposed project: 
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Permit Application – Research 

OMB Control # 0648-0548 

April 2008 A-15 Appendix A: Permitting 

Papahānaumokuākea Marine National Monument 

RESEARCH Permit Application 

NOTE: This Permit Application (and associated Instructions) are to propose activities to be 

conducted in the Papahānaumokuākea Marine National Monument. The Co-Trustees are 

required to determine that issuing the requested permit is compatible with the findings of 

Presidential Proclamation 8031. Within this Application, provide all information that you 

believe will assist the Co-Trustees in determining how your proposed activities are compatible 

with the conservation and management of the natural, historic, and cultural resources of the 

Papahānaumokuākea Marine National Monument (Monument). 

ADDITIONAL IMPORTANT INFORMATION: 

• Any or all of the information within this application may be posted to the 

Monument website informing the public on projects proposed to occur in the 

Monument. 

• In addition to the permit application, the Applicant must either download the 

Monument Compliance Information Sheet from the Monument website OR request 

a hard copy from the Monument Permit Coordinator (contact information below). 

The Monument Compliance Information Sheet must be submitted to the Monument 

Permit Coordinator after initial application consultation. 

• Issuance of a Monument permit is dependent upon the completion and review of the 

application and Compliance Information Sheet. 

INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED 

Send Permit Applications to: 

Papahānaumokuākea Marine National Monument Permit Coordinator 

6600 Kalaniana'ole Hwy. # 300 

Honolulu, HI 96825 

nwhipermit@noaa.gov

PHONE: (808) 397-2660 FAX: (808) 397-2662 

SUBMITTAL VIA ELECTRONIC MAIL IS PREFERRED BUT NOT REQUIRED. FOR 

ADDITIONAL SUBMITTAL INSTRUCTIONS, SEE THE LAST PAGE.
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April 2008 A-16 Appendix A: Permitting 

Papahānaumokuākea Marine National Monument 

Permit Application Cover Sheet 

This Permit Application Cover Sheet is intended to provide summary information and status to 

the public on permit applications for activities proposed to be conducted in the 

Papahānaumokuākea Marine National Monument. While a permit application has been received, 

it has not been fully reviewed nor approved by the Monument Management Board to date. The 

Monument permit process also ensures that all environmental reviews are conducted prior to the 

issuance of a Monument permit. 

Summary Information

Applicant Name: 

Affiliation: 

Permit Category: Research 

Proposed Activity Dates: 

Proposed Method of Entry (Vessel/Plane): 

Proposed Locations: 

Estimated number of individuals (including Applicant) to be covered under this permit: 

 

Estimated number of days in the Monument: 

Description of proposed activities: (complete these sentences): 

a.) The proposed activity would... 

 

b.) To accomplish this activity we would .... 

 

c.) This activity would help the Monument by ... 

 

Other information or background: 
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April 2008 A-17 Appendix A: Permitting 

Section A - Applicant Information

1. Applicant 

Name (last, first, middle initial): 

Title: 

1a. Intended field Principal Investigator (See instructions for more information): 

 

2. Mailing address (street/P.O. box, city, state, country, zip): 

Phone: 

Fax: 

Email: 

For students, major professor’s name, telephone and email address: 

3. Affiliation (institution/agency/organization directly related to the proposed project): 

 

4. Additional persons to be covered by permit. List all personnel roles and names (if 

known at time of application) here (e.g. John Doe, Research Diver; Jane Doe, Field 

Technician): 

 
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April 2008 A-18 Appendix A: Permitting 

Section B: Project Information

5a. Project location(s): Ocean Based

 Nihoa Island Land-based Shallow water Deep water 

 Necker Island (Mokumanamana) Land-based Shallow water Deep water 

 French Frigate Shoals Land-based Shallow water Deep water 

 Gardner Pinnacles Land-based Shallow water Deep water 

 Maro Reef 

 Laysan Island Land-based Shallow water Deep water 

 Lisianski Island, Neva Shoal Land-based Shallow water Deep water 

 Pearl and Hermes Atoll Land-based Shallow water Deep water 

 Midway Atoll Land-based Shallow water Deep water 

 Kure Atoll Land-based Shallow water Deep water 

 Other 

NOTE: There is a fee schedule for people visiting Midway Atoll National Wildlife Refuge via 

vessel and aircraft. 

Location Description: 

 

5b. Check all applicable regulated activities proposed to be conducted in the Monument: 

 Removing, moving, taking, harvesting, possessing, injuring, disturbing, or damaging any 

living or nonliving Monument resource 

 Drilling into, dredging, or otherwise altering the submerged lands other than by anchoring a 

vessel; or constructing, placing, or abandoning any structure, material, or other matter on the 

submerged lands 

 Anchoring a vessel 

 Deserting a vessel aground, at anchor, or adrift 

 Discharging or depositing any material or matter into the Monument 

 Touching coral, living or dead 

 Possessing fishing gear except when stowed and not available for immediate use during 

passage without interruption through the Monument 

 Attracting any living Monument resource 

 Sustenance fishing (Federal waters only, outside of Special Preservation Areas, Ecological 

Reserves and Special Management Areas) 

 Subsistence fishing (State waters only) 

 Swimming, snorkeling, or closed or open circuit SCUBA diving within any Special 

Preservation Area or Midway Atoll Special Management Area 
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April 2008 A-19 Appendix A: Permitting 

6 Purpose/Need/Scope State purpose of proposed activities:

 

7. Answer the Findings below by providing information that you believe will assist the CoTrustees in determining how your proposed activities are compatible with the conservation 

and management of the natural, historic, and cultural resources of the Monument: 

The Findings are as follows: 

a. How can the activity be conducted with adequate safeguards for the cultural, natural and 

historic resources and ecological integrity of the Monument? 

 

b. How will the activity be conducted in a manner compatible with the management direction of 

this proclamation, considering the extent to which the conduct of the activity may diminish or 

enhance Monument cultural, natural and historic resources, qualities, and ecological integrity, 

any indirect, secondary, or cumulative effects of the activity, and the duration of such effects? 

 

c. Is there a practicable alternative to conducting the activity within the Monument? If not, 

explain why your activities must be conducted in the Monument. 

 

d. How does the end value of the activity outweigh its adverse impacts on Monument cultural, 

natural and historic resources, qualities, and ecological integrity? 

 

e. Explain how the duration of the activity is no longer than necessary to achieve its stated 

purpose. 

 

f. Provide information demonstrating that you are qualified to conduct and complete the activity 

and mitigate any potential impacts resulting from its conduct. 

 

g. Provide information demonstrating that you have adequate financial resources available to 

conduct and complete the activity and mitigate any potential impacts resulting from its conduct. 

 
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April 2008 A-20 Appendix A: Permitting 

h. Explain how your methods and procedures are appropriate to achieve the proposed activity's 

goals in relation to their impacts to Monument cultural, natural and historic resources, qualities, 

and ecological integrity. 

 

i. Has your vessel has been outfitted with a mobile transceiver unit approved by OLE and 

complies with the requirements of Presidential Proclamation 8031? 

 

j. Demonstrate that there are no other factors that would make the issuance of a permit for the 

activity inappropriate. 

 

8. Procedures/Methods: 

 

NOTE: If land or marine archeological activities are involved, contact the Monument 

Permit Coordinator at the address on the general application form before proceeding, as a 

customized application will be needed. For more information, contact the Monument office 

on the first page of this application. 

9a. Collection of specimens - collecting activities (would apply to any activity): organisms 

or objects (List of species, if applicable, attach additional sheets if necessary): 

Common name: 

 

Scientific name: 

 

# & size of specimens: 

 

Collection location: 

 

 Whole Organism Partial Organism 
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April 2008 A-21 Appendix A: Permitting 

9b. What will be done with the specimens after the project has ended? 

 

9c. Will the organisms be kept alive after collection? Yes No 

 

• General site/location for collections: 

 

• Is it an open or closed system? Open Closed 

 

• Is there an outfall? Yes No 

 

• Will these organisms be housed with other organisms? If so, what are the other organisms? 

 

• Will organisms be released? 

 

10. If applicable, how will the collected samples or specimens be transported out of the 

Monument? 

 

11. Describe collaborative activities to share samples, reduce duplicative sampling, or 

duplicative research:

 

12a. List all specialized gear and materials to be used in this activity:

 

12b. List all Hazardous Materials you propose to take to and use within the Monument: 

 

13. Describe any fixed installations and instrumentation proposed to be set in the 

Monument: 

 
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April 2008 A-22 Appendix A: Permitting 

14. Provide a time line for sample analysis, data analysis, write-up and publication of 

information: 

 

15. List all Applicants’ publications directly related to the proposed project: 

 

With knowledge of the penalties for false or incomplete statements, as provided by 18 U.S.C. 

1001, and for perjury, as provided by 18 U.S.C. 1621, I hereby certify to the best of my abilities 

under penalty of perjury of that the information I have provided on this application form is true 

and correct. I agree that the Co-Trustees may post this application in its entirety on the Internet. 

I understand that the Co-Trustees will consider deleting all information that I have identified as 

“confidential” prior to posting the application. 

_________________________________________________________________ 

Signature Date 

SEND ONE SIGNED APPLICATION VIA MAIL TO THE MONUMENT OFFICE 

BELOW: 

Papahānaumokuākea Marine National Monument Permit Coordinator 

6600 Kalaniana'ole Hwy. # 300 

Honolulu, HI 96825 

FAX: (808) 397-2662 

DID YOU INCLUDE THESE? 

 Applicant CV/Resume/Biography 

 Intended field Principal Investigator CV/Resume/Biography 

 Electronic and Hard Copy of Application with Signature 

 Statement of information you wish to be kept confidential 

 Material Safety Data Sheets for Hazardous Materials 
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April 2008 A-23 Appendix A: Permitting 

Papahānaumokuākea Marine National Monument 

Compliance Information Sheet 

Instructions 

NOTE: Issuance of a Monument permit is dependent upon the completion and review of the 

application and Compliance Information Sheet. 

1. Updated list of participating personnel. List all personnel participating in the proposed 

activity. Include first and last name, position (John Doe, Diver; Jane Doe, Field Technician; 

Jerry Doe, Medical Assistant, etc.), affiliation, telephone number, and email address for each 

individual. If specific names of all participants are not known at the time this form is submitted, 

then specific positions must be provided as placeholders for numbers of persons requested to 

enter the Monument. The Application Review Committee may request resumes, biographies, or 

CVs for any personnel listed, at a later date. Attach additional information if necessary. 

It is the Applicant’s responsibility to keep Monument staff apprised of any proposed personnel 

changes. Full names of personnel and roles will be required in the Monument Compliance 

Information Sheet prior to issuance of a permit. 

2. Provide additional detail on site locations here. Additional detail may include, but is not 

limited to: specific lat/long coordinates, habitat type, water depth, substrate type, etc. If 

appropriate, attach an Excel spreadsheet or Shape file to this sheet. Contact the Monument 

Permit Coordinator for additional instructions. 

3. List permit numbers for all other related Federal or State Permits for which you have applied 

or received. These may include, but are not limited to, a Bird Banding Lab Migratory Bird 

Banding Permit, State of Hawaii Department of Land and Natural Resources Division of 

Forestry and Wildlife Permit, State Conservation District Use Permit, Endangered Species Act 

consultations, Marine Mammal Protection Act Permit, International Animal Care and Use 

Committee, or any University permits. Attach copies of permits already received. You will be 

required to provide copies of all required permits to the Monument permit coordination 

personnel prior to departure for the Monument. 

List all permits you have received for the same or similar activities from any State or Federal 

entity. 

3a. For each of the permits listed, identify any permit violations or any permit that was 

suspended, amended, modified, or revoked. Explain the circumstances surrounding the violation 

or permit suspension, amendment, modification or revocation. 

4. Include a budget and funding sources specific to the proposed activities. Salary information 

and detailed program budgets are not necessary. List any in-kind contributions awarded for 

the proposed activities. 
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5. The “Activity start” and “Activity completion” must include the entire span of the proposed 

activity. In other words, these dates must specify if the proposed activity is a multi-year activity 

and if so, the duration the proposed activity is expected to be conducted in the Monument. 

NOTE: Multi-year projects do NOT guarantee the issuance of additional permits in subsequent 

years. 

If specific dates cannot be determined at the time of application, explain the reasons dates are 

pending (e.g., ship schedules, flight schedules). At minimum, describe the intervals of time you 

propose to visit the Monument, e.g. during a specific nesting season or quarterly, and the 

proposed duration of the proposal. 

For Personnel Schedule, list those who will be in the Monument (specific locations) and for what 

periods of time. Attach additional documentation if necessary. 

6. All persons covered under the permit are responsible for the cost of removing themselves from 

the Monument at the conclusion of the term of the permit, revocation, or other enforcement 

matters. Additionally, persons covered under the permit are responsible for the cost of removing 

themselves from the Monument in the event of a necessary medical evacuation, emergency 

evacuation, including weather, or for the cost of any necessary search and rescue operation. 

Demonstrate that all persons covered under the permit have either insurance coverage, adequate 

bond, or have other financial resources to pay Monument Co-Trustees for the cost of their 

necessary search and rescue and/or removal from the Monument. 

NOTE: The State of Hawaii requires permittees to carry general liability insurance. 

7. Check the appropriate box to indicate how personnel will enter the Monument. Note which 

vessel(s) or aircraft(s) will be used to transport personnel. If entering by a vessel which is not 

already permitted to enter the Monument in support of your proposed activity, you must include 

that respective vessel and its crew on this permit application. If entering by a vessel which is 

already permitted to enter the Monument in support of your proposed activity, state the vessel’s 

Monument Permit number here. 

8. Check the relevant inspections that you will conduct prior to departure for the Monument. 

Include the dates of scheduled inspections. Upon completion of the inspections and any required 

cleaning operations, you will be required to provide proof of approved inspections and cleaning 

to Monument Permit coordination personnel. 

All vessels must have at a minimum a Rodent Free Inspection, Hull Inspection, and Ballast 

Water Record Inspection no more than 14 days prior to departure for the Monument. If any 

small boat operations are proposed to occur within the Monument, then a Tender Vessel Fouling 

Inspection must occur in this time frame as well. If any gear will be placed or used in the water 

or on land, you must schedule an inspection of these items before departing for the Monument. 

For more information on arranging these inspections contact the Monument Permit Coordinator 

at (808) 397-2660, or nwhipermit@noaa.gov. 
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April 2008 A-25 Appendix A: Permitting 

NOTE: Results of inspections may require cleaning operations such as rodent eradication, hull 

cleaning, or ballast water maintenance at your own cost before departing for the Monument. If 

proposed gear or materials are found to be contaminated with alien species you may be required 

to conduct specific cleaning measures or complete replacement of contaminated items at your 

own cost before departing for the Monument. Re-inspection may be required. 

9. List all vessel information: Vessel name, owner, captain’s name, vessel type, length, gross 

tonnage and vessel identification number. List vessel International Maritime Organization 

Number (if applicable), flag of origin, call sign, port of embarkation, total ballast water capacity 

volume (m3

), total number of fuel tanks on ship, total number of ballast water tanks on ship, total 

fuel capacity and last port. 

Indicate whether the vessel has a Marine Sanitation Device (MSD) and its type. Explain in detail 

how you will comply with the regulations regarding discharge in the Monument. If applicable, 

attach schematics of the vessel’s discharge and treatment systems. 

List all types and amounts of hazardous materials to be carried on board for vessel or tender 

vessel use. 

Indicate that the vessel has a NOAA Office of Law Enforcement (OLE)-approved Vessel 

Monitoring System (VMS). Provide the name and contact information of the contractor 

responsible for installing the VMS system. For more information on NOAA OLE-approved 

VMS systems, refer to 50 CFR 407.11 (e) (f). This information can be located at: 

http://hawaiireef.noaa.gov/PDFs/VMSfedreg.pdf 

List the make and model of the VMS to be used while conducting activities in the Monument. 

NOTE: All vessels entering the Monument MUST have an NOAA OLE-approved VMS System 

installed PRIOR to entering the Monument, “An owner or operator of a vessel that has been 

issued a permit for accessing the Monument must ensure that such a vessel has an operating 

vessel monitoring system (VMS) on board, approved by the OLE in the National Oceanic and 

Atmospheric Administration in the Department of Commerce when voyaging within the 

Monument” (50 CFR 404.5). 

* NOTE: This question is not required if you are traveling aboard a NOAA vessel.* 

10. List all workboats (tenders) which will be use to transport personnel, gear and materials 

within the Monument. Include information on the number of tenders/skiffs aboard the vessel and 

the specific types of motors on each tender/skiff. 
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Additional Information for Land Based Operations

ANSWER QUESTIONS IN THIS SECTION IF YOU WISH TO CONDUCT ACTIVITIES ON 

LAND 

11. Answer the following questions: 

*If personnel, gear and materials are to be transported to the Monument by vessel, how will 

personnel, gear and materials be transported between ship and shore? 

*If applicable, how will personnel be transported between islands within any one atoll? 

*Provide a time line of all significant transportation events for arrivals and departures. 

12. Describe where personnel will sleep/eat/bathe while on the island(s). Note how many 

personnel will be using U.S. Fish and Wildlife Service and/or State of Hawaii supplied 

accommodations and for how long. 

13. Describe office/desk/workbench/workshop/lab space you expect to use during the proposed 

activity on the island(s). Describe all electrical and water needs you expect to use during the 

proposed activity on the island(s). Describe what disposal route all of the water and hazardous 

materials will take (e.g., laboratory sink, drains, flow-through aquaria) and where these materials 

will ultimately end up. 

NOTE: charging batteries, rinsing gear, cleaning tools, painting and maintaining equipment, etc., 

all take space and resources. Requesting use of these resources should be done in this section. 
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April 2008 A-27 Appendix A: Permitting 

Papahānaumokuākea Marine National Monument 

Compliance Information Sheet 

1. Updated list of personnel to be covered by permit. List all personnel names and their 

roles here (e.g. John Doe, Diver; Jane Doe, Field Technician, Jerry Doe, Medical 

Assistant): 

2. Specific Site Location(s): (Attach copies of specific collection locations): 

3. Other permits (list and attach documentation of all other related Federal or State 

permits): 

3a. For each of the permits listed, identify any permit violations or any permit that was 

suspended, amended, modified or revoked for cause. Explain the circumstances 

surrounding the violation or permit suspension, amendment, modification or revocation.

 

4. Funding sources (Attach copies of your budget, specific to proposed activities under this 

permit and include funding sources. See instructions for more information): 

5. Time frame: 

Activity start: 

Activity completion: 

Dates actively inside the Monument: 

From: 

To: 

Describe any limiting factors in declaring specific dates of the proposed activity at the time of 

application: 

Personnel schedule in the Monument: 

6. Indicate (with attached documentation) what insurance policies, bonding coverage, 

and/or financial resources are in place to pay for or reimburse the Monument trustees for 
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April 2008 A-28 Appendix A: Permitting 

the necessary search and rescue, evacuation, and/or removal of any or all persons covered 

by the permit from the Monument: 

7. Check the appropriate box to indicate how personnel will enter the Monument: 

 Vessel 

 Aircraft 

Provide Vessel and Aircraft information: 

8. The certifications/inspections (below) must be completed prior to departure for vessels 

(and associated tenders) entering the Monument. Fill in scheduled date (attach 

documentation): 

 Rodent free, Date: 

 Tender vessel, Date: 

 Ballast water, Date: 

 Gear/equipment, Date: 

 Hull inspection, Date: 

9. Vessel information (NOTE: if you are traveling aboard a National Oceanic and 

Atmospheric Administration vessel, skip this question): 

Vessel name: 

Vessel owner: 

Captain's name: 

IMO#: 

Vessel ID#: 

Flag: 

Vessel type: 

Call sign: 

Embarkation port: 

Last port vessel will have been at prior to this embarkation: 

Length: 

Gross tonnage: 

Total ballast water capacity volume (m3): 

Total number of ballast water tanks on ship: 

Total fuel capacity: 

Total number of fuel tanks on ship: 

Marine Sanitation Device: 

Type: 
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Explain in detail how you will comply with the regulations regarding discharge in the 

Monument. Describe in detail. If applicable, attach schematics of the vessel's discharge and 

treatment systems: 

Other fuel/hazardous materials to be carried on board and amounts: 

Provide proof of a National Oceanic and Atmospheric Administration (NOAA) Office of Law 

Enforcement-approved Vessel Monitoring System (VMS). Provide the name and contact 

information of the contractor responsible for installing the VMS system. Also describe VMS 

unit name and type: 

VMS Email: 

Inmarsat ID#: 

10. Tender information:

On what workboats (tenders) will personnel, gear and materials be transported within the 

Monument? List the number of tenders/skiffs aboard and specific types of motors: 

Additional Information for Land Based Operations

11. Proposed movement of personnel, gear, materials, and, if applicable, samples: 

12. Room and board requirements on island: 

13. Work space needs: 

DID YOU INCLUDE THESE? 

 Map(s) or GPS point(s) of Project Location(s), if applicable 

 Funding Proposal(s) 

 Funding and Award Documentation, if already received 

 Documentation of Insurance, if already received 

 Documentation of Inspections 

 Documentation of all required Federal and State Permits or applications for permits 
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April 2008 A-31 Appendix A: Permitting 

PAPAHĀNAUMOKUĀKEA

MARINE NATIONAL MONUMENT 

 PERMIT TEMPLATE 

Permittee: Permit Number: PMNM-200x-xxx 

Effective Date: 

Expiration Date: 

Project Title: 

 

 

_______________________________________________________________ 

This permit is issued for activities in accordance with Proclamation 8031 

(“Proclamation”) establishing the Papahānaumokuākea Marine National 

Monument (“Monument”) under the Antiquities Act of 1906, 16 USC §§ 431-

433 (“Antiquities Act”) and implementing regulations (50 CFR Part 404). All 

activities must be conducted in accordance with the Proclamation and the 

regulations (attached). No activity prohibited by the Proclamation or 50 CFR 

Part 404 is allowed except as specified below. Chapter 13-60.5, Hawaii 

Administrative Rules remains in effect for proposed activities in State waters. 

Subject to the terms and conditions of this permit, the National Oceanic and 

Atmospheric Administration (NOAA), the State of Hawai‘i, and the U.S. Fish 

and Wildlife Service (collectively, the Co-Trustees) hereby authorize the 

permittee listed above to conduct activities within the 

Monument. All activities are to be conducted in accordance with this permit. 

The permit application is incorporated into this permit and made a part hereof; 

provided, however, that if there are any conflicts between the permit 

application and the terms and conditions of this permit, the terms and 

conditions of this permit shall be controlling. 

PERMITTED ACTIVITY DESCRIPTION: 

The following activities are authorized by this permit: 

1.

No further disturbance of the cultural or natural resources of the Monument is 

allowed. 

Papahānaumokuākea 

Marine National Monument 

6600 Kalaniana‘ole Hwy 

Suite 300 

Honolulu, HI 96825 
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PERMITTED ACTIVITY LOCATION: 

Other than entrance into the Monument, the permitted activities listed above are allowed at the 

following locations: 

1.

GENERAL TERMS AND CONDITIONS:

In accordance with the Proclamation and applicable regulations, the permitted activities listed 

above are subject to the following general terms and conditions: 

1. The permittee must sign and date this permit on the appropriate line below. Once signed 

and dated, the permittee must provide a signed original copy to the Monument official 

identified below. The permit becomes valid on the date the last Monument official signs 

the permit and shall remain valid for not more than one (1) year from that date. 

Permit Coordinator 

Papahānaumokuākea 

Marine National Monument 

6600 Kalaniana‘ole Hwy. Suite 300 

Honolulu, HI 96825 

2. This permit is neither transferable nor assignable and must be carried by the permittee 

while engaging in any activity authorized by this permit. All other persons entering the 

Monument under the authority of this permit must provide the name of the permittee or 

the permit number to any authorized enforcement or management personnel upon 

request. 

3. This permit may only be modified by written amendment approved by the Co-Trustees. 

Modifications to this permit must be requested in the same manner as the original request 

was made. Any modifications requested by the permittee, such as adding or changing 

personnel to be covered by the permit or to change the activities that are allowed, must be 

made in writing. 

4. This permit is subject to suspension, modification, non-renewal, or revocation for 

violation of the Proclamation, implementing regulations, or any term or condition of the 

permit. Any verbal notification of a violation from an authorized Monument 

representative may require immediate cessation of activities within the Monument. The 

issuance of a permit shall not constitute a vested or property right to receive additional or 

future permits. This permit may, in the sole discretion of the Co-Trustees, be renewed or 

reissued. However, there is no right to a renewal or re-issuance of a permit. Failure to 

fulfill permit requirements may affect consideration of future permit applications. 
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5. Permit terms and conditions shall be treated as severable from all other terms and 

conditions contained in this or any other ancillary permit. In the event that any provision 

of this permit is found or declared to be invalid or unenforceable, such invalidity or 

unenforceability shall not affect the validity or enforceability of the remaining terms or 

conditions of this permit. 

6. This permit does not relieve the permittee of responsibility to comply with all federal, 

state and local laws and regulations. Activities under this permit may be conducted only 

after any other permits or authorizations necessary to conduct the activities have been 

obtained. 

7. The permittee may be held liable for the actions of all persons entering the Monument 

under the authority of this permit. 

8. All persons entering the Monument under the authority of this permit are considered 

under the supervision of the permittee and may be liable in addition to the permittee for 

any violation of this permit, the Proclamation and implementing regulations in 

conjunction with this permit. The permittee must ensure that all such persons have been 

fully informed of the permit terms and conditions prior to entry into the Monument. Each 

such person must provide written acknowledgment to the permittee, prior to entry into the 

Monument, that he/she has received a copy of the permit, agrees to abide by all 

applicable terms and conditions, and may be liable for violations of the permit. The 

permittee shall maintain all signed acknowledgments and submit them with the summary 

report described in General Condition #22.b. 

9. Notification of entry into the Monument must be provided at least 72 hours, but no longer 

than one month, prior to the entry date. Any updates to the list of personnel must also be 

provided at least 72 hours before entering the Monument. Notification of departure from 

the Monument must be provided within 12 hours of leaving the Monument. Notification 

may be made via e-mail, or telephone by contacting: E-mail: 

nwhi.notifications@noaa.gov; Telephone: 1-866-478-6944; or 1-808-395-6944. No 

other methods of notification will be considered valid. 

10. The permittee and any person entering the Monument under the authority of this permit 

shall, before entering the Monument, attend a cultural briefing or view designated 

cultural informational materials on Papahānaumokuākea regarding the region’s cultural 

significance and Native Hawaiians’ spiritual and genealogical connection to the natural 

and cultural resources. Persons entering the Monument at Midway Atoll may satisfy this 

requirement upon arrival. 

11. All vessels (including tenders and dive boats), engines and anchor lines shall be free of 

introduced species prior to entry into the Monument. To ensure this, all vessels, engines 

and anchor lines shall be inspected for potential introduced species prior to departing the 

last port before entering the Monument. No later than 24 hours prior to entry, the 

permittee shall provide the Monument Permit Coordinator with a report prepared by the 

individual conducting the inspection that: a) sets forth when and where the inspection 
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April 2008 A-34 Appendix A: Permitting 

occurred; b) identifies any introduced species observed, including where found; c) 

summarizes efforts to remove any species observed; and d) certifies the vessel as free of 

all introduced species. The Monument Permit Coordinator shall review the report and, 

based on the review, may delay the entry into the Monument until all concerns identified 

by the Monument Permit Coordinator have been addressed. 

12. All hazardous materials, biohazards and sharps, must be pre-approved by the CoTrustees. For purposes of this permit, “hazardous material” has the same meaning as the 

definition found at 49 CFR §105.5 (U.S. Department of Transportation). All hazardous 

materials, biohazards and sharps must be stored, used, and disposed of according to 

applicable laws and Monument-approved protocols. The permittee, or a designated 

individual entering the Monument under the authority of this permit must be properly 

trained in the use and disposal of all such materials proposed. Proof of appropriate 

training may be required by the Co-Trustees. No such material may be left in the 

Monument after the departure of the permittee unless it has been previously approved by 

Monument staff. Immediately after the project is complete the permittee must remove all 

such materials from the Monument. The permittee will be responsible for all costs 

associated with use, storage, transport, training, disposal, or HazMat response for these 

materials. 

13. All equipment or supplies brought into the Monument, or structures of any kind built in 

the Monument by the permittee are the responsibility of the permittee. All materials that 

are brought to the Monument by the permittee must be removed by the permittee except 

as otherwise permitted. Any permanent structures, equipment, or supplies that require 

maintenance, are determined to be unserviceable, or are a safety hazard, must be 

immediately repaired or removed from the Monument by the permittee. No structures, 

equipment, or supplies may be left in the Monument following the completion of the 

project except as listed in the permit. 

14. If Monument staff are present at the field site, the permittee must meet with them before 

beginning permitted activities. Even with a valid permit, authorized Monument staff may 

prohibit entry into any location(s) within the Monument as they may deem appropriate to 

conserve or manage resources, particularly in areas where cumulative impacts of 

permitted activities are concentrated. 

15. In order to facilitate monitoring and compliance, any person entering the Monument 

under the authority of this permit, including assistants and ship’s crew shall, upon request 

by authorized Monument enforcement personnel, promptly: a) allow access to and 

inspection of any vessel or facility used to carry out permit activities; b) produce for 

inspection any sample, record, or document related to permit activities, including data, 

logs, photos, and other documentation obtained under, or required by, this permit; and c) 

allow inspection on board the vessel or at the permittee’s premises of all organisms, parts 

of organisms, and other samples collected under this permit. 

16. It is prohibited to possess or consume alcohol in the Hawaiian Islands National Wildlife 

Refuge in accordance with refuge regulations. Any violations will result in immediate 
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April 2008 A-35 Appendix A: Permitting 

removal of the offender from the Monument at the individual’s own cost. Offenders may 

not be readmitted to the Monument. 

17. All persons entering the Monument under the authority of this permit are responsible for 

the cost of removing themselves from the Monument at the conclusion of the term of the 

permit or upon revocation or suspension of the permit. All such persons are also 

responsible for the cost of removing themselves from the Monument in the event of a 

necessary medical evacuation, emergency evacuation, including weather, or for the cost 

of any necessary search and rescue operation. 

18. Except as expressly required by applicable law, the Co-Trustees are not liable for any 

damages to equipment or injuries to the permittee and persons entering the Monument 

under the authority of this permit. The permittee and any person entering the Monument 

under the authority of this permit shall release, indemnify, and hold harmless the National 

Oceanic and Atmospheric Administration, the Department of Commerce, the U.S. Fish 

and Wildlife Service, the Department of the Interior, the United States Government, the 

State of Hawai‘i, and their respective employees and agents acting within the scope of 

their duties from and against any claims, demands, actions, liens, rights, subrogated or 

contribution interests, debts, liabilities, judgments, costs, and attorney's fees, arising out 

of, claimed on account of, or in any manner predicated upon the issuance of this permit or 

the entry into or habitation upon the Monument or as the result of any action of the 

permittee or persons participating in the activity authorized by this permit. In the event 

that a government employee, acting in his official capacity, is the permittee, or is entering 

the Monument under the authority of this permit, then he shall be subject to all applicable 

federal and State laws that pertain to claims by or against him predicated upon the 

issuance of this permit or entry into or habitation upon the Monument. 

19. Monument managers or their designees may verbally require the permittee to modify or 

cease activities not identified in this permit if, in the opinion of the managers or 

designees, such action is necessary to limit disturbance to or protect Monument 

resources, to protect government equipment, or to ensure the safety of personnel. After 

providing such verbal instructions, the managers or designees will provide the permittee 

with a written modification, suspension or revocation to this permit at the earliest 

practicable opportunity. The failure to follow verbal instructions or modified permit 

terms, or to cease activities upon suspension or revocation of this permit, may constitute a 

violation of this permit, the Proclamation, the regulations, or other applicable law. 

20. Disturbance of any cultural or historic property, including but not limited to Native 

Hawaiian cultural sites, burials, archaeological deposits, and WWII structures and 

features, such as stone walls and mounds, stone uprights, bunkers, batteries, camp sites, 

hospitals, housing areas, and radio towers; or the disturbance or collection of any historic 

or cultural materials and artifacts, including but not limited to bottles, dishes, cartridges, 

hospital materials, carvings, human remains, or Native Hawaiian bone or stone 

implements, found within the Monument, including the sale or trade in such items, is 

prohibited. 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 A-36 Appendix A: Permitting 

21. All Monument resources within the jurisdiction of the State of Hawai‘i are held in trust 

under the Hawai‘i State Constitution, Article XI, Sec. 1. The State of Hawai‘i and the 

Government of the United States reserve ownership or control, as the case may be, of 

Monument resources, both living and nonliving, that may be taken or derived from those 

found in the Monument. 

22. The permittee must satisfy the following reporting requirements: 

a. For activities on State lands or within State waters, the permittee must submit a 

monthly report on the specified form. 

b. The permittee must maintain a cruise log including, but not limited to: anchoring 

locations and small boat dive locations. The log must contain a description of 

cruise activities and the geographic locations of those activities. Within thirty (30) 

days after the end of the cruise or the expiration date of this permit, the permittee 

must submit the cruise log and a summary report of activities conducted under 

this permit. The permittee having authority over the vessel must maintain a vessel 

discharge log, which must be submitted with the cruise log. 

c. Annual Report. The comprehensive annual report is a summary of all activities 

undertaken, including but not limited to: dates of all arrivals and departures from 

islands and atolls within the Monument, names of all persons involved in 

permitted activities, details of all specimens collected, handled, etc., any other 

pertinent information, GPS locations of all samples collected, transects, etc., 

results of work to date, copy of all data collected, and a proposed schedule of 

publication or production of final work. The report shall include a concise 

summary or abstract for use in Monument reports. Two hard copies and one 

electronic copy (Microsoft Word preferred, but not required), must be submitted 

to the Co-Trustees. The annual report is due by the end of the second week of 

January of the calendar year that follows the year that the permit was in effect or 

before a new permit is issued, whichever comes first. Subsequent annual reports 

are required each year until all data collected under research permits are fully 

analyzed. 

d. The permittee must debrief the Co-Trustees following the completion of all 

activities in the Monument covered under this permit. The permittee must 

schedule the debriefing upon submitting the annual report. 

e. The permittee must submit two copies of any article, publication, or other product 

created as a result of the information gained or work completed under this permit, 

including materials generated at any time in the future following expiration of this 

permit. 

f. Any publications and/or reports resulting from activities conducted under the 

authority of this permit must include the notation that the activity was conducted 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 A-37 Appendix A: Permitting 

under permit number PMNM-200x-xxx. This requirement does not apply to 

publications or reports produced by the news media. 

g. All required submissions (including plans, logs, reports, and publications) shall be 

provided to the Monument official at the address indicated in General Condition 

#1. 

23. All data acquired or created in conjunction with this permit will be submitted with the 

summary report, and annual report. Photographic and video material is considered data. 

The permittee retains ownership of any data, (including but not limited to any 

photographic or video material), derivative analyses, or other work product, or other 

copyrightable works, but the Federal Government and the State of Hawai‘i retain a 

lifetime, non-exclusive, worldwide, royalty-free license to use the same for government 

purposes, including copying and redissemination, and making derivative works. The 

permittee will receive acknowledgment as to its ownership of the data in all future use. 

This requirement does not apply to data acquired or created by the news media. 

24. Because photographic or video material that is created for personal use (i.e., not 

specifically acquired or created in conjunction with this permit) could unintentionally 

collect data that is also valuable for management purposes, the Co-Trustees reserve the 

right to request copies of any such material and the permittee agrees to provide a copy of 

such material within a reasonable time. The Co-Trustees may use such material for 

management purposes. 

25. Any question of interpretation of any term or condition of this permit will be resolved by 

the Co-Trustees. 

Your signature below, as permittee, indicates that you accept and agree to comply with all terms 

and conditions of this permit. This permit authorized only those activities listed above. This 

permit becomes valid on the date when signed by the last Monument Official. Please note that 

the expiration date on this permit will not be extended by a delay in your signing below. 

PERMITTEE Date 

Attachments (3): 

1. Proclamation 8031, June 15, 2006 

2. 50 CFR Part 404 

3. Maps of the Papahānaumokuākea Marine National Monument 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 A-38 Appendix A: Permitting 

XX Date 

Chairperson 

Department of Land and Natural Resources 

State of Hawaii 

XX Date 

Superintendent 

U.S. Fish and Wildlife Service 

Papahānaumokuākea Marine National Monument 

XX Date 

Superintendent 

NOAA 

Papahānaumokuākea Marine National Monument 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

APPENDIX B: 

Midway Atoll National Wildlife Refuge 

Draft Conceptual Site Plan 

Please see Volume IV of the Draft 

Papahānaumokuākea Marine National Monument 

Management Plan 

Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

APPENDIX C: 

Midway Atoll Draft Visitor Services Plan 

for 

Midway Atoll National Wildlife Refuge,

the Battle of Midway National Memorial,

and the

Papahānaumokuākea

Marine National Monument’s

Midway Atoll Special Management Area

Draft Visitor Services Plan

Peter Leary/USFWS

April 2008

Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

Draft Visitor Services Plan 

for 

 

Midway Atoll National Wildlife Refuge 

and the 

Battle of Midway National Memorial 

and the 

Papahānaumokuākea Marine National Monument’s 

Midway Atoll Special Management Area 

Prepared by: 

U.S. Fish and Wildlife Service 

Midway Atoll National Wildlife Refuge and 

Pacific Islands Division of External Affairs and Visitor Services 

Box 50167 

Honolulu, Hawai‘i 96850 

in consultation with the 

National Oceanic and Atmospheric Administration 

and the 

State of Hawai‘i 

Approved: ______________________________________________ Date: _______________ 

 Carolyn Bohan, Regional Chief 

National Wildlife Refuge System 

Pacific Region 
ii Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

Midway Atoll National Wildlife Refuge, Battle of Midway National Memorial, 

and Midway Atoll Special Management Area 

Visitor Services Plan 

Approval Submission 

U.S. Fish and Wildlife Service, Pacific Region 

In accordance with the National Wildlife Refuge System Administration Act of 1966, as amended, 

(16 U.S.C. 668dd-668ee) and Fish and Wildlife Service Manual Section 605, this visitor services plan has 

been prepared for Midway Atoll National Wildlife Refuge and the Battle of Midway National Memorial. 

In addition, it is incorporated into the Papahānaumokuākea Marine National Monument Management 

Plan to guide visitor activities within the Midway Atoll Special Management Area. This visitor services 

plan is compliant with Presidential Proclamation 8031 and was prepared in consultation with the 

Secretary of Commerce by Honolulu-based National Oceanic and Atmospheric Administration staff, the 

State of Hawai‘i’s Department of Land and Natural Resources, and the Office of Hawaiian Affairs. This 

visitor services plan is submitted for approval by the Regional Chief of the National Wildlife Refuge 

System for the Pacific Region. 

Submitted by: 

___________________________________________ ______________________________ 

Barry Christenson, Refuge Manager Date 

Midway Atoll National Wildlife Refuge and 

Battle of Midway National Memorial 

Concur: 

___________________________________________ ______________________________ 

Susan White, FWS Superintendent Date 

Papahānaumokuākea Marine National Monument 

___________________________________________ ______________________________ 

Barry W. Stieglitz, Project Leader Date 

Hawaiian and Pacific Islands 

 National Wildlife Refuge Complex 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge iii 

April 2008

Table of Contents 

Executive Summary ........................................................................................................................v

Chapter 1 Introduction and Background............................................................................... 1

1.1 Introduction ...............................................................................................................................1

1.2 Human History ..........................................................................................................................1

1.3 Monument and Refuge History ................................................................................................2

1.3.1 Establishment of the Refuge, Memorial, and Monument ......................................................................2

1.3.2 Monument Vision, Mission, Guiding Principles, and Management Goals............................................3

1.4 Purpose and Need for the Visitor Services Plan .....................................................................4

1.5 Internal/External Issues............................................................................................................5

1.6 Local Setting...............................................................................................................................6

1.6.1 Community Description.........................................................................................................................6

1.6.2 Travel Links...........................................................................................................................................6

1.6.3 Visitor Services Opportunities (Beyond Midway).................................................................................7

Chapter 2 Significant Features............................................................................................... 9

2.1 Terrestrial Resources ................................................................................................................9

2.2 Marine Resources ......................................................................................................................9

2.3 Historic Resources ...................................................................................................................11

2.3.1 Early Cultural Resources Investigations..............................................................................................11

2.3.2 Programmatic Agreement and Treatment of Midway’s Historic Properties........................................11

2.3.3 Historic Preservation Plan ...................................................................................................................12

Chapter 3 Limitations on the Visitor Program .................................................................... 13

3.1 Visitor Access ...........................................................................................................................13

3.2 Visitor Capacity and Scheduling............................................................................................16

3.3 Monitoring Visitor Impacts ....................................................................................................17

3.4 Midway Atoll Law Enforcement Activities ...........................................................................17

Chapter 4 Visitor Services Standards ................................................................................... 19

4.1 Welcome and Orient Visitors .................................................................................................19

4.3 Provide Quality Hunting Opportunities................................................................................23

4.4 Provide Quality Fishing Opportunities .................................................................................23

4.5 Provide Quality Wildlife Observation and Photographic Opportunities...........................24

4.6 Develop and Implement Quality Environmental Education Programs .............................26

4.7 Provide Quality Interpretation of Key Resources ................................................................28

4.8 Manage for Other Recreational Use Opportunities .............................................................32

4.9 Communicate Key Issues with Off-Site Audiences...............................................................33

4.10 Build Volunteer Programs and Partnerships with Midway Atoll Support Groups..........35
iv Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

4.11 Refuge Law Enforcement .......................................................................................................37

4.12 Concession Operations............................................................................................................37

4.13 Fee Programs ...........................................................................................................................37

4.14 Permitting.................................................................................................................................38

4.15 Cooperating Association/Friends Groups .............................................................................41

Chapter 5 Implementing the Plan......................................................................................... 43

5.1 Proposed Staffing.....................................................................................................................43

5.2 Table of Projects ......................................................................................................................43

5.3 Partnership Funding and Resources......................................................................................44
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge v 

April 2008

Executive Summary 

In 1996, the Fish and Wildlife Service (FWS) prepared a public use plan to guide visitor services on 

Midway Atoll National Wildlife Refuge. Since then, new laws and policy regarding wildlife-dependent 

recreation in the National Wildlife Refuge System have been promulgated, and a new visitor services plan 

is required to ensure recreational uses at Midway Atoll are compatible with the Refuge System mission 

and the purposes of the refuge and the Battle of Midway National Memorial. In addition, all recreational 

and special ocean use activities must be compliant with the requirements of the recently designated 

Papahānaumokuākea Marine National Monument (Monument). 

This document was based on an interim plan to guide visitor activities on Midway Atoll until such time as 

the broader Monument Management Plan that meets the applicable requirements of a refuge 

comprehensive conservation plan and visitor services plan was completed. Although substantially the 

same as the Interim Visitor Services Plan for Midway Atoll, this plan is now a step-down plan to the 

overall Monument Management Plan. It was developed prior to full implementation of the interim plan, 

and, therefore, evaluation and adaptive management of the visitor program is a key element of the 

Monument Management Plan’s Midway Atoll Visitor Services Action Plan. FWS will continue to work 

closely with its Co-Trustees in the Monument, the National Oceanic and Atmospheric Administration 

(NOAA) and State of Hawai‘i, as this visitor services plan is implemented. 

This plan documents approved recreational activities at Midway Atoll and identifies the structure of the 

visitor services program. Special ocean uses that support recreational activities within the Midway Atoll 

Special Management Area are also addressed. The plan also outlines activities that honor and interpret 

the World War II history at Midway Atoll in recognition of its status as the Battle of Midway National 

Memorial. It discusses operational limitations, biological constraints, and partnership opportunities 

beyond Midway Atoll. 

Since 1995, FWS has been strongly committed to welcoming visitors to Midway Atoll. This is the first 

and only remote island national wildlife refuge in the Pacific – and the only place within 

Papahānaumokuākea Marine National Monument – to provide the general public with an opportunity to 

learn about and experience these unique ecosystems. A regularly scheduled visitor program operated on 

Midway Atoll until early in 2002 but ended when our cooperator left the atoll. Since then, visitors have 

arrived almost exclusively by the occasional cruise ship or sailboat, or for a Battle of Midway 

commemorative event. Through this visitor services plan, we hope to offer limited opportunities to 

expand the visitor program to allow more people to experience Midway’s wildlife and historic treasury. 

The following wildlife-dependent recreational uses have been determined to be compatible at Midway 

Atoll Special Management Area and National Wildlife Refuge: wildlife observation and photography, 

environmental education and interpretation, and participatory research. Hunting and fishing, two uses 

normally given priority on national wildlife refuges when compatible, will not take place at Midway 

Atoll. All animal species are protected by law or occur in numbers too low for harvest to allow hunting 

opportunities. Recreational fishing is precluded under Presidential Proclamation 8031, which designated 

the Monument. 

Additional compatibility determinations allow for beach use activities such as swimming and volleyball, 

nonadministrative airport operations, limited outdoor sports such as bicycling and jogging, and amateur 

radio use. Each compatibility determination includes stipulations necessary to ensure protection of 

Midway’s natural and historic resources. Any additional activities that may be proposed within Midway 

Atoll National Wildlife Refuge would need to be evaluated through the compatibility determination 
vi Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

process with formal public review. Activities that are determined to be compatible are authorized through 

the issuance of Monument permits, which fall within six permit types: conservation and management, 

research, education, Native Hawaiian uses, special ocean uses, and recreation. 

Goals, objectives, and strategies for the visitor program are discussed in Chapter 4 of this plan. FWS will 

encourage individual visitors as well as organized groups to come to Midway. Opportunities for teacher 

workshops in environmental education, college courses, and distance learning will be explored. 

Improvements to trails and installation of blinds will benefit wildlife observation and photography 

opportunities, as will snorkeling and guided kayaking tours. Although not expected to be available in the 

early years of the visitor program, a dive program will be instituted as soon as practicable. Onsite and 

offsite interpretation of Midway Atoll’s historic and wildlife resources will be enhanced. 

In order to ensure a high quality visitor experience using the limited infrastructure currently available, the 

total number of overnight visitors that would be allowed on Midway Atoll at any one time will be limited 

to 50 people as long as this visitor services plan is effective. This number of visitors may be exceeded for 

short duration (less than a day) prearranged visits by ocean vessels or aircraft. In these cases, visitor 

activities are closely supervised and primarily consist of guided tours or participation in commemorative 

events. 

For the next 4 years (2008-2011), visitor programs will operate from November through July, which 

coincides with the albatross season on Midway. The months of August through October are reserved 

primarily for planned construction and major maintenance activities. 

With no additional FWS funding available to support a visitor program, visitation at Midway Atoll must 

be financially self-sustaining. Fees reflecting actual costs for transportation, lodging, food services, and 

visitor services staffing are included in this plan. Additional permitting requirements also are discussed. 

For the initial stage of the visitor program, FWS intends to operate primarily with its own staffing and 

with help from Monument Co-Trustees and volunteers. Outside entities may be needed to provide 

assistance with marketing the program and to establish a dive program at Midway; these options will be 

evaluated over the coming 2 years. In the longer term, and based on the results of the evaluation required 

in the Monument Management Plan’s Midway Atoll Visitor Services Action Plan, other operational 

designs may be instituted. 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 1 

April 2008

Chapter 1 Introduction and Background 

1.1 Introduction 

On June 15, 2006, President George W. Bush established the Papahānaumokuākea Marine National 

Monument (Monument) by Proclamation 8031. The Monument incorporates the Hawaiian Islands 

National Wildlife Refuge, the Midway Atoll National Wildlife Refuge/Battle of Midway National 

Memorial, the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, and State of Hawai‘i 

Northwestern Hawaiian Islands Marine Refuge and Kure Atoll Wildlife Sanctuary. 

The Monument was established to protect the historic and scientific features of the Northwestern 

Hawaiian Islands and to enhance visitation in a special area around Midway Atoll (through the 

establishment of the Midway Atoll Special Management Area), provide for carefully regulated 

educational and scientific activities, preserve access for Native Hawaiian cultural activities, prohibit 

unauthorized access to the Monument, phase out commercial fishing over a 5-year period, and ban other 

types of resource extraction and dumping of waste. 

The Midway Atoll Special Management Area is located about 1,250 miles (2,012 km) northwest of 

Honolulu. It includes three small islands (Sand Island, 1,117 acres (452 ha); Eastern Island, 336 acres 

(136 ha); and Spit Island, 15 acres (6 ha)), an encircling protective coral reef, and submerged lands and 

waters out to the 12-nautical mile territorial seas (581,864 acres; 235,473 ha). 

Midway Atoll is an unincorporated territory of the United States and is the only atoll/island in the 

Hawaiian archipelago not part of the State of Hawai‘i. Midway Atoll National Wildlife Refuge is owned 

and administered by the U.S. Fish and Wildlife Service (FWS) on behalf of the American people and has 

international significance for both its historic and natural resources. 

1.2 Human History 

Like on many of the low islands and atolls in the Northwestern Hawaiian Islands, the first visitors to what 

is now called Midway Atoll may have been Polynesians/Hawaiians exploring the Pacific in voyaging 

canoes. Unfortunately, no physical evidence of their visits remains, but oral histories and chants refer to 

distant low-lying islands with abundant birds and turtles. Native Hawaiians named the atoll “Pihemanu,” 

which means “the loud din of birds.” 

Midway Atoll’s central location in the midst of the Pacific Ocean has made it a vital link in modern-day 

communication, transportation, and military history. The first recorded landing at Midway Atoll was 

made in 1859 by Captain N. C. Brooks. In 1867, the Secretary of the Navy sent Captain Reynolds to take 

possession of the islands for the United States. Efforts in the 1870s to open a channel in the reef were 

unsuccessful, and for the next 30 years visits to the atoll were limited to shipwreck survivors and bird 

feather collectors, who sought to satisfy the significant demand for feathers in the millinery trade. In 

January 1903, President Theodore Roosevelt placed the Midway Islands and environs “under the 

jurisdiction and control of the Navy Department” by Executive Order 199–A to stop the “wanton 

destruction of birds that breed on Midway.” 

Midway’s role as an important communications link was established in 1903, when the Commercial 

Pacific Cable Company chose Sand Island for one of its relay stations. The cable link between Honolulu 

and Guam was completed on July 4, 1903, in time for President Roosevelt to send the first round-theworld message wishing Americans a happy Independence Day. In 1905, the U.S. Lighthouse Service 

established a lighthouse on Sand Island. 
2 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

In 1935, Pan American World Airways established a seaplane base in the harbor and a small (but 

relatively luxurious) hotel on Sand Island. Midway became a regular fuel stop on a transpacific route that 

also included Honolulu, Wake Island, Guam, and Manila. The short-lived era of the “Clipper” seaplanes 

was an important chapter in aviation history. 

But Midway’s most significant historic role was as a military base. Military interest in Midway 

accelerated as World War II started in Europe. In 1941, the Naval Air Station was commissioned, 

altering the civilian character of Midway. On December 7, 1941, not only Pearl Harbor but Midway was 

attacked by the Japanese, who landed a direct hit on the power plant. First Lieutenant George Cannon 

was fatally wounded in the attack and became the first Medal of Honor recipient for the U.S. Marine 

Corps in World War II. On June 4, 1942, the atoll was again attacked, but the men stationed on the atoll 

played a significant role in the ensuing Battle of Midway, credited with turning the tide of the war in the 

Pacific. In July 1942, the Midway Submarine Advanced Base was formally established and operated 

until the end of World War II. 

Though relatively quiet as a military base for several years after World War II, Midway’s importance 

returned in 1953 with the Cold War and the construction of the Distant Early Warning (DEW) Line. By 

1958, Midway was an important part of the “Pacific Barrier,” which extended North America’s early 

warning system from Alaska to the mid-Pacific, and a significant construction program to support 

operations was underway. "Willy Victor" radar planes flew night and day as part of the DEW Line, and 

antenna fields covered the islands, part of an intricate chain of radar defenses. During the Vietnam War, 

Midway was one of the main aircraft and ship refueling stations, and it also hosted classified missile and 

submarine monitoring missions. 

By the early 1990s, military activities significantly declined, replaced by new technologies and 

centralized operations. On October 1, 1993, Naval Air Facility Midway was operationally closed under 

the Base Realignment and Closure Act of 1990. Prior to the Navy’s departure in 1997, a massive cleanup 

effort removed all buildings and structures from Eastern Island, and many of the Cold War era buildings 

from Sand Island. A significant effort was made to remove the environmental contaminants left by more 

than 90 years of military operations. In transferring Midway to the FWS, the Secretary of the Navy 

remarked that Americans are “trading guns for goonies,” and a new era began. 

1.3 Monument and Refuge History 

1.3.1 Establishment of the Refuge, Memorial, and Monument 

FWS staff have been conducting research and/or assisting the Navy with wildlife management issues on 

Midway Atoll for almost 50 years. Cooperative projects increased in the 1970s, addressing issues such as 

rodent control and lead poisoning in seabirds. A cooperative management plan developed by the Navy 

and FWS in the early 1980s further defined responsibilities and eventually led to establishment of an 

“overlay” national wildlife refuge on Midway in 1988. As on other military bases with similar 

arrangements, the Navy retained primary jurisdiction, while FWS staff provided wildlife management 

assistance. 

When Naval Air Facility Midway was identified for closure in 1993, the Navy began planning to transfer 

the atoll to the FWS. On October 31, 1996, President William Clinton signed Executive Order 13022, 

directing the Secretary of the Interior, through the FWS, to administer Midway Atoll National Wildlife 

Refuge. The purposes of the refuge, as defined in the Executive order, are to maintain natural biological 

diversity; conserve fish and wildlife and their habitats; fulfill international wildlife treaty obligations; 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 3 

April 2008

provide opportunities for research, education, and compatible wildlife-dependent recreation; and 

recognize and maintain the atoll’s historic significance. 

On September 13, 2000, in accordance with language in the Fiscal Year 2000 Interior Appropriations Act, 

Secretary of the Interior Bruce Babbitt signed Secretary’s Order 3217 designating the lands and waters of 

Midway Atoll National Wildlife Refuge as the Battle of Midway National Memorial “so that the heroic 

courage and sacrifice of those who fought against overwhelming odds to win an incredible victory will 

never be forgotten.” 

On June 15, 2006, President George W. Bush established the Papahānaumokuākea Marine National 

Monument (Monument) by signing Proclamation 8031. The Monument provides immediate and 

permanent protection for the lands and waters associated with the Northwestern Hawaiian Islands, 

including Midway Atoll National Wildlife Refuge. According to the Proclamation: 

The Secretary of Commerce, through the National Oceanic and Atmospheric Administration 

(NOAA), will have the primary responsibility regarding management of the marine areas, in 

consultation with the Secretary of the Interior. The Secretary of Interior, through the Fish and 

Wildlife Service (FWS), will have sole responsibility for management of the areas of the Monument 

that overlay the Midway Atoll National Wildlife Refuge, the Battle of Midway National Memorial, 

and the Hawaiian Islands National Wildlife Refuge, in consultation with the Secretary of Commerce. 

As the only atoll currently open to public visitation in the Monument, Midway Atoll provides a window 

to the newly established Monument. 

1.3.2 Monument Vision, Mission, Guiding Principles, and Management Goals 

Vision:

That the health, diversity, and resources of the vast NWHI ecosystems and the wildlife they support – 

unique in the world – be protected forever. 

Mission: 

To carry out integrated management to achieve strong, long-term protection and perpetuation of NWHI 

ecosystems, Native Hawaiian cultural practices, and heritage resources for current and future generations. 

Guiding Principles:

The Monument shall be managed in a manner that: 

• is consistent with the Vision and Mission; 

• recognizes that the resources of the Northwestern Hawaiian Islands are held as a public trust by 

the Co-Trustees; 

• affirms that the NWHI and its wildlife are important, unique, and irreplaceable; 

• honors the significance of the NWHI for Native Hawaiians; 

• honors the historic importance of the NWHI; 

• incorporates best practices, scientific principles, traditional knowledge, and an adaptive 

management approach; 

• errs on the side of resource protection when there is uncertainty regarding impacts of an activity; 

• enhances public appreciation of the unique character and environments of the NWHI; 

• authorizes only uses consistent with Presidential Proclamation 8031, and other applicable laws; 

• coordinates with federal, state, and local governments, Native Hawaiians, and relevant 

organizations; and 

• carries out effective surveillance, enforcement, and outreach to promote compliance. 
4 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

Goals:

• Goal 1. Protect, preserve, maintain, and where appropriate restore the natural biological 

communities and their associated biodiversity, habitats, populations, native species, and 

ecological processes. 

• Goal 2. Support, promote, and coordinate research, inventory, and monitoring that increases 

understanding of the NWHI and improves management decisionmaking. 

• Goal 3. Manage human activities to maintain ecosystem integrity and prevent or minimize 

negative impacts. 

• Goal 4. Provide for cooperative conservation, including community involvement, that achieves 

effective Monument operations and ecosystem-based management. 

• Goal 5. Enhance public understanding and appreciation of and support for protection of the 

Monument’s natural, cultural and historic resources. 

• Goal 6. Support Native Hawaiian practices consistent with long-term conservation and 

protection. 

• Goal 7. Identify, interpret, and protect Monument historic and cultural resources. 

• Goal 8. Offer visitor opportunities at Midway Atoll to discover and appreciate the wildlife and 

beauty of the NWHI, enhance conservation, and honor its unique human history. 

1.4 Purpose and Need for the Visitor Services Plan 

This Visitor Services Plan is incorporated as Appendix C of the Papahānaumokuākea Marine National 

Monument Management Plan to provide additional detail to implement the Midway Atoll Visitor Services 

Action Plan. It is based primarily on the Interim Visitor Services Plan approved on May 23, 2007, and 

incorporates the same compatibility determinations that were approved on that date (see Appendix D). 

In 1996, FWS prepared a public use plan to guide visitor services on Midway Atoll National Wildlife 

Refuge. Since then, the National Wildlife Refuge System Improvement Act of 1997 (an amendment to 

the National Wildlife Refuge System Administration Act of 1966) set new standards for visitor programs 

on refuges, and in 2006, new guidance was issued in the form of FWS Manual chapters regarding 

wildlife-dependent recreation. In accordance with the National Wildlife Refuge System Administration 

Act of 1966, as amended, and FWS guidance, this visitor services plan is required to ensure recreational 

uses are compatible with the Refuge System mission and the purposes, goals, and objectives of the refuge 

and national memorial. In addition, all recreational activities must be in compliance with Proclamation 

8031 and its codifying regulations at 50 CFR Part 404. 

This plan documents approved recreational activities at Midway Atoll and identifies the structure of the 

visitor services program. Special ocean uses that support recreational activities within the Midway Atoll 

Special Management Area are also addressed. The plan also outlines activities that honor and interpret 

the World War II history at Midway Atoll in recognition of its status as the Battle of Midway National 

Memorial. It discusses operational limitations, biological constraints, and partnership opportunities 

beyond Midway Atoll. 

This plan is partially based on experiences with Midway visitors since 1996, but also reflects new 

information and new requirements. In 2005, a Midway Atoll National Wildlife Refuge Visitor Program 

Market Analysis and Feasibility Study was completed by Pandion Systems, Inc., of Gainesville, Florida, 

under contract to FWS. The complete study is available on the FWS Website at 

http://www.fws.gov/midway. This visitor services plan also reflects insights gained from their study. 

Furthermore, Proclamation 8031 reinforced the importance of Midway as a vital link to the Northwestern 

Hawaiian Islands ecosystem, especially as an opportunity for visitors to experience, learn about, and 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 5 

April 2008

appreciate the area. This visitor services plan not only addresses various FWS policy requirements, but 

goes beyond those requirements and looks at Midway Atoll as a “window to the Monument.” Here 

visitors may learn about the broader Monument, and the interrelationships among the islands and the 

wildlife moving on, between, and among them. 

Since 1995, the FWS has been strongly committed to welcoming visitors to Midway Atoll. This is the 

first and only remote island national wildlife refuge in the Pacific to provide the general public with an 

opportunity to learn about and experience these unique ecosystems. With this visitor services plan, we 

rededicate our efforts to share the atoll’s wildlife and historic resources with the world. 

1.5 Internal/External Issues 

In August 2007, as part of the Monument management planning process, the following issues were 

identified related to visitor use at Midway Atoll. These issues will all be addressed in the appropriate 

sections below and within pertinent sections of the Monument Management Plan. 

Midway Atoll 

NWR – 

Access and 

Permitting 

What is the 

appropriate total 

number of people to 

visit, work, and 

volunteer on Midway? 

The Interim Visitor Services Plan identified up to 40 overnight 

visitors at one time and at least 300 visitors per year as appropriate 

given the current staffing and infrastructure. The proposed CoTrustee operational hub at Midway Atoll, including new programs 

and staff, would further strain the island’s operational infrastructure 

and potentially increase wildlife disturbance. The MMP will 

propose establishing a carrying capacity and maximum number of 

people on Midway, a site plan for the allocation of land uses, and 

facilities needed to balance people and wildlife. 

How will visitors be 

provided information 

to introduce and 

sensitize them to the 

fragile Midway atoll 

ecosystem and history? 

To what extent should 

new interpretive and 

educational exhibits be 

placed at Midway? 

The Midway Interim Visitor Service Plan offers several 

opportunities to interpret the natural and cultural features of the 

Monument, including guided tours, self-guided interpretive walks, 

guided boat trips, interpretive exhibits and signs, and programs and 

presentations focusing on wildlife, historic structures, artifacts, 

memorials, and key sites. The MMP will address expanding the 

current visitor program to represent the entire Monument. Midway Atoll 

NWR – 

Interpretation 

To what extent should 

historic structures be 

preserved and restored 

for interpretation on 

Midway? 

The determination to preserve, restore, reuse, or demolish a given 

building has to be done case by case, as the state of each building, its 

relative historic importance, interpretive opportunities, and the cost 

to restore and maintain varies widely. Decisions will likely be 

controversial, as Midway means different things to different people. 

An appropriate balance of on-island and off-island interpretation is 

needed and will be further addressed in the MMP. 

During development of the Interim Visitor Services Plan, issues raised included the fee structure, natural 

resource protection, historical recognition, authorized uses, cruise ship impacts, visitor capacity, length of 

visits offered, and type of facilities offered, infrastructure capacity, and transportation. These issues and 

comments included within 6,282 letters, e-mails, or telephone calls were addressed in the final Interim 

Visitor Services Plan. 
6 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

 

1.6 Local Setting 

1.6.1 Community Description 

Midway Atoll is so remote (about 1,250 miles from Honolulu, its nearest major city) that it must operate 

independently as its own small town. It provides its own power system, water treatment and distribution, 

facilities maintenance, sewage treatment, waste management systems, communications systems, and all 

the other operational necessities found in a small municipality. 

The refuge is currently staffed by six full-time FWS employees, one of whom is stationed in Honolulu. A 

few volunteers (normally one to four) assist the refuge staff in biological and habitat management 

activities. One part-time NOAA-Fisheries and part-time U.S. Geological Survey employee is based on 

Midway Atoll. The atoll also hosts transient1

 researchers, other FWS employees, or U.S. Coast Guard 

personnel on an occasional basis. During “construction season,” from August through October, as many 

as 30 additional workers may be on the island. NOAA and the State of Hawai‘i will also base a small 

number of staff (8-10 people) on Midway, as outlined in 3.6.3, Coordinated Field Operations Action Plan 

and the Midway Conceptual Site Plan (Appendix B). The refuge has contracted with a private entity to 

operate the infrastructure of the atoll. The contractor currently has approximately 50 employees on 

Midway. 

Island residents live in renovated Navy housing, including single family homes, duplexes, and Bachelor 

Officers Quarters (BOQ). One BOQ (known as Charlie Barracks), which contains 36 rooms, has been set 

aside for transient and visitor use. Almost all of the residents and transients eat at the “Clipper House,” 

where three meals a day are served buffet style. Most supplies, particularly foodstuffs, are flown to the 

island on chartered aircraft. Approximately once a year, a barge brings in equipment, food, and supplies 

too large or heavy for the aircraft. Fuel to operate the generators and small vehicles and to refill chartered 

aircraft is brought by fuel barge about once a year. All fuel deliveries operate in compliance with FWS 

regulations and the Midway Atoll Spill Prevention Control and Counter Measure Plan. 

Current funding to operate Midway Atoll comes from FWS, supplemented by Federal Aviation 

Administration funding that fully covers airport operations costs and a share of infrastructure operations 

costs. A small amount of funding is generated by other users of the atoll, such as other federal agencies 

conducting activities on Midway. 

1.6.2 Travel Links 

The only means of accessing Midway Atoll are by air or vessel. Midway has a fully certified airport 

known as Henderson Airfield, maintained to standards specified in Federal Aviation Administration 

Title 14 Code of Federal Regulations, Part 139. Midway is used as a required emergency landing site for 

extended twin-engine operations (ETOPS) flights across the Pacific Ocean. Under current regulations, 

twin-engine aircraft must be within a maximum of 180 minutes from a Part 139 certified airfield in case 

of an emergency. Midway’s 7,900-foot runway is capable of handling almost any type of aircraft. 

As a Navy base, numerous facilities were built to support a variety of vessel types. Small boats can enter 

the inner harbor and moor dockside or in the harbor. Larger vessels resupplying the island and research 

vessels generally come into the cargo pier, inside Midway’s lagoon but outside the inner harbor. Cruise 

1

 Transients include those coming to Midway Atoll for official duties, e.g., refuge employees, Co-Trustee staff, 

Coast Guard or other law enforcement entities, contractors, researchers, other federal or state employees, or other 

permitted personnel. 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 7 

April 2008

ships are required to remain outside the reef and shuttle their passengers in via tenders due to port security 

requirements. 

1.6.3 Visitor Services Opportunities (Beyond Midway) 

When Midway Atoll was opened to the public in 1995, it became the first and only remote refuge in the 

Pacific open to public visitation. The other islands in the Northwestern Hawaiian Islands are protected 

within the Hawaiian Islands National Wildlife Refuge (from Nihoa to Pearl and Hermes Atoll) or in the 

State of Hawai‘i’s Kure Atoll Wildlife Sanctuary. Because of their fragility and sensitive wildlife, these 

other islands and atolls are all closed to public use. 

The Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve was established adjacent to and 

seaward of the seaward boundaries of the State of Hawai‘i and Midway Atoll National Wildlife Refuge in 

2001, and is administered by NOAA. The area was under consideration for designation as a national 

marine sanctuary until the area was set aside as a Marine National Monument. As required in the 

Presidential proclamation establishing the Monument, special ocean uses such as ecotourism may be 

permitted outside the Midway Atoll Special Management Area if: 

• the activity will directly benefit the conservation and management of the Monument; 

• the activity is for research or education related to the resources or qualities of the Monument; 

• the public is provided an opportunity to review the application for a special ocean use permit at 

least 30 days before the permit is issued; and 

• the activity does not involve the use of a commercial passenger vessel. 

The State of Hawai‘i also administers submerged lands and waters out to 3 nautical miles from the islands 

and atolls except at Midway. In 2005, the State created a marine refuge in those waters with regulations 

prohibiting commercial and recreational fishing. Other uses (such as research, education, and Native 

Hawaiian cultural practices and subsistence fishing) are regulated by Monument permit. 

Although numerous visitor opportunities exist in the main Hawaiian Islands or at other islands in the 

Pacific, none offer the unique combination of natural and historic resources found at Midway Atoll. 
8 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

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Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 9 

April 2008

Chapter 2 Significant Features 

2.1 Terrestrial Resources 

Humans have greatly changed Midway Atoll from its original form. Only Spit Island has the general 

terrestrial habitat characteristics of an undisturbed atoll island, though it probably formed as an 

unintended result of channel dredging. Although the combined effects of dredging and filling, seawall 

construction, and importation of soil and many nonnative plant species has greatly expanded and altered 

the original acreage of Midway, it is still a wildlife habitat of worldwide importance. 

The earliest botanical descriptions of Midway were made in 1902. Since then, 355 different plant species 

have been identified. Twelve species are native and 2 are questionably indigenous to Hawai‘i. One plant 

species, Cenchrus agriminoides var. laysanensis, is listed as endangered, but it has not been observed on 

Midway since the early 1900s. Numerous exotic species are found on Midway, including some that are 

invasive and affect wildlife habitat. Ecological restoration efforts are underway to eradicate the worst 

invasive plants, control others, and revegetate with native species. 

Since the first insect (a moth) was described from Midway in 1894, more than 300 species of arthropods 

and land snails have been found on Midway, most introduced aliens. 

Almost 2 million breeding seabirds of 19 species make Midway one of the most important breeding areas 

of seabird conservation in the Pacific. Midway hosts the world’s largest populations of both Laysan 

albatross (448,341 nesting pairs in 2007) and black-footed albatross (25,320 nesting pairs). Midway’s 

breeding populations of white terns, black noddies, and red-tailed tropicbirds constitute the largest 

colonies in the Hawaiian archipelago. After eradication of rats in the mid-1990s, the Bonin petrel colony 

at Midway has rebounded to more than 32,000 pairs. One or two endangered short-tailed albatrosses 

generally visit Midway each year, although none have nested since the 1960s. 

In 2004, 20 endangered Laysan ducks were transported to Midway from their home at Laysan Island in 

the Hawaiian Islands National Wildlife Refuge. Biologists hope to establish a second “insurance” 

population of this endemic duck. The birds adapted well to the seeps created on Sand Island and 

surprised biologists by breeding during their first year, with 12 ducklings successfully fledging. An 

additional 22 ducks were transported to Midway in 2005, most of which were introduced to Eastern 

Island. By the end of 2007, almost 200 Laysan ducks were living on Midway Atoll. 

Midway also serves as an overwintering area for several arctic migrant shorebirds, including the rare 

bristle-thighed curlew. The availability of predator-free islands on which this large shorebird can spend 

its nonbreeding season is essential, because they become flightless during their molt. Many other 

migratory birds also visit Midway, some regularly and some rarely. 

2.2 Marine Resources 

Midway Atoll is one of the northernmost coral atolls in the world, presenting a unique opportunity to 

study the effect of colder waters on the growth, development, and ecology of coral reefs. Its neighbor, 

Kure Atoll, is the northernmost atoll in the world. Midway Atoll drops off steeply outside the barrier 

reefs, making it possible to observe in a relatively small area the different organisms and communities 

associated with pelagic, reef crest, ocean reef slope, deep reef, and lagoon habitats. 

The lagoon is filled with dense networks of linear reticulated and circular reefs that block circulation in 

much of the lagoon and trap sand washed over the northeastern reefs. These sediments limit coral 
10 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

development in much of the lagoon, except in the central lagoon where a modest amount of fingercoral 

gardens exists. Seagrass meadows are common in the lagoon, as are rock-boring urchins, calcareous 

green algae, and brown turban algae. 

Massive spurs and grooves high in coralline algal cover face the open ocean along the northwest to 

southwest perimeter reefs and offer evidence of the importance of coralline algae as a major reef builder 

in the far end of the Northwestern Hawaiian Islands. Corals are more abundant elsewhere on some ocean 

facing reefs and especially on shallow back-reefs and lagoon pinnacles. 

A total of 29 species of coral have been recorded at Midway, mostly Pocillopora, Porites, and Montipora

species. Blue encrusting coral tentatively identified as Montipora cf. turgecens occurs in spectacular 

formations in the lagoon and back reef habitats and may be endemic to the Northwestern Hawaiian 

Islands. 

The first systematic marine invertebrate survey was conducted at Midway in 1997. It documented 

316 invertebrate species, 250 of which had not been previously recorded at Midway. Crustaceans were 

the dominant macroinvertebrates, composing 46 percent of the total species. 

More than 100 species of algae are known from Midway, including 35 previously unrecorded species at 

Midway and 1 seaweed species new to science, Dudresnaya babbittiana. One alien algae, one alien fish 

(blueline snapper), and four alien marine invertebrate species are established at Midway as found in 2000-

2003 surveys. Incidental observations of two other introduced species, blacktail snapper and bluespotted 

grouper, have occurred at Midway in the last decade. 

A total of 266 species of fish, including 7 pelagic species, have been recorded at Midway. Some of these 

species are either not found in the main Hawaiian Islands or are very rare. Despite its low species 

diversity, Midway’s reef fish biomass is higher than in the main Hawaiian Islands, largely due to lower 

fishing pressures. Midway and its neighboring atolls have the highest rates of endemic reef fishes within 

the archipelago, in some cases reaching 52 percent. 

Many Midway species grow to larger than average size. All trophic levels are well represented, including 

jacks and four species of sharks. Several species of fish found elsewhere only in deep waters are found at 

shallow diving depths at Midway, including the endemic Hawaiian black grouper (hapu‘upu’u). 

Threatened green sea turtles are frequently seen inside the lagoon and basking on beaches. No turtle 

nesting had been documented until successfully hatched eggs were discovered on Spit Islet in July 2006. 

High surf uncovered the eggs, which probably hatched in 2005. In 2007, a sea turtle nest was 

documented on Sand Island. Endangered hawksbill sea turtles are infrequently seen in the lagoon. About 

65 endangered Hawaiian monk seals are usually present at Midway at any one time, and pupping levels 

have increased significantly since 1996, with a record number of 17 in 2004. However, as is common 

throughout the Hawaiian Islands, survivorship of juveniles is low and contributes to the critically 

endangered status of the species. In an effort to increase survivorship, NOAA-Fisheries established a 

captive care program on Sand Island in 2006. Six females were released in March 2007. 

Approximately 200-300 Hawaiian spinner dolphins rest within Midway’s lagoon and forage outside its 

reef. Bottlenosed, striped, spotted, and rough-toothed dolphins may occasionally be seen in the open 

ocean, as well as beaked, pilot, and endangered humpback whales. 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 11 

April 2008

2.3 Historic Resources 

2.3.1 Early Cultural Resources Investigations 

Study of Midway’s heritage resources was initiated in 1986 by the National Park Service when it 

conducted a survey of World War II-era properties eligible for designation as a National Historic 

Landmark. Nine structures, all defensive positions on the west side of Sand Island, were identified on 

Midway that convey a close association with the pivotal Battle of Midway, including ammunition 

magazines (ARMCO huts), a pillbox, and gun emplacements. Later that year, the nine defensive 

positions on Sand Island identified as eligible by the National Park Service and surrounding buffer areas 

were designated as a landmark. 

Between 1992 and 1994, the Navy sponsored studies of the Naval Air Facility on Midway, including 

archival research, interviews, and field surveys. The initial field effort consisted of an architectural 

history survey of the structures, buildings, and objects located on Sand and Eastern Islands. 

The study of Cold War Resources was conducted in 1993-94 by contractors hired by the Department of 

the Navy in order to identify the most important Cold War-era resources, even though they were less than 

50 years old, as part of the Base Closure process. The historian hired to conduct the inventory, research, 

and make recommendations regarding the significance of the buildings on Midway was a specialist in the 

Cold War period. The Cold War-era buildings were constructed on Midway between 1957 and 1969. 

The recommendation accepted by the Navy was that the Cold War-era buildings and structures on 

Midway lacked architectural merit, were not directly associated with President Nixon’s visit, and do not 

convey a direct link to the events that occurred during the Cold War. The Navy subsequently demolished 

many of the Cold War-era buildings and structures prior to the transfer to the FWS. 

In addition to the landmark structures, 69 buildings, structures, and objects associated with the 1903-1945 

historic period on Sand and Eastern Islands were determined to be eligible according to criteria 

established for the National Register. The properties evaluated as significant are associated with three 

major themes: colonization, initial years of base construction and the Battle of Midway, and 1942-1945 

base construction. 

Archaeological surveys of Sand and Eastern Islands were conducted in 1992 and 1994. Surface 

inspections, 68 subsurface core samples, and 5 shovel-test units revealed no evidence of 

Polynesian/Hawaiian or pre-1900 historic period cultural remains. A literature review of Hawaiian 

legends found numerous references to distant low-lying islands with abundant birds and turtles but no 

clear tie to Midway. However, like many low islands and atolls in the Northwestern Hawaiian Islands, 

Midway may have been visited by Polynesians/Hawaiians in their extended travels. Prior to extensive 

military-era construction, these islands were periodically scoured by storms and high winds that may have 

removed or buried evidence of use. 

2.3.2 Programmatic Agreement and Treatment of Midway’s Historic Properties 

In 1996, the Navy’s Pacific Division, Naval Facilities Engineering Command; the Advisory Council on 

Historic Preservation; and FWS signed a programmatic agreement directing how Midway Atoll’s historic 

properties were to be treated during the closure of Naval Air Facility Midway. These properties were 

assigned to one of six categories of preservation treatment: reuse and maintain, secure and abandon in 

place, abandon in place and leave as is, fill or cover, relocate, or demolish. FWS was required to prepare 

a long-term Historic Preservation Plan, which it completed in 1999. 
12 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

2.3.3 Historic Preservation Plan 

The June 1999 Midway Atoll National Wildlife Refuge Historic Preservation Plan defines a program to 

integrate historic preservation planning with the wildlife conservation mission of FWS at Midway Atoll. 

The plan focuses on the long-term management conditions and goals for preserving and stabilizing 

historic properties. It also recommends procedures for treating new discoveries, caring for museum 

collections, and implementing a visitor program that includes historic preservation work. The plan will 

be revised and updated over the coming year. In the future, the Co-Trustees will incorporate submerged 

cultural resource protection into such plans. 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 13 

April 2008

Chapter 3 Limitations on the Visitor Program 

3.1 Visitor Access 

The wildlife treasury that makes Midway Atoll so special for visitors also requires certain restrictions be 

placed on visitors for the protection of plants and animals. As on all national wildlife refuges, wildlife 

takes priority. Albatross nesting within the main housing areas of Sand Island continues successfully, 

even in the presence of human residents, but management measures are necessary to control human 

access to the nesting habitat of more sensitive bird species and the beach areas frequented by monk seals 

and sea turtles. 

To maximize visitor safety and minimize wildlife disturbance and habitat degradation temporally, landbased visitor activities (other than walking, bicycling, and refuge manager-approved interpretive 

programs) will be restricted to daylight hours (legal sunrise to legal sunset), and water-based to 1⁄2-hour 

after legal sunrise to 1⁄2-hour before legal sunset. Vessels involved in the visitor program must return to 

dock at least 1 hour before sunset to allow sufficient time for search and rescue operations if necessary. 

To prevent disturbance of petrel and shearwater burrows, visitors and residents will be required during 

their initial orientation and through appropriate handout material to remain on paved or gravel roads and 

designated trails. The trails that are open for visitor use will be clearly marked on maps (see Figure 

3.1.1). North Beach from Rusty Bucket to the fuel farm is considered a ‘trail.’ 

Most of the beaches on the western half of Sand Island are closed to public access to protect Hawaiian 

monk seals from disturbance, although there will be opportunities for beach viewing access from a 

primitive walking trail to designated viewing sites. “Turtle Beach,” located on the eastern side of Sand 

Island from the old seaplane ramp to Cross Point and several wetlands inhabited by endangered Laysan 

ducks are also closed to visitors. For visitor safety, the fuel farm and active airport runways are closed to 

the public, except for designated crossing points on the runways. 

Spit Island is closed to all public access, and Eastern Island is open only to visitors with FWS or FWStrained escorts on scheduled trips. Since 1988, all beach areas (including all beach crest vegetation to its 

deepest extent inland), lagoon waters, and ocean waters to a depth of 20 fathoms – except on Sand Island 

and its harbor – have been designated critical habitat for Hawaiian monk seals. Power boats engaged in 

recreational activities are not allowed within buffer areas of at least 500 feet around Eastern, Spit, and 

most of Sand Island (see Figure 3.1.2), although they may transit to the pier on Eastern Island for 

interpretive tours and volunteer work. No visitors will be allowed on the coral reefs surrounding the 

lagoon. Water activities will avoid preferred monk seal and sea turtle resting habitat areas on these reefs. 

To protect threatened and endangered species, visitors are required to remain at least 150 feet away from 

Hawaiian monk seals, short-tailed albatrosses, and sea turtles on land or in the water. This distance is 

recommended under Watchable Wildlife guidelines. Disturbance or harassment of these species is a 

violation of the Endangered Species Act. Collection of live or dead wildlife, including feathers, bones, 

eggs, shells, and coral, also is prohibited under 50 CFR 27.61. Objects of antiquity are similarly 

protected from removal under 50 CFR 27.62, and military shipwrecks and aircraft wrecks are also 

protected under the Sunken Military Craft Act of 2005 and other statutes. 

All visitor activities allowed under this visitor services plan, as authorized by compatibility 

determinations, will occur within the Midway Atoll Special Management Area. No excursions beyond 

that boundary will occur. 
Figure 3.1.1 Visitor Access Map 

14 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 
Figure 3.1.2 Recreational Powerboat Buffer Area Map 

Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 15 

April 2008
16 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

Refuge staff and volunteers are working diligently to remove invasive species from Midway Atoll. 

Although the battle is far from won, we want to ensure no additional invasive species – particularly plants 

and insects – are inadvertently introduced to the atoll, or conversely, taken from Midway and introduced 

into Hawai‘i or elsewhere. To help prevent this, an inspection program will be implemented both before 

departure from Honolulu and before departure from Midway. All flights will originate from Hawai‘i to 

reduce the risk of invasive species reaching Midway. In addition, visitors going to Eastern Island will be 

asked to check their gear for mice before departure to prevent accidental introductions. Prior to returning 

to Sand Island, they will be asked to clean their shoes, clothing, and gear to prevent spread of the invasive 

black mustard onto Sand Island. 

Passengers arriving by vessel are required to clean their footwear before coming ashore. Sailboats are 

inspected by FWS staff upon arrival and before docking to ensure they are rat free. 

In addition, all permitted vessels must have their hulls inspected and cleaned when required, including the 

visual inspection of anchors and tender vessels. Proclamation 8031 prohibits the release of ballast water 

within the Special Management Area. Protocols have also been developed and will be enforced for the 

treating of snorkel and dive gear to prevent the inadvertent introduction or transmission of alien species. 

To minimize conflicts between aircraft and birds in flight, all visitor flights from November through July 

will be scheduled to arrive and depart Midway at night, unless specifically authorized by the refuge 

manager. 

3.2 Visitor Capacity and Scheduling 

Many of Midway’s infrastructure systems (i.e., water, sewer, power generation) were originally designed 

to service a population of up to 5,000 individuals. However, Sand Island’s current population of FWS 

employees and volunteers, contractors, etc., is less than 100 people. FWS is concluding several millions 

of dollars of construction downsizing the primary infrastructure systems in order to create long-term 

efficiencies. These new, more economical and efficient systems are designed to support a population of 

no more than 200 individuals, including interagency personnel, volunteers, researchers, and visitors 

engaged in any activity. 

In order to ensure a quality visitor experience using the limited infrastructure currently available, the total 

number of overnight visitors allowed on Midway Atoll at any one time will be limited to no more than 

50 people. At the present time, a maximum of 24 rooms are available for visitors, which may be more 

restrictive than the 50 person limit depending on multiple occupancies of the same rooms. All visitors 

must stay in existing facilities; the policy to disallow camping continues due to potential impacts on 

wildlife habitat and the species themselves. Although visitors arriving by sailboat will not require rooms, 

they will still be counted toward the total number of visitors since they may require other infrastructure 

support such as fresh water and food. In addition to lodging, other factors such as the number of visitors 

who can be accommodated on the aircraft and in our dining facility limit the total number of visitors. 

Due to other infrastructure or visitor safety limitations, all visitors may not be able to engage in the same 

activity at one time (e.g., snorkel boat capacity, a limited number of approved guides, etc.). Children are 

welcome at Midway, though parents are cautioned that limited medical facilities are available in this 

remote location. Parents will be responsible for monitoring their children’s activities. 

The 50-visitor limit may be exceeded for short duration (less than a day) prearranged visits by ocean 

vessels or aircraft. In these cases, visitor activities are closely supervised and primarily consist of guided 

tours or participation in commemorative events. 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 17 

April 2008

For the next 4 years (2008-2011), visitor programs will operate from November through July, which 

coincides with the albatross season on Midway. To ensure the safety of visitors and enhance their 

experience on Midway, visitor programs will be concentrated in this 9-month timeframe. The months of 

August through October are reserved for planned construction and major maintenance activities. Very 

few rooms will be available during these months due to the number of contractors on island, and aircraft 

capacity will be needed both for contractors and supplies. 

3.3 Monitoring Visitor Impacts 

Midway Atoll Monument staff will monitor the impacts of visitors and other users on wildlife and historic 

resources to ensure continuing compatibility, as required by Monument and FWS policies. Monitoring 

methodology to assess impacts on seabirds, Hawaiian monk seals, sea turtles, corals, and fishes has been 

developed by the refuge biologist based on previous work on other refuges and protected areas, in 

consultation with the Co-Trustees. The visitor program supervisor, in consultation with the FWS and 

NOAA cultural resources program staffs, will monitor impacts on historic resources. Impact monitoring 

of marine resources will be conducted in partnership with NOAA using the multiagency monitoring 

protocols developed collaboratively since 2000. 

Based on FWS experience from 1996-2002, when up to 100 overnight visitors were allowed on Midway 

at any one time, we anticipate few impacts as long as visitors comply with refuge and Monument rules 

and regulations. A refuge officer has been hired to enforce these rules and regulations, as well as to assist 

with coordinated law enforcement throughout the Monument. Additional refuge officers may be detailed 

to Midway for special events or activities. Under the National Wildlife Refuge System Administration 

Act, the refuge manager has the authority to close areas, halt activities, or restructure visitor programs if 

necessary to protect wildlife or historic resources or to ensure a quality visitor program. 

3.4 Midway Atoll Law Enforcement Activities 

Lands within the National Wildlife Refuge System are generally considered strict liability lands, where 

the visitor is responsible for knowing the rules. Because of the “closed until open” concept of the 

National Wildlife Refuge System Administration Act of 1966, as amended, everything is initially 

prohibited. Because entry into the Monument is prohibited without an appropriate permit, this same 

concept applies. A refuge may be opened to particular uses or a suite of uses through a finding of 

appropriateness, when required, and approved compatibility determinations. The public may then be 

notified of this opening through one of several mechanisms found in Title 50 of the Code of Federal 

Regulations 25.31: conspicuously posted signs, special regulations published in 50 CFR 26.33, maps, or 

other appropriate methods that give the public actual or constructive notice of the permitted activity. 

At Midway, the public review and comment period associated with development of the interim visitor 

services plan, as well as issuance of this plan, serve as constructive notice to the visitor under the strict 

liability standard. Additionally, the mandatory visitor orientation presentation within 24 hours of arrival; 

visitor access maps provided at that orientation, posted throughout the island, and contained in 

information notebooks in each room; signs; and other information found within the information 

notebooks located in each hotel room provide the visitor with additional actual or constructive notice. 

A visitor found in violation of these rules may be issued a Notice of Violation, or arrested in the most 

serious cases. A Notice of Violation usually includes an option for paying a fine under an established 

Forfeiture of Collateral Schedule or appearing in court before a Magistrate Judge. In addition, depending 

on the violation, other applicable laws and penalties will apply. 
18 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

Monument permits will incorporate all applicable requirements, and the signed Monument permit also 

serves as actual notice of these requirements. 
Chapter 4 Visitor Services Standards 

4.1 Welcome and Orient Visitors 

“We will assure that refuges are welcoming, safe, and accessible. We 

will provide visitors with clear information so they can easily 

determine where they can go, what they can do, and how to safely 

and ethically engage in recreational and educational activities. 

Facilities will meet the quality criteria defined in [policy]. We will 

treat visitors with courtesy and in a professional manner.” 

Fish and Wildlife Service Manual, 605 FW 1 

Goal 8. Offer visitor opportunities at Midway Atoll to discover and appreciate the wildlife and beauty of 

the NWHI, enhance conservation, and honor its unique human history. 

Objective 1 Provide visitor opportunities for at least 500 overnight visitors annually, with no more 

than 50 overnight visitors at any one time.

Strategy 1.1 By September 2008, solicit sufficient additional staff or qualified volunteers to support the 

visitor program. 

Strategy 1.2 By June 2009 and based on a completed Midway Conceptual Site Plan, seek funding to 

establish additional housing opportunities for individuals and groups. 

Strategy 1.3 By December 2008, seek larger capacity aircraft to service Midway Atoll on a regular basis. 

Strategy 1.4 Limit the total number of overnight visitors to no more than 50 at any one time to match the 

existing infrastructure, ensure a quality program, and limit impacts to wildlife. 

Strategy 1.5 Work with private groups to arrange facilitated visits to Midway. 

Strategy 1.6 Offer a minimum of four 3- to 7-day visits annually for independent travelers to come to 

Midway on less structured visits. 

Discussion: With the small size of the initial program, one interpreter will be hired in 2008 to help with 

orientation sessions and tours, followed by a supervisory visitor services manager by October. This 

manager will have the primary responsibility for Midway’s visitor program, including program 

development, program implementation, program evaluation, coordination with NOAA, and supervision of 

the interpretive staff. This employee would be responsible for implementing the visitor services plan for 

Midway in collaboration with Monument Co-Trustee staff. Until this employee has been hired, FWS 

staff in Honolulu will continue to provide support for the Midway visitor program. An additional FWS 

ranger (interpretation) or qualified volunteer will be stationed on Midway by 2009 to assist in providing 

orientation and interpretive programs and staff the interpretive facilities. A refuge officer (law 

enforcement) will be in place to enforce rules and regulations on Midway and to assist with law 

enforcement throughout the Monument. The refuge zone officer will also assist with enforcement 

activities at Midway. FWS will work with its contractor to identify additional contractor staffing needs 

for lodging, food service, and administrative work in support of the visitor program. 

Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 19 

April 2008
20 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

The limit of no more than 50 overnight visitors on Midway at any one time reflects the limited capacity of 

our means of transportation and island infrastructure. Our Fiscal Year 2008 aircraft charter company 

operates a Gulfstream G-1 aircraft with 19 seats and a weight capacity of 3,200 pounds. Therefore, it is 

likely that no more than 15 seats will be available on any flight. In general, visitor groups will be 

transported on separate charter flights from those that bring food; mail; supplies; repair parts; and FWS, 

contractor, and Co-Trustee staff to and from the atoll. Most visits will be for one week at a time, although 

occasionally a shorter-term visit may be offered. 

Of the 36 rooms in our guest lodging facility (Charlie Barracks), 24 rooms generally will be available for 

overnight guests at any one time (except from August through October). The remaining rooms may 

occasionally be available, but often will be occupied by off-island staff, Co-Trustee staff, and contractors. 

The seating capacity at Midway’s dining facility is likewise limited. Although meal times can be 

staggered to accommodate larger numbers of people on island, aircraft seating and lodging still limit the 

size of the program. 

FWS Monument staff, in coordination with NOAA, will evaluate other types of aircraft that could safely 

and more cost-effectively transport visitors to Midway Atoll. We will work with the Department of the 

Interior’s Office of Aircraft Services and NOAA’s Marine and Aviation Operations office to identify 

suitable potential bidders for an aircraft charter service. Our goal would be to be able to transport 25-

30 visitors to and from Midway per flight. We also continue to evaluate the island infrastructure to 

identify additional needs for visitor housing, food services facilities, etc., for future planning and budget 

development purposes. 

Since 2002, various private groups have inquired about the possibility of bringing structured groups of 

people to Midway for 2 to 7-day visits. FWS will encourage such visits, working with the organizers to 

arrange trips in the most cost-efficient manner possible. These groups will be led by a FWS-approved 

guide who has been thoroughly briefed in refuge and Monument rules and regulations, and all proposed 

activities on Midway Atoll will be approved in advance by the refuge manager in compliance with 

Monument regulations and necessary permit conditions. 

Although most visits would be part of structured programs, we will offer at least four 3- to 7-day periods 

annually when individuals may come to Midway to enjoy the atoll’s historic and wildlife resources in a 

less structured manner. Such visitors would participate in available guided activities but would not be 

with an organized group. All of the rules and restrictions that apply to other visitors would apply to 

independent travelers. These independent travelers would require more oversight by Monument 

employees than organized groups, but still deserve the opportunity to visit their public lands. 

Objective 2 Provide visitor opportunities for private sailboats and up to three individual cruise ship 

visits per year. 

Strategy 2.1 Continue to allow private sailboat crews with prior approval to stop at Midway Atoll and 

moor in the inner harbor. All sailboats must obtain a Monument permit and meet Monument 

requirements during their voyage. 

Strategy 2.2 Continue to allow up to three cruise ship visits to Midway Atoll during any calendar year for 

8-12 hour visits. These vessels are limited in size to no more than 800 passengers and will meet all refuge 

and Monument cruise ship requirements. 

Discussion: Although the number of sailboats visiting Midway Atoll varies from year to year, the 

average number seeking prior permission to land is about five per year. Midway Atoll is not en route to 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 21 

April 2008

normal sailboat destinations in the Pacific, and due to prevailing winds and currents, it is difficult to sail 

from Midway back to Honolulu. Those that do come to Midway generally stay only a few days, 

remaining overnight on their vessels. Occasionally they eat some of their meals at the Clipper House 

dining facility. 

For the past several years, Midway has hosted from one to four commercial cruise ships of varying 

passenger capacities for walking tours of Sand Island. Weather permitting, the cruise ships remain 

outside of the southern reef at the channel entrance and offload their passengers in groups of up to 100 in 

the ships’ tenders. These small boats come into the inner harbor, where the passengers disembark and are 

divided into groups for a 2-hour walking tour along existing roads to specific sites where FWS, National 

Park Service, and/or volunteer interpreters provide informative talks. Each group is accompanied by tour 

guides from the ship to ensure the passengers remain on the clearly marked guided tour route. Visitors 

return to the cruise ship at the end of their walking tour. Some of these cruise ships have been on themebased itineraries to World War II Pacific battlefields, while others have been more general in nature. 

Many visitors – including those on world tours – have remarked that their stop at Midway Atoll was one 

of their most enjoyable and educational experiences. 

Each cruise ship must follow the Monument’s requirements, including obtaining a Monument Special 

Ocean Use permit, as well as numerous refuge requirements. A separate permit is required for each visit 

to Midway Atoll, and no more than three special ocean use permits for cruise ship visits will be granted 

per year. Monument permit conditions such as hull inspections, specific vessel monitoring systems, and 

discharge limitations apply to cruise ships as well as other vessels permitted within the Monument. 

Permits are not issued if the vessels do not meet the requirements of Proclamation 8031 and 50 CFR 

404.11. The refuge manager and ship’s captain have the authority to cancel any visit should weather and 

ocean conditions be too dangerous for human safety. 

Cruise ship companies cover the cost of bringing additional interpreters to the island. In order to ensure 

that these short-term visits do not conflict with the overnight visitors, we will limit the number of cruise 

ship visits to no more than three per year. Since they are generally scheduled months in advance of the 

visit, we may be able to avoid scheduling overnight visitor trips at times when cruise ships will arrive. 

Objective 3 Ensure all visitors feel welcome, enjoy a safe experience, and understand refuge and 

Monument rules and regulations during their stay on Midway Atoll. 

Strategy 3.1 Ensure visitors with disabilities feel welcome at Midway and enjoy a quality experience. 

Opportunities to improve existing facilities for the disabled will be evaluated in 2008 and funding for 

improvements will be sought in 2009. 

Strategy 3.2 Ensure all visitors arriving at Midway Atoll receive advance materials regarding the 

sensitivity of Midway’s resources and participate in a mandatory orientation briefing within 12 hours after 

their arrival. 

Strategy 3.3 On an ongoing basis, maintain notebooks in each visitor room with maps and information on 

safety, wildlife viewing etiquette, regulations, and emergency contacts. 

Strategy 3.4 Staff the visitor center at least 4 regularly scheduled hours a day during workweeks so that 

visitors can ask questions and seek additional information. 

Strategy 3.5 By June 2015, complete installation of directional, regulatory, and interpretive signage as 

proposed in the Midway interpretive plan and sign plan. 
22 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

Strategy 3.6 Continue monitoring visitor satisfaction surveys on a weekly basis, adjusting the visitor 

program, visitor facilities, and maintenance schedules as appropriate. 

Strategy 3.7 By March 2009 and biennially thereafter, assess the level of visitor satisfaction, financial 

stability of the program, level of staffing, and program structure resulting in recommendations for 

improvement. 

Strategy 3.8 Based on the assessment above, seek funding, authority, or other needs to implement the 

recommendations. 

Discussion: Opportunities to enhance accessibility for all visitors will be sought throughout 

implementation of the visitor program. Wheelchair-accessible lodging is currently available for visitors 

in Bravo Barracks on Sand Island. The boardwalk leading to the dining facility also is accessible. Due to 

Sand Island’s mostly flat terrain, most of the roads are passable for all visitors. A review of Midway’s 

facilities with particular attention to their accessibility was completed in 1997 and will be reviewed in 

2008. 

Advance materials will be provided to registered visitors with helpful hints about what to bring to 

Midway, how to avoid introducing new invasive species, how to avoid disturbing wildlife, and what to 

expect on the atoll. Since 1995, all visitors arriving at Midway Atoll have been required to attend a 

mandatory orientation session led by FWS personnel, even those who may have participated in a pre-trip 

briefing. During this time, visitors learn about some of the natural and historical resources of Midway 

Atoll, cultural resources of Papahānaumokuākea Marine National Monument, rules and regulations that 

protect wildlife, and personal safety information. They are provided maps and other information to make 

their visit more enjoyable and educational. The schedule of the briefing varies by the time the 

aircraft/vessel arrives on Midway, but it always occurs within 12 hours. As a helpful reference, each 

guest room will have a notebook containing this information. These notebooks will be in place by 

November 2008 and will be updated on a regular basis. Information on natural, military, and other 

hazards will be included in both the orientation and the reference notebooks. Staffing the visitor center at 

least 4 hours per day will allow visitors the opportunity to seek answers to any questions. 

For cruise ships, briefings are either given on board the ship prior to arrival or, if no FWS-approved 

guides are on board, via written materials developed by the cruise ship company in coordination with 

FWS and Monument Co-Trustees. Since all cruise ship visitors are guided in small groups from one site 

to another along existing roads, these methods of orientation suffice. 

We try to minimize the number of signs on Midway both to reduce impacts on wildlife and to allow 

visitors to have a more natural experience. Street signs have been lowered to minimize collisions by birds 

in flight. During 2009, refuge staff will analyze the need for additional signage and complete a sign plan 

in consultation with NOAA. 

Because of the age of Midway’s infrastructure, the atoll’s harsh climate, and the difficulty of getting 

materials and supplies to the atoll, maintenance of visitor facilities is a major and expensive endeavor. 

Efforts will be made to improve these facilities during 2008-2011. However, to ensure a minimal level of 

funding is available, visitor program fees will be structured to cover maintenance costs for lodging and 

dining facilities, on-island means of transportation (e.g., golf carts and bicycles), and at least some of the 

interpretive facilities. FWS will also work with its other partners on Midway to seek funding for island 

infrastructure maintenance and repair. 
FWS’ contractor will design and implement a visitor satisfaction survey. A previous questionnaire 

distributed by a private partner at Midway provided valuable insight into how we could improve our 

visitor program. FWS, contractor, and Co-Trustee staff will work together to make appropriate changes 

to enhance the visitor experience based on this feedback. 

After 1 year of operation, FWS will evaluate the visitor program and work with the Co-Trustees to form 

recommendations for its improvement. As feasible, these recommendations will be implemented. Such 

assessments will continue on at least a biennial basis. 

4.3 Provide Quality Hunting Opportunities 

“Hunting is a wildlife-dependent recreational use and, when 

compatible, an appropriate use of resources in the Refuge System. 

Hunting programs will meet the quality criteria defined in [policy] 

and, to the extent practicable, be carried out consistent with State 

laws, regulations, and management plans.” 

Fish and Wildlife Service Manual, 605 FW 1 

Midway Atoll has no available hunting opportunities because all of its animal species are protected by 

law as either nongame species or threatened or endangered species, or they occur in numbers too low for 

harvest (e.g., migratory waterfowl). 

4.4 Provide Quality Fishing Opportunities 

“Fishing is a wildlife-dependent recreational use and, when 

compatible, an appropriate use of resources in the Refuge System. 

Fishing programs will meet the quality criteria defined in [policy] 

and, to the extent practicable, be carried out consistent with State 

laws, regulations, and management plans.” 

Fish and Wildlife Service Manual, 605 FW 1 

Consistent with relevant law, FWS grants wildlife-dependent public uses, including fishing, special 

consideration on national wildlife refuges. When determined compatible, wildlife-dependent public uses 

receive priority consideration over all other uses of a refuge. In this instance however, Midway Atoll is 

managed not just as a national wildlife refuge but as part of the Monument. In accordance with 

Proclamation 8031 “[r]emoving, moving, taking, harvesting, possessing, injuring, disturbing, or 

damaging; or attempting to remove, move, take, harvest, possess, injure, disturb, or damage any living or 

nonliving Monument resource” is prohibited without a permit, and recreational permits cannot be issued 

for activities that result in the extraction of Monument resources. Therefore, sportfishing at Midway 

Atoll will not be permitted. 

Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 23 

April 2008
4.5 Provide Quality Wildlife Observation and Photographic Opportunities 

“Visitors of all ages and abilities will have an opportunity to observe 

and photograph key wildlife and habitat on the refuge when it is 

compatible with refuge purpose(s). Viewing and photographing 

wildlife in natural or managed environments should foster a 

connection between visitors and natural resources . . .. 

 Fish and Wildlife Service Manual, 605 FW 1 

Goal 5. Enhance public understanding and appreciation of and support for protection of the Monument’s 

natural, cultural, and historic resources. 

Goal 8. Offer visitor opportunities at Midway Atoll to discover and appreciate the wildlife and beauty of 

the NWHI, enhance conservation, and honor its unique human history. 

Objective 4 Within 3 years, improve wildlife viewing and photography opportunities for all visitors 

to Midway Atoll. 

Strategy 4.1 Working with Monument Co-Trustees, re-establish an active dive program for visitors on 

Midway by May 2011. 

Strategy 4.2. In Fiscal Year 2010, seek funding for two new boats to support the visitor program, one 

capable of carrying at least 25 visitors to Eastern Island, the other to support the dive program. 

Strategy 4.3 By 2011, establish remote viewing cameras to transmit live video of terrestrial and marine 

species and their habitats to the visitor center and other locations beyond Midway Atoll. 

Discussion: At few other places in the world can visitors be so totally surrounded by wildlife. Midway’s 

seabirds have little fear of humans, and visitors are offered opportunities to observe and photograph them 

from the time they arrive until they leave. To enhance their experience and ensure their expectations are 

met, a wildlife calendar has been developed showing what species are present at Midway during each 

month of the year. Existing bird and fish checklists have been reviewed and updated, then printed for 

distribution. A wildlife map of Midway Atoll shows visitors where they might have the best opportunity 

to see specific wildlife species. These documents will also be available on the Midway Atoll website. 

In 1997, West Beach – wrapping all the way from Rusty Bucket around Frigate Point – was closed to 

protect Hawaiian monk seals that use the beach for resting and pupping. To continue to allow visitors to 

reach historic resources in that area and to expand their opportunities to see the wildlife resources of 

Midway, FWS constructed a trail through the ironwood forest adjacent to West Beach, in consultation 

with NOAA-Fisheries. At several locations along the trail, spur trails leading to overlooks were marked 

and native vegetation planted to create natural wildlife viewing blinds. That trail is being renovated in 

2008 to ensure visitor safety and to ensure the viewing blinds are effective in screening visitors from 

resting monk seals. Though generally left as a self-guided tour for visitors to explore, FWS also offers a 

guided West Beach trail tour approximately once every week. 

Unlike the albatrosses and some other seabird species, Laysan ducks are frequently secretive and wary of 

humans. To increase opportunities for visitors to see this highly endangered species, an accessible 

observation/photography blind is being constructed at the water catchment basin in 2008. If needed, a 

spotting scope may be added to the blind to enhance viewing opportunities. 

24 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 25 

April 2008

A limited water-based wildlife observation program began in 2008, using existing refuge. FWS and its 

partners will seek additional resources to expand the program. Because of the inherent safety concerns of 

any water-based activities, particularly in such a remote location, strict standards and rules will be 

established and enforced before any visitors are allowed to engage in these activities. 

Snorkeling and guided kayaking opportunities are offered during daylight hours only (one-half hour after 

sunrise to one hour before sunset) to learn about and enjoy Midway’s marine resources. Small groups of 

up to eight snorkelers per guide are taken by FWS-approved guides to specified locations within the 

lagoon to enjoy snorkeling within the lagoon and adjacent to the reef (except within the 500-foot buffer 

zone identified in Figure 3.1.2). Snorkeling sites are rotated to reduce marine impacts and avoid preferred 

monk seal and sea turtle haulout sites. Visitors are also allowed to snorkel near the cargo pier as long as 

no monk seals are in the vicinity. Use of the “buddy system” is required. 

Guided kayaking tours of the lagoon will also be offered in 2008 in groups of no more than six kayaks. 

All participants will be carefully instructed in kayak safety and wildlife/marine resource viewing etiquette 

before launching the boats. Kayaks will launch from Sand Island and may tour only from the cargo pier 

across the northern beach, around Rusty Bucket to Frigate Point. All kayak tours must remain at least 

150 feet from shore to avoid disturbing resting monk seals on the beach. Kayak tours will remain at least 

500 feet from shore at West Beach if a monk seal mother and pup are present. FWS or FWS-approved 

kayak guides will be trained in kayak operation and in radio contact with employees on Sand Island. 

Individuals may not take kayaks out on their own. Kayaking tours will not be allowed to head toward 

Eastern Island or Spit Island, or to approach the reef. No snorkeling will be conducted from kayaks. 

Visitors may also want to explore the coral reefs in waters outside the lagoon through SCUBA diving. 

Monument staff will work toward re-establishing a dive program by May 2011, through the use of a 

concessionaire. As a preliminary step toward a dive program, the refuge manager has determined guided 

dive tours focused on wildlife observation and photography would be a compatible wildlife-dependent 

use. Divers would be accompanied by a certified master diver, with a maximum of six divers per one 

dive master. The dives would be specialized for divers interested in marine life and underwater 

photography, and all NOAA-Fisheries guidelines for viewing marine mammals and sea turtles would be 

met. No night diving would be allowed due to increased shark activity. Typically, this would be a 

seasonal activity, generally from May through September when the seas are calmer. Specific Monument 

protocols to ensure invasive species and disease are not transmitted through snorkel and dive gear will be 

implemented. 

Although live-aboard dive cruises are offered on the Island of Hawai‘i and many other areas of the 

Pacific, Midway’s remote location would mean vessels would need to be in transit for many days before 

reaching the atoll to dive, and that they would need to transit the waters of the Monument. It is highly 

unlikely such a vessel could meet the environmental standards required of vessels within the Monument. 

Any request for such use at Midway Atoll would require the approval of the Co-Trustees through the 

permitting process. Cruise ships are only onsite for sufficient time to allow terrestrial tours and 

occasionally the opportunity to swim off the North Beach. No other alternatives (e.g., snorkeling or 

diving) for cruise ship passengers will be allowed. All requirements outlined in the compatibility 

determinations for wildlife observation and nonwildlife-dependent recreational activities would apply. 

As technology improves and funding becomes available, we will work with our Co-Trustees to provide 

opportunities to broadcast live images of sensitive species such as the short-tailed albatross, Hawaiian 

monk seal, and Laysan duck and coral reef habitats to the visitor center on Sand Island and perhaps to the 
main Hawaiian Islands (such as at the Mokupapapa Discovery Center in Hilo) and beyond through the 

National Marine Sanctuary Program’s web portal (http://www.oceanslive.org/portal/). 

Objective 5 Work with and encourage qualified groups or individuals to develop specialized 

wildlife-dependent programs such as wildlife monitoring, photography, and art in 2008 and 

beyond. 

Strategy 5.1 Continue to seek new vendors who would be interested in bringing groups to Midway.

Discussion: In the Midway Atoll National Wildlife Refuge Visitor Program Market Analysis and 

Feasibility Study, Pandion Systems, Inc., recommended several target audiences within the broad 

category of sustainable ecotourism, including specialized programs such as service learning activities, 

photography tours, writing and artist workshops, and educational tours. The FWS and Monument CoTrustees agree and will continue to explore opportunities to reach such vendors. Since these programs 

generally bring a leader/guide/instructor with them, we need only ensure their understanding and 

compliance with rules and regulations and provide local expertise as needed. Proposed activities that 

would generate revenue or profits would require Monument Special Ocean Use permits. 

4.6 Develop and Implement Quality Environmental Education Programs 

“Through curriculum-based environmental education packages based 

on national and State education standards, we will advance public 

awareness, understanding, appreciation, and knowledge of key fish, 

wildlife, plant, and resource issues. Each refuge will assess its 

potential to work with schools to provide an appropriate level of 

environmental education. We may support environmental education 

through the use of facilities, equipment, educational materials, teacher 

workshops, and study sites that are safe, accessible, and conducive to 

learning.” Fish and Wildlife Service Manual, 605 FW 1 

Goal 5. Enhance public understanding and appreciation and support for protection of the Monument’s 

natural, cultural, and historic resources. 

Objective 6 Beginning in 2008, develop and provide biennial wildlife-dependent teacher workhops 

at Midway Atoll targeting a mix of science teachers and those from other fields of education and 

focused on Navigating Change curricula.

Strategy 6.1 Working with the Navigating Change Educational Partnership, implement a week long 

standards-based teacher workshop on Midway in 2009 developed and conducted by the teacher focus 

group in 2008. 

Strategy 6.2 Develop and conduct teacher workshops on Midway at least biennially in support of the 

Navigating Change curricula. 

Strategy 6.3 By 2012, focus one teacher workshop on expanding Navigating Change curricula to meet 

the needs of intermediate and high school classrooms. 

Discussion: The goal of these biennial teacher workshops is to inspire a new group of teachers to use 

environmental education as a method of connecting students to Hawai‘i’s wildlife and culture. Over the 

26 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 27 

April 2008

past 5 years, the partners have joined together to create Navigating Change, a project conceived by the 

Polynesian Voyaging Society and focused on raising awareness and ultimately motivating people to 

change their attitudes and behaviors to better care for our islands and ocean resources. A standards-based 

educational curriculum for fourth and fifth graders was released by the partnership in 2005, and more than 

15 workshops have been conducted on the main Hawaiian Islands to introduce the curriculum to local 

teachers. The major themes included within the curriculum could provide the stepping stones for future 

development of educational activities such as telepresence and distance learning projects. 

The target date for the first actual teacher workshop on Midway would be summer 2009. Agency 

planning began in 2007, and the members of a teacher focus group held a planning workshop in January 

2008. The 2009 teacher workshop and beyond will be conducted mainly by the focus group teachers with 

the Navigating Change Educational Partnership providing support. By 2012, a workshop will focus on 

designing upper grade level curriculum components as an extension of Navigating Change. 

Approximately 15 teachers could participate in each workshop. 

Objective 7 Beginning in 2009, facilitate at least two opportunities per year for accredited colleges, 

universities, or private/nonprofit environmental or historical organizations to conduct wildlife 

dependent or historical college level courses or administer informal educational camps. 

Strategy 7.1 During 2008, seek partners who may be interested in offering educational programs on 

Midway Atoll and set schedules for trial courses or camps in 2009. 

Strategy 7.2 By March 2009, Monument staff will develop, design, and offer a mandatory 1-day 

orientation that all guides and instructors must attend before hosting a class on Midway for the first time. 

Strategy 7.3 Assist with classes/camps on Midway, providing guidance to avoid impacts on wildlife 

resources and monitoring group activities. 

Strategy 7.4 By 2010, collaborate with universities to offer semester internship opportunities for students 

interested in biological studies. 

Strategy 7.5 By 2012, develop dormitory-style or other lower-cost housing, classrooms, and laboratories 

in support of longer-term classes on Midway. 

Strategy 7.6 Investigate opportunities to bring select middle and high school students to Midway for 

courses in atoll ecosystems by 2015. 

Discussion: Organizations have already shown their interest in using Midway for educational 

experiences, since it provides unparalleled wildlife dependent educational opportunities. Organizations 

will be held responsible for providing instructors and leading their participants. The Co-Trustees will 

provide guidance during the mandatory advance orientation. When possible, Monument staff can provide 

learning opportunities that engage participants in biological and historical projects such as habitat 

restoration or historic preservation. FWS staff will also monitor group activities to ensure Midway’s 

wildlife and historic resources are protected. 

The Co-Trustees support expanding environmental education opportunities to the extent feasible on 

Midway Atoll. Developing lower-cost housing and increasing classroom and laboratory space will 

facilitate these programs. An opportunity to study Midway’s unique natural resources could be the 

catalyst to inspire lifelong devotion to the field of science. 
Objective 8 Develop and implement new tools to bring the place to the students rather than the 

students to the place by 2010. 

Strategy 8.1 Install appropriate technologies to make distance learning possible from Midway Atoll by 

2009. 

Strategy 8.2 Initiate a distance learning program from Midway Atoll to bring the Monument to 

classrooms across the Nation by 2010. 

Discussion: FWS has long been interested in offering a distance learning program from Midway, but 

doing so from such a remote location is challenging. As technologies improve, the Co-Trustees will 

evaluate the possibility of establishing such a program that could bring the Northwestern Hawaiian 

Islands into Hawai‘i classrooms in particular, but also to other educational venues. In order to provide 

support for staff, researchers, and distance learning, NOAA is exploring opportunities to install highspeed satellite uplinks on Midway Atoll. 

4.7 Provide Quality Interpretation of Key Resources 

“We will communicate fish, wildlife, habitat, and other resource 

issues to visitors of all ages and abilities through effective 

interpretation. We will tailor core messages and delivery methods to 

provide interpretation to refuge visitors and present them in 

appropriate locations.” Fish and Wildlife Service Manual, 605 FW 1 

The rich natural and human history of Midway Atoll provides a unique opportunity to promote visitor 

understanding of and appreciation for America’s natural and historic resources. Interpretation provides 

opportunities for visitors to make their own connections to the resource so that a sense of stewardship and 

respect for these resources develops. To ensure our interpretive products remain focused, we develop 

interpretive themes that guide development of all interpretive products on the refuge. 

The primary interpretive themes for Midway Atoll are adapted from those of the Monument: 

• Encircled by the earth’s largest ocean, the small islands and coral reefs of the Northwestern Hawaiian 

Islands provide a scarce and safe haven for diverse native wildlife species to raise their young; to rest, 

grow, and play; and to survive into the future. 

• These remote atolls host a complex reef ecosystem dominated by apex predators and rich in species 

found nowhere else in the world. 

• Just as human actions can destroy wildlife and their habitat, people can restore island and reef 

ecosystems to benefit both wildlife and mankind through research, sound science, and special care. 

• Stories, ancient chants, and archaeological remnants connect ancient Polynesians to the Northwestern 

Hawaiian Islands not only geographically but also spiritually. 

• Throughout history, Midway has served as a vital outpost for humans as they explored their world, 

expanded their horizons, protected their boundaries, and sought peace in the world. 

• Brave young men – far from home and loved ones – risked their lives at Midway to defend America, 

and in doing so, turned the tide of war in the Pacific to ensure our freedom. 

These themes are designed to encompass the tremendous wildlife and historical treasury found at 

Midway. Through a variety of interpretive methods, these themes will be conveyed to our visitors. 

28 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 29 

April 2008

Goal 5. Enhance public understanding and appreciation and support for protection of the Monument’s 

natural, cultural, and historic resources. 

Goal 7. Identify, interpret, and protect Monument historic and cultural resources. 

Goal 8. Offer visitor opportunities at Midway Atoll to discover and appreciate the wildlife and beauty of 

the NWHI, enhance conservation, and honor its unique human history. 

Objective 9 By 2012, develop a Midway Atoll interpretive plan that will be incorporated into a 

Monumentwide interpretive plan addressing key interpretive sites and activities. 

Strategy 9.1 Develop detailed and site-specific descriptions of interpretive facilities, exhibits, signs, 

programs, trails, etc., that will meet the goals of the Monument, the interests and needs of Midway’s 

visitors, and the unique and meaningful features of the Monument’s natural and cultural resources. 

Discussion: A Midway-specific interpretive plan will guide the development of additional interpretive 

facilities, exhibits, etc. It will be based on the Monument’s interpretive themes and include information 

on project priorities, costs, staffing needs, and schedules. A conceptual-level interpretive plan was 

drafted in 2008, with more detailed, site-specific planning to follow. 

Objective 10 Continuously improve onsite interpretation and interpretive facilities to better educate 

visitors about the natural resources of Midway Atoll and the Northwestern Hawaiian Islands. 

Strategy 10.1 Offer wildlife-oriented guided tours to all visitors on at least a weekly basis. 

Strategy 10.2 Transition the wildlife-related visitor center into a Papahānaumokuākea Marine National 

Monument visitor center by September 2008, to provide an educational window to the Monument. 

Annually review the exhibits and update them as needed and as described in the Midway Atoll 

interpretive plan. 

Strategy 10.3 Provide additional opportunities for visitors to learn about ongoing management and 

research projects through field talks and evening programs. 

Strategy 10.4 Offer evening programs in the Midway theater, including slide talks, videos, and other 

presentations on the Monument’s natural and human history. 

Strategy 10.5 Support and monitor an expanded Friends of Midway Atoll National Wildlife Refuge gift 

store, ensuring merchandise offers accurate and educational messages. 

Discussion: The refuge interpreters will offer guided walks and bicycle/golf cart tours focused on natural 

history themes on at least a weekly basis. To ensure a quality experience, tour groups will be no larger 

than 25 people (except during cruise ship visits). Tour routes will vary depending on the physical ability 

of the participants, the weather, and wildlife use patterns. All visitors should have the opportunity to tour 

Sand Island. Dependent upon the weather and availability of transportation, visitors may also have the 

opportunity to have a guided tour of Eastern Island, which will combine both natural and historic resource 

features. Tours on Eastern Island generally walk from the boat pier to and along the historic World 

War II runways and Battle of Midway memorials. All beaches on Eastern Island are closed to visitors to 

protect Hawaiian monk seals and sea turtles, and tour routes will vary to accommodate wildlife needs. 
30 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

Self-discovery and exploration is a key component of the Midway experience. To enhance their 

experience, interpretive panels regarding Midway’s natural resources will be placed at a limited number 

of remote locations along existing trails on Sand Island, as identified in the Midway Atoll interpretive 

plan. These panels may include reminders of wildlife viewing etiquette, as appropriate. If a significant 

number of non-English-speaking visitors come to Midway, translated versions of these panels will be 

made available as handouts. 

The natural resource interpretive exhibits in the Midway visitor center will be reviewed for currency and 

updated as necessary, working in cooperation with the Co-Trustees. As the “window to the Monument,” 

the focus of the exhibits will be broadened to include the natural resources of the entire Monument. 

Researchers and biologists will be encouraged to offer field talks to describe their work and/or provide 

insights into the world of individual wildlife species. NOAA-Fisheries has expressed an interest in 

providing guided tours to view monk seals in an unobtrusive manner, and frequently researchers provide 

presentations or demonstrations to broaden knowledge of their activities. By better understanding the 

needs of each species for its survival, visitors will gain knowledge of how they can help protect these 

animals. 

Over the years, numerous films and documentaries about the Battle of Midway and other aspects of the 

atoll’s history and its wildlife have been produced. Sharing these with visitors in the historic Midway 

theater enhances their learning experience and enjoyment. 

Through the Friends of Midway Atoll National Wildlife Refuge, a gift store on Midway offers visitors the 

opportunity to purchase Midway Atoll-related items such as books, posters, postcards, coffee mugs, tee 

shirts, and note cards. Refuge staff will monitor sales items to ensure they accurately interpret refuge and 

Monument natural and historic resources. These items will also be available on the Friends website, 

broadening the distribution of these interpretive materials. 

Objective 11 By 2010, improve onsite interpretation and interpretive facilities to better educate 

visitors about the Battle of Midway National Memorial, Midway’s human history, and Native 

Hawaiian culture. 

Strategy 11.1 Offer a history-oriented guided tour to all visitors on at least a weekly basis. 

Strategy 11.2 Working with the Office of Hawaiian Affairs and the Native Hawaiian Cultural Working 

Group, add a Native Hawaiian cultural component to Midway’s orientation session, visitor center 

exhibits, and outreach materials. 

Strategy 11.3 Partner with NOAA to develop interpretive materials and displays for the temporary 

museum about the submerged historic sites (shipwrecks and aircraft) located within the Monument to 

enhance existing historic interpretation. 

Strategy 11.4 By December 2010, seek funding to restore a historic building to house a permanent 

museum/library to recognize and honor Midway’s – and the Northwestern Hawaiian Islands’ – 

distinguished history.. 

Strategy 11.5 By December 2012, complete restoration of a historic building to house the museum and 

develop and install the interpretive exhibits as identified in the Midway Atoll interpretive plan. 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 31 

April 2008

Strategy 11.6 Annually review, update, and/or replace exhibits within the museum to ensure they 

appropriately represent the Monument. 

Discussion: Much like the natural history tours, historic resource guided tours will be offered by refuge 

staff on at least a weekly basis. To ensure a quality experience, tour groups will be no larger than 

25 people (except during cruise ship visits). Depending upon the physical ability of the participants, the 

weather, the length of the tour route, and the potential impacts on wildlife, these tours may be on foot, by 

bicycle, or by golf cart. On Sand Island, the history tour will be separate from the wildlife-oriented tour; 

on Eastern Island, both topics will be covered in one visit. 

Sand Island’s historic structures are found in all corners of the island. A self-guided historic resource tour 

map with descriptive information was developed in 1996 and was updated in 2008 for current visitor use. 

Interpretive panels regarding several of Midway’s historic resources were produced in 2002. Because the 

regularly scheduled visitor program was no longer active, the panels were temporarily placed on portable 

stands for use only during cruise ship visits. Now that visitors are returning on a more regular basis to 

Midway, these panels have been mounted as originally planned at their designated sites to bring history to 

life along the self-guided tour. 

As the “window to the Monument,” interpretation at Midway will be broadened to include information 

about the Northwestern Hawaiian Islands’ importance in Native Hawaiian culture. All interpretive 

materials and presentations will be reviewed to ensure the islands’ cultural resources are appropriately 

represented. 

History-related exhibits are currently housed on the first floor in the airport hangar. Because that location 

is rarely visited by visitors and because the building is deteriorating, the exhibits are being moved to a 

new temporary location in the visitor center in 2008. The new site will be more readily accessible to 

visitors. 

In the longer term, one of the historic buildings – probably within the “Midway Mall” – will be restored 

to house a permanent museum/library. Detailed plans for this facility will be included in the Midway 

Atoll interpretive plan. In accordance with the Midway Atoll National Wildlife Refuge Historic 

Preservation Plan, FWS does not plan to acquire materials currently preserved in museums, archival 

institutions, and private collections to bring them to Midway’s harsh environmental conditions. It is more 

appropriate to acquire copies of such materials for Midway, allowing the originals to remain secured at 

existing facilities or in a repository in Hawai‘i. Interpretive exhibits will be developed to reflect all of 

Midway’s “eras,” from prerecorded history to discovery, to shipwrecks and the Commercial Pacific Cable 

Company days, the Pan American Flying Clipper period, the Battle of Midway, and on through the Cold 

War and Vietnam conflicts. Broader based exhibits about cultural and historic sites throughout the 

Northwestern Hawaiian Islands will also be developed in partnership with NOAA’s cultural resources 

program and the State of Hawai‘i. 

Objective 12 By 2010, develop at least two offsite exhibits and programs to educate the general 

public about the Northwestern Hawaiian Islands and Midway Atoll in particular. 

Strategy 12.1 In 2008, develop and install a visitor access exhibit in NOAA’s Mokupāpapa Discovery 

Center in Hilo, Hawai‘i, as part of the updating of the facility. 

Strategy 12.2 Working with the National Park Service and other key entities, develop offsite exhibits 

within the World War II in the Pacific Interpretive Concept that feature the historic Battle of Midway and 

Battle of Midway National Memorial. 
Strategy 12.3 Work with the other venues to incorporate information about Midway Atoll and the 

Northwestern Hawaiian Islands in their exhibits. 

Discussion: Since the number of visitors to Midway Atoll will always be relatively small, FWS will work 

with partner entities to provide information about the Northwestern Hawaiian Islands and Midway Atoll 

to a broader audience. The Mokupāpapa Discovery Center in Hilo, Hawai‘i, informs an average of 

60,000 visitors per year about the new Monument. As funding is available, FWS will work with NOAA 

to incorporate an exhibit about Midway Atoll and visitor opportunities. Additional opportunities, such as 

within the Northwestern Hawaiian Islands exhibit at the Waikiki Aquarium, will be sought in 2008 and 

beyond. 

While some exhibits will focus on natural history, FWS will also ensure appropriate attention is placed on 

the Battle of Midway in offsite interpretive efforts. In establishing the Battle of Midway National 

Memorial, FWS was charged with helping others keep knowledge of this important battle alive for future 

generations. In the near term, our first efforts will be at Pearl Harbor with its many World War II in the 

Pacific themed attractions. We will also seek partners to help place an exhibit in Washington, D.C. 

Objective 13 Work with and encourage qualified groups or individuals to develop specialized 

historical programs that honor the Battle of Midway. 

Strategy 13.1 Continue to seek new vendors who would be interested in bringing history-related groups 

to Midway. 

Discussion: FWS will explore opportunities to bring historical tours, either through commercial tour 

groups or veterans organizations, to Midway Atoll in recognition of its status as the Battle of Midway 

National Memorial. All such tours will be reviewed and approved through the Monument permitting 

process. 

4.8 Manage for Other Recreational Use Opportunities 

“We may allow other recreational uses that support or enhance one of 

the wildlife-dependent recreational uses or minimally conflict with 

any of the wildlife-dependent recreational uses when we determine 

they are both appropriate and compatible. We will allow uses that are 

either legally mandated or occur due to special circumstances.” 

Fish and Wildlife Service Manual, 605 FW 1 

Objective 14 Allow residents and visitors to engage in other recreational uses on Midway that have 

been determined to be compatible.

Strategy 14.1 Allow residents and visitors to ride bicycles and jog for exercise on existing roads. 

Strategy 14.2 Allow residents and visitors to play tennis and volleyball at designated facilities. 

Strategy 14.3 Allow beach uses such as swimming and sunbathing for visitors and residents. 

Strategy 14.4 Allow amateur radio use from Midway Atoll in accordance with stipulations that make the 

use compatible. 

32 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 
Discussion: The refuge manager has determined that several forms of nonwildlife-dependent recreation 

are compatible with the Refuge System mission and the refuge purposes, and therefore Monument 

permits may include special conditions to allow them. These activities will take place only during 

daylight hours on Sand Island, and most are within developed areas. Bicycling and jogging will be 

restricted to hard surface roads, including along the edges of the runway, or along the cart path of the 

West Beach trail. Volleyball will only be allowed in the designated court area adjacent to the Captain 

Brooks facility. The tennis court is located outside the airport hangar building. 

Swimming and sunbathing may only occur on the open public beach along the northern shore of Sand 

Island during daylight hours (from one-half hour after sunrise to one-half hour before sunset) for visitor 

safety. Use of the “buddy system” will be required. During the mandatory orientation session, visitors 

will be advised of appropriate behavior if a monk seal or sea turtle approaches them in the water. 

Because of potential bird strikes on amateur radio antennae, limitations will be placed on this use. FWS 

will work with amateur radio enthusiasts to implement a compatible program, as long as it does not 

displace wildlife-dependent visitors wanting to visit Midway Atoll. Placement of the outdoor antennae 

must be approved by the refuge manager. 

4.9 Communicate Key Issues with Off-Site Audiences 

“Effective outreach depends on open and continuing communication 

and collaboration between the refuge and its many publics. Effective 

outreach involves determining and understanding the issues, 

identifying audiences, listening to stakeholders, crafting messages, 

selecting the most effective delivery techniques, and evaluating 

effectiveness. If conducted successfully, the results we achieve will 

further refuge purpose(s) and the Refuge System mission.” 

Fish and Wildlife Service Manual, 605 FW 1 

Goal 5. Enhance public understanding and appreciation and support for protection of the Monument’s 

natural, cultural, and historic resources. 

Goal 7. Identify, interpret, and protect Monument historic and cultural resources. 

Objective 15 On a continuing basis, maintain outreach efforts to Midway’s diverse audiences to 

update them on the visitor program and wildlife-oriented news stories. 

Strategy 15.1 On a continuing basis, update the Monument and refuge websites with current information 

about the visitor program and wildlife viewing opportunities. 

Strategy 15.2 On an as-needed basis, issue news releases and write articles for publication in newsletters, 

magazines, or other periodicals to keep key publics informed about the visitor program on Midway Atoll 

and wildlife issues throughout the Monument. 

Strategy 15.3 Continue to support reporters and documentary filmmakers in developing appropriate 

articles and films/television productions about the wildlife and history of Midway Atoll. 

Discussion: Midway Atoll, the Battle of Midway National Memorial, and the new Monument have been 

highly visible in the public eye for some time. The atoll has a broad following by government officials, 

Members of Congress, veterans’ organizations, environmental organizations, media, former residents, 

Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 33 

April 2008
34 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

past and potential visitors, World War II historians, and others who can be defined as “key publics.” 

Rather than being “local community” members, Midway’s supporters are spread across the Nation and 

around the world. 

As individual issues arise regarding Midway, refuge staff on Midway and in Honolulu will work together 

with their counterparts in the Monument to reach out to our publics with timely and accurate information. 

The Midway Atoll website (http://www.fws.gov/midway) and Monument website will be continuously 

updated with news of Midway’s wildlife, ongoing visitor activities, Battle of Midway-related events, and 

other Monument-related topics. News releases will be issued to the media as appropriate, and 

information or articles for periodicals will be provided as requested. 

Documentary filmmakers and videographers will be accommodated to the extent possible under 

Monument permits so that we can reach the broadest audiences. Staffing levels may limit the number of 

filmmakers that can be accommodated. 

Objective 16 By March 2009, evaluate the effectiveness of the visitor program marketing effort. 

Strategy 16.1 Assess the need to contract with a marketing firm to promote the visitor program. 

Discussion: Although FWS will promote the visitor program at Midway to the best of its ability, the 

specialized skills of a marketing company may be needed to develop sufficient demand to make the 

program financially self-sustaining. If the evaluation indicates additional work is needed, FWS would 

work closely with the marketing firm to ensure appropriate and accurate information is distributed to 

target audiences. 

Objective 17 Working with partners, offer special events and programs on Midway and at other 

offsite locations that honor its history and natural resources. 

Strategy 17.1 Annually commemorate the anniversary of the Battle of Midway from June 4-6. 

Strategy 17.2 Celebrate other Monument-focused special events such as Maritime Heritage Week, 

International Migratory Bird Day, and the International Year of the Reef. 

Strategy 17.3 Work with outside entities to sponsor history-related programs and events on Midway. 

Strategy 17.4 Seek other venues and opportunities to participate in special events that connect to 

Midway’s history. 

Discussion: Occasionally, special events will be offered at Midway, particularly in relation to its status as 

the Battle of Midway National Memorial. As staffing allows, we will also participate in other offsite 

events to bring the history of Midway to larger numbers of people. 

FWS continues to believe the historic aspects of Midway Atoll are an important draw for visitors. In 

addition to organizations such as the International Midway Memorial Foundation, which is dedicated to 

honoring and preserving the memory and values of the Battle of Midway, many individuals who were 

stationed on Midway during the Cold War era have expressed an interest in returning to the atoll with 

their families. 

Other internationally recognized designations such as the International Year of the Reef should also be 

celebrated on Midway Atoll. 
4.10 Build Volunteer Programs and Partnerships with Midway Atoll Support Groups 

“Volunteer and Friends organizations fortify refuge staffs with their 

gifts of time, skills, and energy. They are integral to the future of the 

Refuge System. Where appropriate, refuge staff will initiate and 

nurture relationships with volunteers and Friends organizations and 

will continually support, monitor, and evaluate these groups with the 

goal of fortifying important refuge activities. The National Wildlife 

Refuge System Volunteer and Community Partnership Enhancement 

Act of 1998 strengthens the Refuge System’s role in developing 

effective partnerships with various community groups. Whether 

through volunteers, Friends organizations, or other important 

partnerships in the community, refuge personnel will seek to make 

the refuge an active community member, giving rise to a stronger 

Refuge System.” 

Fish and Wildlife Service Manual, 605 FW 1 

Goal 1. Protect, preserve, maintain, and where appropriate restore the natural biological communities 

and their associated biodiversity, habitats, populations, native species, and ecological processes. 

Goal 4. Provide for cooperative conservation, including community involvement, that achieves effective 

Monument operations and ecosystem-based management. 

Goal 5. Enhance public understanding and appreciation and support for protection of the Monument’s 

natural, cultural, and historic resources. 

Goal 7. Identify, interpret, and protect Monument historic and cultural resources. 

Goal 8. Offer visitor opportunities at Midway Atoll to discover and appreciate the wildlife and beauty of 

the NWHI, enhance conservation, and honor its unique human history. 

Objective 18 Incorporate at least 75 percent of visitors staying 3 days or longer into the volunteer 

program for habitat restoration. 

Strategy 18.1 Plan weekly invasive plant pulling parties to involve visitors in invasive weed control. 

Strategy 18.2 Provide trash bags for visitors to take with them as they walk along the open beach so they 

can collect marine debris as they find it. 

Strategy 18.3 Schedule monthly beach cleanups to pick up marine debris on closed beaches where 

Monument staff have determined no monk seals or sea turtles are resting. 

Discussion: Hand pulling of weeds is labor intensive, but it is also an effective tool in the continuing 

battle against invasive plant species. On most areas of Midway Atoll, the sandy substrate makes weed 

pulling relatively easy. Many visitors want to “give something back” to the wildlife during their time on 

the atoll, and this activity will help restore acres of habitat for nesting seabirds. 

Beach cleanups are also a valuable tool, not only to protect wildlife species but also to educate visitors 

about the marine debris problem. By involving them in cleanup efforts, they are more likely to seek 

Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 35 

April 2008
36 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

solutions and educate others about the problem. Refuge or other designated biologists would first ensure 

no resting monk seals or sea turtles are present in the stretch of beach to be cleaned. Areas to be cleaned 

would be rotated around the islands from one month to the next so that all beaches would be cleaned 

twice a year, if possible. 

Objective 19 Provide 25 percent of visitors staying 3 days or longer opportunities to assist with 

wildlife population monitoring as volunteers. 

Strategy 19.1 As refuge staff or long-term biological volunteers are available, offer interested visitors the 

opportunity to assist with seabird monitoring and banding activities. 

Strategy 19.2 As refuge staff, U.S. Geological Survey-Biological Resources Discipline staff, or long-term 

biological volunteers are available, allow interested visitors the opportunity to assist with Laysan duck 

monitoring activities. 

Discussion: Much like the habitat restoration work above, visitors gain a better appreciation for wildlife 

and their needs with direct involvement in a monitoring program. All such work would be under the 

direct supervision of a trained biologist to prevent impacts on the animals. This program will be limited 

in size and nature, and will be continually monitored by the refuge biologist and refuge manager to ensure 

it is useful to both the wildlife populations and the visitor. 

Objective 20 Seek long-term well qualified volunteers to assist Monument staff with the operation 

of the visitor services program. 

Discussion: As a complement to Midway Atoll’s ongoing biological volunteer program, we will offer 

opportunities for qualified volunteers to assist with interpretive programs on Midway. Monument staff 

will explore the possibility of offering an intern program for college students or other similarly trained 

volunteers. 

Objective 21 Seek grant funds to bring at least two groups of volunteers to Midway each year to 

work on historic restoration projects under the guidance of FWS’ cultural resources staff and/or 

historic preservation specialists. 

Strategy 21.1 Beginning in 2008, apply for a Save America’s Treasures (SAT) grant for historic 

rehabilitation work on Midway Atoll. 

Discussion: The SAT grant requires a 50/50 match, which FWS can accrue through volunteer service, 

direct contributions, or material donations. FWS received a SAT grant in 1999 that included termite 

control work, theater building window restoration, a condition assessment report for the interior of the 

theater and the Commercial Pacific Cable Company Station, reroofing of one cable building, restoration 

of an ARMCO hut, and collection of oral histories and memorabilia. A similar program could be 

reinitiated in the future. 

Objective 22 Provide at least 15 percent of visitors staying 3 days or longer opportunities to assist 

with historic preservation tasks and activities. 

Strategy 22.1 Much like the habitat restoration projects, volunteers will be offered opportunities to help 

accomplish historic preservation tasks that require few technical skills. 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 37 

April 2008

Discussion: FWS’ Cultural Resources Team or Historic Preservation Specialist will update the list yearly 

or as needed to meet the refuge staff recommendations. Volunteers could greatly facilitate the 

maintenance of historic resources and give the public a greater appreciation and involvement with historic 

preservation. 

4.11 Refuge Law Enforcement 

A refuge law enforcement officer is present on Midway Atoll, and a law enforcement zone officer in 

Honolulu and other refuge officers in Hawai‘i provide support on an as-needed basis. For large events, 

the zone officer assembles a group of officers from refuges throughout the Pacific Region to provide law 

enforcement. Midway’s refuge officer will also assist with law enforcement issues for the Monument. 

4.12 Concession Operations 

Because this is a small-scale program that is just reopening, the Midway Atoll visitor program will be 

operated by existing Monument staff in its early years. The program evaluation required in 2009 and 

biennially thereafter will allow further assessment of whether the program should be operated by a 

concessionaire. Developing a solicitation for a concessionaire, seeking proposals, and evaluating them 

can take up to a year to complete. 

The one exception to this could be a snorkeling/SCUBA diving concession, which was briefly discussed 

above in the wildlife observation standard. If interest is expressed in such a program, FWS and its CoTrustees will evaluate the feasibility of a diving concession at Midway in 2009 or beyond. 

4.13 Fee Programs 

Midway Atoll National Wildlife Refuge has charged access fees for its visitor program since 1997, when 

it received approval under the Recreation Fee Demonstration Program. That program has now been 

renamed the Recreation Fee Program, established through the Federal Lands Recreation Enhancement 

Act of 2004 (Public Law 108-447). Almost all of the original fee program sites transitioned into the new 

program. The entrance fee for Midway Atoll National Wildlife Refuge is $5.00 per person per day. 

With no additional FWS funding available to support a visitor program, the refuge has been charged by 

FWS with developing a visitor program that is financially self-sustaining. To help us meet this goal, 

Congress has also given the refuge receipts authority, which allows the refuge to keep reasonable fees 

collected for services provided at Midway Atoll. These fees will be used to offset costs of implementing 

the visitor services program. 

The following fee schedule reflects actual costs for visiting Midway. The entrance fee is collected under 

the authority of the Federal Lands Recreation Enhancement Act. Lodging and meal fees cover additional 

hotel and food services staffing, hotel supplies, and food costs. The visitor fee is collected under 

Midway’s receipt authority and contributes toward the cost of additional refuge staffing or extended onisland volunteers needed to work with visitors, as well as enhancing visitor facilities. The on-island 

transportation rental fees will enable repair and replacement of these items as necessary. Boating fees 

cover vessel maintenance and fuel costs. Round-trip airfare is based on the actual cost of the current 

flight, divided by the number of passengers that can be accommodated on the aircraft. If that cost can be 

reduced in the future, the airfare will be reduced accordingly. 
38 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

Table 4.13.1 Visitor Program Fee Schedule 

Description Fee 

Entrance fee $5 per day 

Round trip airfare $2,000 per person 

Lodging $125 per night 

Meals $45 per day 

Visitor fee $55 per day 

Bicycle rental (optional) $5 per day 

Golf cart rental (optional) $25 per day 

Snorkel rental (optional) $25 per week 

Boat fees (for Eastern Island or snorkeling trips) $20 per half day 

In the Midway Atoll National Wildlife Refuge Visitor Program Market Analysis and Feasibility Study, 

Pandion Systems surveyed similar tourism providers to ascertain a typical cost range. Excluding 

transportation costs, typical costs ranged from $200 to $400 per day. Thus the Midway fees above are 

considered reasonable for the experience offered. 

FWS recognizes the extremely high airfare costs associated with our current charter aircraft. We will 

continue to seek a more cost-efficient means of transportation for our visitors. 

4.14 Permitting 

General Permit Requirements 

As part of the newly established Monument, activities within the Midway Atoll Special Management 

Area will be managed differently than at other national wildlife refuges. Typically, and with few 

exceptions, lands and waters within the Refuge System, including Midway Atoll National Wildlife 

Refuge, are closed to all public access and use unless FWS has specifically opened the use or use program 

on that refuge. The process of opening a refuge includes planning, appropriateness review and 

compatibility determinations, public review and comment, and NEPA compliance. Some uses, such as 

sport fishing or hunting, may also require the adoption of refuge-specific regulations under the 

Administrative Procedure Act involving public comment and publication in the Federal Register. 

Throughout the Refuge System, this process is used to open a refuge for general access, a particular use, 

or suite of uses. The refuge manager may also require a special use permit for specialized uses. 

However, Proclamation 8031 alters the regulatory regime under which the Midway Atoll National 

Wildlife Refuge is operated as part of the Monument. The Proclamation established new requirements 

and methods of management throughout the Northwestern Hawaiian Islands. By overlaying the Midway 

Atoll and Hawaiian Islands National Wildlife Refuges, the Northwestern Hawaiian Islands Coral Reef 

Ecosystem Reserve, and State of Hawai‘i Kure Atoll Wildlife Sanctuary and marine refuge with the 

Monument, the Proclamation created a mechanism to ensure the Co-Trustees provide consistent, unified 

management while meeting their respective obligations under other applicable statutes and regulations. 

Specifically, Midway Atoll National Wildlife Refuge is a location where the FWS conducts compatibility 

determinations in consultation with the Co-Trustees to aid the Secretaries of the Interior and Commerce, 

in their discretion, to issue a co-signed Monument permit in one of six permit categories described in the 

Proclamation, provided the Secretaries find the activity: 

(i) is research designed to further understanding of Monument resources and qualities; (ii) will 

further the educational value of the Monument; (iii) will assist in the conservation and management 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 39 

April 2008

 

of the Monument; (iv) will allow Native Hawaiian practices; (v) will allow a special ocean use; or 

(vi) will allow recreational activities. 

Furthermore, the Secretaries may not issue any permit unless they find: 

• the activity can be conducted with adequate safeguards for the resources and ecological integrity 

of the Monument; 

• the activity will be conducted in a manner compatible2

 with the management direction of this 

proclamation, considering the extent to which the conduct of the activity may diminish or 

enhance Monument resources, qualities, and ecological integrity, and indirect, secondary, or 

cumulative effects of the activity, and the duration of such effects; 

• there is no practicable alternative to conducting the activity within the Monument; 

• the end value of the activity outweighs its adverse impacts on Monument resources, qualities, and 

ecological integrity; 

• the duration of the activity is no longer than necessary to achieve its stated purpose; 

• the applicant is qualified to conduct and complete the activity and mitigate any potential impacts 

resulting from its conduct; 

• the applicant has adequate financial resources available to conduct and complete the activity and 

mitigate any potential impacts resulting from its conduct; 

• the methods and procedures proposed by the applicant are appropriate to achieve the proposed 

activity’s goals in relation to their impacts to Monument resources, qualities, and ecological 

integrity; 

• the applicant’s vessel has been outfitted with a mobile transceiver unit approved by NOAA Office 

of Law Enforcement and complies with the requirements of this proclamation; and 

• there are no other factors that would make the issuance of a permit for the activity inappropriate3

. 

The six categories of Monument permits are: 

1. Conservation and Management; 

2. Native Hawaiian Practices; 

3. Research; 

4. Education; 

5. Recreation; and 

6. Special Ocean Use. 

Permits for Visitor Services at Midway Atoll 

Permit applications for visitor services at Midway Atoll will be considered using the findings required by 

Proclamation 8031 as described above. As discussed in sections 4.5-4.10, 4.12, and 4.13, the plan 

anticipates recreational, ecotourism, volunteer, and educational activities, which would require Monument 

permits in the recreation, special ocean use, conservation and management, or education categories. 

Additional Requirements for Individual Recreational Uses 

Recreational uses conducted by individuals at Midway Atoll, such as snorkeling from the cargo pier, must 

also comply with additional requirements. For the purposes of this chapter, the Monument recreation 

2

 Note the use of this word is not necessarily consistent with the same terminology from the Administration Act and 

FWS policy and regulations promulgated thereunder. 

3

 Note the use of this word is not necessarily consistent with the same terminology from the Administration Act and 

FWS policy and regulations promulgated thereunder 
40 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

 

permit requirement applies to recreational visitors and transients within the Midway Atoll Special 

Management Area. The Secretaries may not issue a recreation permit unless they find: 

• the activity is for the purpose of recreation when defined as “an activity conducted for personal 

enjoyment that does not result in the extraction of Monument resources and that does not involve 

a fee-for-service transaction” 

• the activity is not associated with any for-hire operation; and 

• the activity does not involve any extractive use. 

Additional Requirements for Special Ocean Uses 

Enterprises offering recreational use opportunities at Midway Atoll that generate revenue or profits for 

one or more of the persons associated with the activity or use (e.g., ecotourism, cruise ship companies, 

filmmakers, and potentially some education and research activities) must comply with not only the special 

ocean use permit requirements from the Proclamation, but also two additional requirements: 

• the Secretaries find the activity furthers the conservation and management of the Monument; and 

• the refuge manager has found the use compatible with the purposes for which Midway Atoll 

National Wildlife Refuge was designated. 

For the purposes of this chapter, a FWS special use permit as described in the Administration Act or 

regulation or associated policy at the Midway Atoll National Wildlife Refuge would instead be issued as a 

Monument special ocean use permit. 

Permits for Recreational4

 Uses within Midway Atoll Special Management Area 

The permitting regime for the visitor services program for compatible wildlife-dependent recreational 

uses within the Midway Atoll Special Management Area will be as follows. This plan makes a 

distinction between visitors (those who visit Midway Atoll specifically to participate in some form of 

recreational, historical, or memorial-related activity covered under this plan) and transients (those who 

visit Midway Atoll to conduct work or other permitted activities but wish to recreate in their off-duty 

hours) and island residents. Island residents include FWS staff (employees and volunteers), NOAA staff, 

and various resident contractors living on Midway Atoll. Island residents’ participation in recreational 

activities is part of the FWS morale, welfare, and recreation program. As such, it is covered under the 

FWS conservation and management Monument permit and is not discussed further in this plan. However, 

all morale, welfare, and recreation activities must adhere to all other requirements and stipulations; it is 

only in the form of permitting that these activities may differ. 

This visitor services plan and its associated findings of appropriateness, compatibility determinations, and 

environmental assessment5

 evaluate broad categories of recreational uses that will generally be allowed or 

prohibited. Visitors and transients who desire to participate in any one of the uses approved within this 

plan may apply for a Monument permit. However, in order to be user-friendly and minimize paperwork, 

these individuals will be provided a Monument permit application as part of their registration forms 

instead of using the unified application process in advance. This paper form will fulfill the needs of the 

unified Monument permit application without placing an undue burden on the individuals or the 

Monument staff who must review them. Monument recreation permits are free under this visitor services 

4

 “Recreational” is used here as defined in the National Wildlife Refuge System Administration Act of 1966, as 

amended. 

5

 The FONSI signed on May 23, 2007, for the Interim Visitor Services Plan addressed most of these activities. 

Increased visitation is addressed in the Monument Management Plan Environmental Assessment, found in 

Volume II of the Plan. 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 41 

April 2008

plan, and valid for the remainder of the existing Federal fiscal year (October 1 – September 30 of the 

following calendar year). 

The Midway Atoll National Wildlife Refuge manager is responsible for summarizing all individual 

Monument permits issued as described above during a fiscal year for the FWS annual public use report 

and the Monument permit tracking system. 

The minimum information to be collected includes the full name and signature of applicant, home address 

and telephone number, types of approved uses in which permission is sought to engage, date(s) of 

participation, approximate time spent in each activity, etc. 

Enterprises who wish to offer fee-for-service visitor opportunities in accordance with this plan must apply 

for a Monument special ocean use permit using the unified Monument permit application. These 

Monument special ocean use permits include permission “to transit the Monument as necessary to enter 

the Midway Atoll Special Management Area” and will be issued in accordance with all Proclamation 

special ocean use findings, criteria, and requirements, such as being valid for no more than 5 years, 

requiring the provider to carry insurance or a bond, etc. These permits will carry a variable fee based on 

recovering the government’s cost in reviewing, issuing, and monitoring the permit under this visitor 

services plan. These permits may also include a per passenger fee, profit-sharing agreements, or use of 

government facilities. 

Nothing in this plan is intended to limit the ability of the Co-Trustees to actively seek for-profit 

enterprises to enter into concession agreements or other legal relationships to provide specific for-fee 

services that help achieve refuge and Monument purposes or goals and this plan. 

Emergency Provisions 

In addition to Proclamation 8031’s exemption to prohibitions for emergencies and law enforcement 

activities (“The prohibitions required by this proclamation shall not apply to activities necessary to 

respond to emergencies threatening life, property, or the environment, or to activities necessary for law 

enforcement purposes”), the Administration Act contains similar provisions which apply only to the 

national wildlife refuge portions of the Monument. These provisions are: 

• Notwithstanding any other provision of this Act, the Secretary [of the Interior] may temporarily 

suspend, allow, or initiate any activity in a refuge in the [National Wildlife Refuge] System if the 

Secretary [of the Interior] determines it is necessary to protect the health and safety of the public 

or any fish or wildlife population. 

• These provisions include, but are not limited to, compatibility and permitting requirements. 

Recreational uses previously found to be appropriate and compatible may be suspended for the 

protection of human health, life, or safety; property; general environment; or fish or wildlife 

population. 

The refuge manager’s execution of these provisions should be conducted in consultation with the 

Monument Co-Trustees in advance when practicable, or as quickly as practicable once the immediate 

emergency or threat has passed. 

4.15 Cooperating Association/Friends Groups 

Midway Atoll National Wildlife Refuge is fortunate to have a dedicated support group in the form of the 

Friends of Midway Atoll National Wildlife Refuge. This nonprofit group was formed in 1999 and 

currently has more than 200 members from across the Nation. The Friends group was formed to: 
42 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

• support Midway Atoll National Wildlife Refuge in its efforts to preserve, protect, and restore the 

biological diversity and historical resources of Midway Atoll, while providing opportunity for 

wildlife-dependent recreation, education, and scientific research. 

• make available interpretive and educational books and pamphlets primarily through retail book 

sales outlets and free distribution to add to the visitor’s understanding of the refuge’s 

management problems and programs, the natural and historic resources of the area, the Refuge 

System, and FWS. 

• contribute funds, goods, and services for FWS interpretation, recreation, and educational 

programs. Interpretive, recreational, and educational facilities may also be constructed, 

rehabilitated, or maintained with the use of Friends donations. 

The Friends of Midway Atoll operate a gift store on Midway, making such refuge or Monument-related 

items as books, posters, postcards, coffee mugs, tee shirts, and note cards available to visitors and 

residents. Donations from the Friends group are used to improve, maintain, and update Midway Atoll’s 

interpretive, educational, recreational, or biological programs or facilities. In the past, the Friends have 

purchased bicycles for the refuge and financially supported the annual albatross count by volunteers. 

They sought grants to fund invasive species control work by volunteers that began in December 2006. 
Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 43 

April 2008

Chapter 5 Implementing the Plan 

5.1 Proposed Staffing 

Current FWS staffing at Midway Atoll includes a refuge manager, deputy refuge manager, wildlife 

biologist, park ranger (law enforcement), park ranger (interpretive), equipment operator, and 

administrative officer (stationed in Honolulu). With the very limited visitor program currently operating 

at Midway Atoll, this staff has been able to provide visitor services outlined in this plan. When cruise 

ships are scheduled to stop at Midway, the cruise ship company covers the cost of bringing additional 

visitor services staff to the atoll from the main Hawaiian Islands. 

This plan includes activities that can be implemented with funded staff, but longer term development of 

the visitor program will require additional staff. These could include a supervisory visitor services 

manager and additional refuge interpretive rangers. Long-term qualified volunteers may also assist with 

staffing. In addition, our operations contractor will need to hire additional staff to support the visitor 

program. These positions will be phased in over the next 5 years as the program is implemented. 

Staffing may also be augmented by other Monument staff from NOAA or the State of Hawai‘i should 

those resources become available. 

5.2 Table of Projects 

The table below summarizes the various strategies and projects outlined in this visitor services plan. 

Implementation of these projects is dependent upon the availability of funding. 

Table 5.2.1 Summary of Strategies/Projects 

Strategy Project Target Date 

21.1 Apply for Save America’s Treasures grant 04/30/2008 

10.2 Update wildlife-related visitor center exhibits 09/30/2008 

1.1 Hire a Visitor Services Manager 09/30/2008 

12.1 Develop and install exhibit at Mokupapapa Discovery Center 12/31/2008 

1.3 Seek larger capacity aircraft to service Midway Atoll on a regular basis 12/31/2008 

1.1 Hire second Refuge Ranger (Interpretation) 01/31/2009 

3.7 Complete evaluation of visitor program and make recommendations 

for improvements 

03/31/2009 

16.1 Assess need to seek marketing expertise 03/31/2009 

6.1 Implement standards-based teacher workshop on Midway 07/31/2009 

7.3 Implement wildlife-dependent college educational classes or 

educational camps 

12/31/2009 

4.2 Acquire new vessels to support visitor services program 10/31/2010 

12.2 Develop Battle of Midway National Memorial interpretive exhibit in 

Pearl Harbor Historic District 

12/31/2010 

4.1 Work with NOAA to reestablish a dive program for visitors 05/31/2011 

9.1 Complete Midway Atoll interpretive plan 12/31/2012 

3.5 Develop and install interpretive exhibits in accordance with 

interpretive plan 

05/31/2015 

1.2 and 7.5 Establish additional housing opportunities for individuals and groups Dependent upon 

the availability 

of funding 

8.2 Initiate a distance learning program from Midway Atoll Dependent upon 

availability of 

funding 
44 Draft Visitor Services Plan, Midway Atoll National Wildlife Refuge 

April 2008 

Strategy Project Target Date 

11.4 Restore historic building to house Midway Atoll museum Dependent upon 

availability of 

funding 

4.3 Establish remote viewing cameras on sensitive species Dependent upon 

availability of 

funding 

5.3 Partnership Funding and Resources 

Midway Atoll has several partnering opportunities with other government entities. Henderson Field, 

Sand Island’s airport, is operated in partnership with the Department of Transportation’s Federal Aviation 

Administration (FAA). Significant funding has been provided by FAA to not only operate the facility but 

to upgrade its facilities to meet their Part 139 standards. In addition to serving Midway Atoll needs, the 

airfield is operated as an emergency landing site for twin-engine aircraft flying across the Pacific Ocean. 

As part of the Monument, the refuge also partners with NOAA’s National Marine Sanctuary Program, 

which shares jurisdiction for the Monument with FWS. We are also committed to working with the State 

of Hawai‘i on Monument programs and issues. Opportunities to share resources and projects with these 

entities will bring enhanced efficiencies and effectiveness to all of our work in the Northwestern 

Hawaiian Islands. 

NOAA’s National Marine Fisheries Service also monitors Hawaiian monk seals on Midway. It also 

established a monk seal “captive care and release” program on Midway to enhance survivability rates for 

female monk seal pups as a cooperative conservation effort between NOAA, FWS, and nongovernmental 

organizations. 

NOAA’s Office of Law Enforcement provides significant support by enforcing Monument regulations, 

including at Midway Atoll. 

Another Department of the Interior agency, the U.S. Geological Survey, worked with refuge staff to bring 

the endangered Laysan duck to Midway, establishing only the second wild population of the species in 

the world. The National Park Service has provided funding for historic preservation on Midway through 

the “Save America’s Treasures” program and has also provided interpreters to assist with guided tours 

when large groups visit Midway. 

Together, FWS and its Co-Trustees coordinate with the U.S. Coast Guard as they exercise their law 

enforcement, search and rescue, and medical evacuation responsibilities in the central Pacific. The Coast 

Guard is working with FWS to store aircraft fuel on Midway for mission-related use, and occasionally 

crews will stay on Midway during extended operations. 

The Monument Co-Trustees also partner with universities to conduct research on Midway that will lead to 

better management of its resources and with documentary filmmakers and photographers who broaden 

public knowledge of Midway’s wildlife and historic resources. 

Other valued partners include our dedicated refuge volunteers, who generally give 3 months or more of 

their time working on Midway, and the Friends of Midway Atoll, our refuge support group. 

Midway Atoll National Wildlife Refuge 

Box 50167

Honolulu, Hawaii 96850

808/792 9530

http://www.fws.gov/midway

April 2008
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Volume III: Appendices – Supporting Documents and References 

APPENDIX D: 

FWS Compatibility Determinations 

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April 2008 D-1 Appendix D: Compatibility Determinations 

Compatibility Determination

Use: Wildlife Observation and Photography 

Refuge Name: Hawaiian Islands National Wildlife Refuge (NWR), Papahānaumokuākea 

Marine National Monument 

City/County and State: City and County of Honolulu, State of Hawai‘i 

Establishing and Acquisition Authority(ies):

The Hawaiian Islands Reservation was established by President Theodore Roosevelt through Executive 

Order (EO) 1019, dated February 3, 1909. 

In 1940, President Franklin D. Roosevelt signed Presidential Proclamation (PP) 2416, which changed the 

name of the Reservation to the Hawaiian Islands NWR, but did not add to or otherwise modify the 

Reservation’s purposes. 

 

On June 15, 2006, President Bush signed PP 8031 making the Hawaiian Islands NWR part of a 

monument that became the Papahānaumokuākea Marine National Monument (Monument) on March 6, 

2007 (PP 8112). 

Refuge Purpose(s):

The purpose of the Hawaiian Islands Reservation is “...as a preserve and breeding ground for native 

birds...” (EO 1019). 

The Monument covers a much larger area than the Refuge, but also includes the Refuge. The 

Monument’s establishing purpose is “...protecting the objects described above (coral, fish, birds, marine 

mammals, and other flora and fauna), all lands and interest in lands owned or controlled by the 

Government of the United States...” (PP 8031). 

Wilderness Management Objectives: 

Portions of the Hawaiian Islands NWR were proposed for designation as wilderness under the Wilderness 

Act of 1964. Per FWS policy and Department of the Interior regulation, proposed wilderness is managed 

to preserve its wilderness character until such time as Congress takes action on the proposal and managed 

according to wilderness management objectives found in 6 Refuge Manual 8.3: 

1. To manage the land to accomplish refuge purposes in such a way so as to preserve the wilderness 

resource for future benefit and enjoyment of the public; and 

2. To provide opportunities for education, research, solitude, and recreation where these activities 

are compatible with refuge purposes. 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee). 
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Description of Use(s): 

The 1997 amendments to the National Wildlife Refuge System Administration Act of 1966 defined 

wildlife observation and photography as wildlife-dependent public uses. In that Act, the U.S. Congress 

charged that such uses be given special consideration in planning for and management of the National 

Wildlife Refuge System. When determined compatible on a refuge-specific basis, these uses are priority 

general public uses of that national wildlife refuge. National wildlife refuges are to seek opportunities to 

allow these uses in an appropriate and compatible manner. 

The Hawaiian Islands NWR is not currently open to general public access, thus there would be few 

instances of public wildlife observation and photography. This purpose of this compatibility 

determination (CD) is to cover all individuals who come to the Refuge through a variety of means and 

would like to observe and photograph wildlife for personal enjoyment but are not covered under another 

CD. This could include but is not is limited to official guests or visiting government employees or 

contractors, dignitaries, sail boat crews, and teachers. Through this process we ensure the legality of this 

activity and protect the resources involved. On occasion, dignitaries or other special guests accompany 

U.S. Fish and Wildlife Service (FWS) employees performing their official duties. Additionally, other 

agency personnel with or without guests may be working on the Refuge. As such, these members of the 

general public and other agencies would be “incidentally” observing and photographing wildlife and other 

Refuge natural and cultural resources for noncommercial purposes. 

Following are examples of this type of use. A congressional staffer may need to make a fact finding trip 

to one of the islands to determine the current state of and need for additional facilities. Due to the remote 

nature and the limited travel options, they would probably accompany a FWS employee performing 

his/her official duties. During this visit, they would observe and photograph wildlife. In a different 

instance, another agency staff member may travel to the Refuge for official government work and take 

pictures and view Monument resources. Periodically, the National Oceanic and Atmospheric 

Administration (NOAA) would transport teachers as part of the “Teacher at Sea Program” to the Refuge, 

where they could view and photograph wildlife. This program and the experience enables teachers to 

gain a firsthand experience of the national and cultural wonders of the Refuge and Monument and share it 

with their students back in the classroom. Most, but perhaps not all, of this particular activity would be 

covered under the Environmental Education and Interpretation CD. 

Presently the Refuge has approximately 200 each year participating in this use, primarily researchers and 

crew on NOAA vessels. The FWS expects this number to triple over the next 15 years as research and 

management actions in the Monument increase. 

These types of activities could occur on or around any of the islands within the Refuge but would be 

subject to all Refuge-specific conditions that restrict locations, times, number of visitors, etc. (see the 

Stipulations Necessary to Ensure Compatibility section). Some islands (e.g., Pearl and Hermes Atoll, 

Maro Reef, Lisianski Island) seldom receive a visit and others (e.g., Nihoa, Laysan Island, and French 

Frigate Shoals) may have several visitors per year. On all occasions, the persons would be accompanied 

by a Government employee or receive a detailed orientation from the employee and would be required to 

observe all policies and regulation regarding disturbance and observation distance. The number of annual 

visits and visitors would be controlled by the Refuge through the Monument’s permitting process. 

The FWS has some facilities and equipment available for this use, which include limited lodging and 

motorboats. The FWS is responsible for the costs of upkeep and replacement of these items. 
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April 2008 D-3 Appendix D: Compatibility Determinations 

Availability of Resources: 

The FWS anticipates a minimal number of people requesting to engage in this use and accompany FWS 

employees while they perform their normal governmental operational and maintenance duties. 

Transportation to the Refuge is very costly due to its remote location. Persons covered under this CD 

would be expected to pay all costs or be covered under an agency that would be responsible for the costs. 

In cases where no funds and/or space are available, the activity would not occur. 

The Refuge has sufficient staff time and other resources to allow this use at the current levels. 

 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $2,500

Maintenance $0

Monitoring $2,000

Special equipment, facilities or improvements $0

Offsetting revenues $0

The numbers above reflect the current estimated costs. Estimated costs were calculated using 5% of the 

base cost of a GS-5 refuge biological technician and a 5% cost of a GS-9 refuge manager assuming that 

this priority activity would use that “portion of a year” to administer. 

Transportation costs to reach the Refuge are paid by the participant or covered by another agency. 

Anticipated Impacts of the Use(s): 

Possible impacts from this use include: (1) disturbance to nesting and resting seabirds and other migratory 

birds; (2) disturbance to Hawaiian monk seals (Monachus schauinslandi) and/or green turtles (Chelonia 

mydas) swimming and feeding in the nearshore marine environment or resting on beaches; (3) disturbance 

to spinner dolphins (Stenella longirostris) swimming and feeding in the nearshore marine environment; 

(4) disturbance to fish, cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas 

laysanensis), Nihoa finches (Telespiza ultima), Nihoa millerbirds (Acrocephalus familiaris kingi), and 

Laysan finches (Telespiza cantans); (6) trampling of native plants and insects; (7) damage to corals; (8) 

accidental release of pollution and contaminants; and (9) the accidental introduction and establishment of 

nonnative species to the Monument. All wildlife observation and photography activities would be 

designed and managed in a fashion to eliminate or minimize these impacts. However, even with proper 

management and execution of a well planned project, certain behavioral responses in wildlife may occur 

that are not easily recognized by the casual observer. Some proposed activities will require further 

analysis and compliance by the agencies as more detailed information becomes available and specific 

plans are developed. These requirements may include additional analysis in accordance with NEPA, and 

consultation under ESA, Marine Mammal Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When visitors and researchers are observing albatrosses, terns, boobies, 

Laysan ducks, or other species in the less visited areas, they would have the potential of greatly elevating 

stress hormone levels if the duration of the disturbance is excessive. Kitaysky et al. (2003) showed that 

limited duration disturbance, however, has only minor, short-term effects. Observation periods for any 
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April 2008 D-4 Appendix D: Compatibility Determinations 

particular bird or group of birds would be kept to 15 minutes or less for this reason. Observations 

occurring at a FWS blind could continue for up to 1 hour. It is important to note that even wildlife 

photography by professionals or amateurs can often be disturbing depending on the manner in which it is 

pursued. 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). From the 1960s to the 1990s, decreases in monk seal 

populations at several locations (French Frigate Shoals, Midway Atoll, and Kure Atoll) have been 

associated with human disturbance (Gerrodette 1990). Recreational beach activities caused monk seals to 

alter their pupping and hauling patterns, and survival of pups in suboptimal habitats was low, leading to 

gradual population declines (Kenyon 1972). Human activity and disturbance caused incredible declines 

at Midway Atoll (Kenyon 1972). Beach counts of monk seals at Midway Atoll averaged 56 animals in 

the late 1950s, but declined severely by the late 1960s with a single seal observed during an aerial survey 

in 1968. Monks seals are very sensitive to disturbance and proposed activities should be carefully 

reviewed and, as appropriate, restricted so no further impacts to seals would occur. 

Increased use of Monument waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats or snorkelers/divers with monk seals, sea turtles, spinner dolphins, 

cetaceans, and live corals. One accidental introduction of a nonnative species on a boat or dive 

equipment could devastate the Monument. The introduced sea star (Acanthaster planci) in Guam killed 

1 km of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5 year period along 

38 km of Guam's coastline (Chesher 1969). Any action of pursuit or annoyance from boats potentially 

disturbs marine mammals in the wild by causing disruption of their behavioral patterns or displacement 

from essential habitat areas, especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). 

Snorkel or dive operations also include the added risk of damaging living coral on the Refuge (Hawkins 

et al. 1999). Improper boat operation could result in localized impacts to the coral reef from anchoring, 

touching, standing, or other avoidable physical disturbance to the coral. 

Due to the very limited nature of this activity, we do not expect any additional short-term, long-term, 

and/or cumulative and indirect/secondary impacts other than those normally associated with required 

existing FWS work. However, it is critical that all visitors follow all quarantine procedures to prevent the 

accidental introduction of nonnative species to the Monument. One invasive species has the potential to 

devastate the fragile ecosystem (Chesher 1969). It may be appropriate to set a limit to the number of 

participants allowed under this use even if staff are available to coordinate the activities. Proposed uses 

when transportation costs are not covered, quarantine procedures not followed, or there is an unnecessary 

risk to the natural and cultural resources of the Refuge and Monument would not be permitted. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through the Monument Web sites at 

http://www.fws.gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 

of 1966, as amended and as determined by the Co-Trustees of the Monument. The Monument is of 

national interest; therefore, the availability of the Monument Management Plan (including the CDs) was 

advertised at the national level. 
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April 2008 D-5 Appendix D: Compatibility Determinations 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of national wildlife refuge conditions and restrictions is included in this CD 

and 50 CFR Part 27. Not all of these conditions and restrictions would apply to every use. The type of 

use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel to and from any of the islands must adhere to the “Special 

Conditions for Movement to and from Islands” which cover the quarantine requirements (Attachment 3). 

SPECIFIC TERMS AND CONDITIONS: 

All projects would be monitored by Refuge staff to ensure the use remains compatible and natural, 

cultural, and historic resources (which include but are not limited to: nesting and resting seabirds and 

other migratory birds, Hawaiian monk seals, green turtles, spinner dolphins, fish, cetaceans, marine 

invertebrates, corals, Laysan ducks, Nihoa finches, Nihoa millerbirds, Laysan finches, native plants and 

insects, and cultural and historical resources) are not impacted. Staff will also monitor for the accidental 

release of pollution and contaminants, and the accidental introduction and establishment of nonnative 

species to the Refuge. 

Permittees are responsible for acquiring and/or renewing any necessary State and Federal permits prior to 

beginning or continuing their project. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 

The Refuge Manager can suspend/modify conditions/terminate wildlife observation and photography that 

is already permitted and in progress should unacceptable impacts or issues arise or be noted. 

All persons arriving are provided cultural briefing information, as well as orientation materials and related 

information to minimize disturbance to wildlife (“wildlife viewing etiquette”). Specific restrictions (e.g., 

150-foot minimum distance for seals, prohibition of access to heavily burrowed areas, etc.) are strictly 

enforced. The orientation materials include specific indicators of wildlife behavioral responses to 

disturbance, especially for the Hawaiian monk seal and green turtle, as well as appropriate visitor 

response to being approached by wildlife. The orientation also includes a visual demonstration of a 150-

foot distance. The 150-foot distance is the minimum, however greater distances may be required 

depending upon the response of the wildlife. Information on the nesting locations of particularly rare 

species (e.g., white-tailed tropicbirds) may be withheld to protect these birds from disturbance. 

Permittees are required to go through orientation immediately upon arrival. 

Permittees would not be allowed to approach closer than 150 feet to Laysan duck wetlands. 
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Vessels involved in permitted activities would be required to return to dock at least 1 hour before sunset, 

which would also enhance boat operators’ ability to avoid collisions with marine life. Permittees 

planning to engage in water-related activities during the albatross fledging season (June-July) would be 

thoroughly briefed on watching for shark activity, and water related activities are not permitted during 

peak shark foraging times (1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

Power boat operators may slow to allow permittee observation of approaching spinner dolphins but would 

neither pursue the dolphins nor specifically seek them out. If dolphins are encountered during transit 

between two points, we would allow the boat to slow and/or stop for permittee observation, but entering 

the water would not be allowed. Routes to and from snorkeling/dive sites would be plotted to avoid 

known resting areas of spinner dolphins in the lagoon, as well as preferred Hawaiian monk seal haulout, 

molting, and pupping sites. 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. 

Only four-stroke outboard motors would be used for boats. These motors are cleaner-running and quieter 

than two-stroke motors and would not exceed the Level A or Level B acoustic threshold for disturbance 

to marine mammals. No other loud sounds would be associated with this program. 

Justification: 

When determined compatible on a refuge-specific basis, wildlife observation and photography are priority 

public uses of that national wildlife refuge. The Hawaiian Islands NWR is closed to entry and use by the 

general public. However, there would be occasions when guests, dignitaries, sailboat crews, and teachers 

visit the Refuge. It is only natural that in a place as exotic and teeming with wildlife as the Hawaiian 

Islands NWR, these people would also be enjoying incidental wildlife observation and photography. The 

stipulations included herein would allow such uses to occur in a compatible manner.

Mandatory 10- or 15-year Reevaluation Date: 

_____X_____ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

____________ Mandatory 10-year reevaluation date (for non-wildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 
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References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 1019. 3 February 1909. Establishing the Hawaiian Islands Reservation. 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Gerrodette, T.G., and W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 2416, 1940. Renaming the Hawaiian islands Reservation as the Hawaiian 

Islands National Wildlife Refuge. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443). Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 
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Refuge Determination:

Refuge Manager 

Approval: _________________________ Date:___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence: 

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System __________________________ Date___________ 

Pacific Region (Signature) 
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April 2008 D-9 Appendix D: Compatibility Determinations 

Compatibility Determination

Use: Environmental Education and Interpretation 

Refuge Name: Hawaiian Islands National Wildlife Refuge (NWR), Papahānaumokuākea 

Marine National Monument 

City/County and State: City and County of Honolulu, State of Hawai‘i 

Establishing and Acquisition Authority(ies):

The Hawaiian Islands Reservation was established by President Theodore Roosevelt through Executive 

Order (EO) 1019, dated February 3, 1909. 

In 1940, President Franklin D. Roosevelt signed Presidential Proclamation (PP) 2416, which changed the 

name of the Reservation to the Hawaiian Islands NWR, but did not add to or otherwise modify the 

Reservation’s purposes. 

 

On June 15, 2006, President Bush signed PP 8031 making the Hawaiian Islands NWR part of a 

monument that became the Papahānaumokuākea Marine National Monument (Monument) on March 6, 

2007 (PP 8112). 

Refuge Purpose(s):

The purpose of the Hawaiian Islands Reservation is “...as a preserve and breeding ground for native 

birds...” (EO 1019). 

The Monument covers a much larger area than the Refuge, but also includes the Refuge. The 

Monument’s establishing purpose is “...protecting the objects described above (coral, fish, birds, marine 

mammals, and other flora and fauna), all lands and interest in lands owned or controlled by the 

Government of the United States...” (PP 8031). 

Wilderness Management Objectives: 

Portions of the Hawaiian Islands NWR were proposed for designation as wilderness under the Wilderness 

Act of 1964. Per FWS policy and Department of the Interior regulation, proposed wilderness is managed 

to preserve its wilderness character until such time as Congress takes action on the proposal and managed 

according to wilderness management objectives found in 6 Refuge Manual 8.3: 

1. To manage the land to accomplish refuge purposes in such a way so as to preserve the wilderness 

resource for future benefit and enjoyment of the public; and 

2. To provide opportunities for education, research, solitude, and recreation where these activities 

are compatible with refuge purposes. 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee). 
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Description of Use(s): 

The 1997 amendments to the National Wildlife Refuge System Administration Act of 1966 defined 

environmental education and interpretation as wildlife-dependent public uses. In that Act, the U.S. 

Congress charged that such uses be given special consideration in planning for and management of the 

National Wildlife Refuge System. When determined compatible on a refuge-specific basis, these uses are 

priority general public uses of that national wildlife refuge. National wildlife refuges are to seek 

opportunities to allow these uses in an appropriate and compatible manner. 

Both environmental education and interpretation strive to convey an understanding and appreciation of 

national wildlife refuge resources, the issues that affect them, and the techniques and programs pursued in 

their management. For this reason these two uses have been combined in one compatibility determination 

(CD). 

Due to the remote location of the Hawaiian Islands NWR and its limited accessibility, funding, and 

staffing, few opportunities for onsite environmental education and interpretive programs are available. 

However, with co-management of the Papahānaumokuākea Marine National Monument and new 

technology, we may be able to offer offsite programs through satellite transmissions to schools around the 

world. Additionally, from time to time private videographers and photographers may wish to develop 

environmental education and interpretation materials. These noncommercial activities by videographers 

covered under this CD would be subject to the same restrictions as the CD for commercial operators (CD 

for Photography, Videography, and Audiography). 

In the future, these activities could occur on any of the islands within the Refuge during the year, but 

would only be led by government personnel and/or contractors and would be subject to all Refugespecific conditions that restrict locations, times, number of visitors, etc. (see the Stipulations Necessary to 

Ensure Compatibility section). Any access for the public to participate in these activities would be 

primarily by boat and airplane, thus greatly restricting the opportunities for environmental education and 

interpretation. The number of annual visits and visitors would be controlled by the Refuge through the 

Monument’s permitting process. 

Specific examples of where this CD might apply are included in the Monument Management Plan as: 

1) Section 3.1.1, Activity MCS-3.3: Include an educational component in marine research 

expeditions. 

2) Section 3.5.4, Activity OEL-1.5, Continue Teacher- and Class-at-Sea programs on an annual 

basis. 

Two National Oceanic and Atmospheric Administration (NOAA) vessels (Oscar Elton Sette and the 

Hi‘ialakai) currently transit the Northwestern Hawaiian Islands, generally making three voyages total 

each year. During each voyage, there is usually one teacher aboard participating in the program who has 

the opportunity to visit the Refuge. In addition, in 2005 NOAA sponsored a “boatload of educators” tour 

within the Refuge. The Refuge expects the number of visits by NOAA vessels with teachers to triple in 

the next 15 years. 

Onsite interpretation of the natural, historic, and cultural resources of the Hawaiian Islands NWR also 

occurs in association with research expeditions. Generally each ship carries an outreach staff member 

who works with the researchers and crew to transmit web-based features about their activities and Refuge 

resources. Occasionally they may visit the field camps at Tern Island or Laysan Island for brief daytime 

only visits on boats provided by the NOAA ship. These interpretive activities are expected to continue in 
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the future. Cultural resource activities and practices by Native Hawaiians, which includes access for 

cultural practitioners, are also covered under a separate CD (Cultural Resource Activities and Practices). 

NOAA also offers an ongoing Teacher-at-Sea Program. This program enables teachers to gain firsthand 

experience of science and life at sea. Participation allows teachers to enrich their classroom curricula 

with a depth of understanding made possible by living and working side-by-side, day and night, with 

those who contribute to the world’s body of oceanic and atmospheric scientific knowledge. 

In the Teacher-at-Sea program, teachers apply and have three choices of vessel types; 1) Fisheries 

Research, 2) Oceanographic and Coastal Research, and 3) Hydrographic Surveys. They are usually at sea 

from 1-3 weeks and work the same shifts as the researchers. This sea based experience provides them 

excellent information for developing school programs and helps NOAA meet the objectives of their 

mission by promoting among teachers and their students a greater awareness of the need to understand 

and protect the world’s oceans and their resources. 

The Monument Management Plan also proposes to use telepresence technology for educational and 

outreach activities (section 3.5.4, Ocean Ecosystems Literacy). Technologies such as underwater video 

cameras, real-time video transmission, virtual field trips, and formal distance learning programs may be 

feasible from the Refuge in the future. 

Availability of Resources: 

The FWS has very limited staff, facilities, and equipment available for this use. The FWS is responsible 

for the costs of upkeep and replacement of these items. These facilities are described in greater detail in 

the Coordinated Field Operations Action Plan (section 3.6.3) within the Monument Management Plan. 

Category and Itemization One time ($) Annual 

($/yr) 

Administration and Management $5,250

Maintenance $2,000

Monitoring $5,250

Special equipment, facilities or improvements $25,000

Offsetting revenues (estimated) 

Orientation and monitoring of impacts would be completed by the Refuge staff (5 % GS-7 Assistant 

Refuge Manager, $2,250; 5 % GS-9 Refuge Manager, $3,000). Additional maintenance of current 

facilities may be required to accommodate more people. 

Additional funding for specialized telepresence technology would need to be made available (either 

through the FWS budget system or from an outside source) in order to allow this use to occur in a 

compatible manner. Should internal funding not materialize, the FWS would seek outside funding (e.g., 

from other agency partners or private conservation organizations.) 

Transportation costs to reach the Refuge and are paid for by the participant or covered by another agency. 

Anticipated Impacts of the Use(s): 

Possible impacts from this use include: (1) disturbance to nesting and resting seabirds and other migratory 

birds; (2) disturbance to Hawaiian monk seals (Monachus schauinslandi) and/or green turtles (Chelonia 

mydas) swimming and feeding in the nearshore marine environment or resting on beaches; (3) disturbance 
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to spinner dolphins (Stenella longirostris) swimming and feeding in the nearshore marine environment; 

(4) disturbance to fish, cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas 

laysanensis), Nihoa finches (Telespiza ultima), Nihoa millerbirds (Acrocephalus familiaris kingi), and 

Laysan finches (Telespiza cantans); (6) trampling of native plants and insects; (7) damage to corals; (8) 

accidental release of pollution and contaminants; and (9) the accidental introduction and establishment of 

nonnative species to the Monument. All activities would be designed and managed in a manner to 

eliminate or minimize these impacts. All environmental education and interpretive activities would be 

designed and managed in a fashion to eliminate or minimize these impacts. However, even with proper 

management and execution of a well planned project, certain behavioral responses in wildlife may occur 

that are not easily recognized by the casual observer. Some proposed activities will require further 

analysis and compliance by the agencies as more detailed information becomes available and specific 

plans are developed. These requirements may include additional analysis in accordance with NEPA, and 

consultation under ESA, Marine Mammal Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When participants are observing albatrosses, terns, boobies, Laysan ducks, 

or other species in the less visited areas, they would have the potential of greatly elevating stress hormone 

levels if the duration of the disturbance is excessive. Kitaysky et al. (2003) showed that limited duration 

disturbance, however, has only minor, short-term effects. Observation periods for any particular bird or 

group of birds would be kept to 15 minutes or less for this reason. 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). From the 1960s to the 1990s, decreases in monk seal 

populations at several locations (French Frigate Shoals, Midway Atoll, and Kure Atoll) have been 

associated with human disturbance (Gerrodette 1990). Recreational beach activities caused monk seals to 

alter their pupping and hauling patterns, and survival of pups in suboptimal habitats was low, leading to 

gradual population declines (Kenyon 1972). Human activity and disturbance caused incredible declines 

at Midway Atoll (Kenyon 1972). Beach counts of monk seals at Midway Atoll averaged 56 animals in 

the late 1950s, but declined severely by the late 1960s with a single seal observed during an aerial survey 

in 1968. Monks seals are very sensitive to disturbance and proposed activities should be carefully 

reviewed and, as appropriate, restricted so no further impacts to seals would occur. 

Increased use of Monument waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats or snorkelers/divers with monk seals, sea turtles, spinner dolphins, 

cetaceans, and live corals. One accidental introduction of a nonnative species on a boat or dive 

equipment could devastate the Monument. The introduced sea star (Acanthaster planci) in Guam killed 1 

km of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5 year period along 38 

km of Guam's coastline (Chesher 1969). Any action of pursuit or annoyance from boats potentially 

disturbs marine mammals in the wild by causing disruption of their behavioral patterns or displacement 

from essential habitat areas, especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). 

Snorkel or dive operations also include the added risk of damaging living coral on the Refuge (Hawkins 

et al. 1999). Improper boat operation could result in localized impacts to the coral reef from anchoring, 

touching, standing, or other avoidable physical disturbance to the coral. 

Environmental Education 

Impacts from visitors would be minimal and infrequent. Additionally, terrestrial and marine viewing 

areas would be carefully selected to limit wildlife disturbance and potential impacts to cultural resources. 
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Minimal to no impact on Monument resources is anticipated from offsite programs, designed to bring the 

place to the people rather than the people to the place. Educational demonstrations would be conducted 

or supervised by trained FWS-approved guides. 

The specific impacts of the NOAA Teacher-at-Sea Program would be the same for any on island activities 

and would be permitted requiring the same restrictions as others. The Teacher-at-Sea permitting 

requirements are also covered under another CD (Operations of Co-managing Agencies). 

Interpretation 

Minimal impact to Refuge resources is anticipated, since only trained FWS-approved guides would 

conduct interpretive talks and would avoid sensitive wildlife and cultural areas. 

Impacts may occur to nesting seabirds, Hawaiian monk seals (Monachus schauinslandi), and Hawaiian 

green turtles (Chelonia mydas) may occur if visitors and residents were to wander off guided interpretive 

walks. Possible impacts include: 1) destruction of Bonin petrels (Pterodroma hypoleuca), Tristram’s 

storm petrels (Oceanodroma tristrami), or wedge-tailed shearwaters (Puffinus pacificus) nesting burrows; 

2) smashing, injuring or killing a seabird egg, chick, or adult by stepping on the bird or its nest; 

3) negatively affecting seabird nesting success by causing abandonment;, 4) allowing seabird egg 

predation by shorebirds by flushing incubating adults; and (5) disturbing or deterring a resting monk seal 

or green turtle from a preferred haulout, molting, or pupping/nesting location. Fowler (1995) studied 

seabird colonies with ecotourism operations and documented that birds located away from frequently 

visited areas react strongly to any human activity. Birds were observed to habituate to high levels of 

constant visitation, but not to less constant (although regular) visitation. Therefore, birds located far from 

trails are more likely to be disturbed from wandering visitors or residents. Monk seal research has 

documented that pregnant females would abandon preferred pupping locations due to human disturbance 

(Kenyon 1972). 

Talks may be located near seabird colonies, but leaders and participants would not enter into the main 

colony area for these talks. Keeping the group at the edge of the colony would help to limit stress levels. 

Studies have shown that birds can adapt to repeated disturbance (Fowler 1995), so selection of an area 

where the birds are regularly viewed by FWS personnel and visitors would minimize the impact of this 

activity. 

Due to the very limited nature of this activity, we do not expect any additional short-term, long-term, 

and/or cumulative and indirect/secondary impacts other than those normally associated with required 

existing FWS work. However, it is critical that all visitors follow all quarantine procedures to prevent the 

accidental introduction of nonnative species to the Monument. One invasive species has the potential to 

devastate the fragile ecosystem (Chesher 1969). It may be appropriate to set a limit to the number of 

participants allowed under this use even if staff are available to coordinate the activities. Proposed uses 

when transportation costs are not covered, quarantine procedures not followed, or there is an unnecessary 

risk to the natural and cultural resources of the Refuge and Monument would not be permitted. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through the Monument Web sites at 

http://www.fws.gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 
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of 1966, as amended and as determined by the Co-Trustees of the Monument. The Monument is of 

national interest; therefore, the availability of the Monument Management Plan (including the CDs) was 

advertised at the national level. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of Refuge and Monument conditions and restrictions is included in this CD 

and 50 CFR Part 27. Not all of these conditions and restrictions would apply to every use. The type of 

use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel to and from any of the islands must adhere to the “Special 

Conditions for Movement to and from Islands” which cover the quarantine requirements (Attachment 3). 

SPECIFIC TERMS AND CONDITIONS: 

All projects would be monitored by Refuge staff to ensure the use remains compatible and natural, 

cultural, and historic resources (which include but are not limited to: nesting and resting seabirds and 

other migratory birds, Hawaiian monk seals, green turtles, spinner dolphins, fish, cetaceans, marine 

invertebrates, corals, Laysan ducks, Nihoa millerbirds, Nihoa finches, Laysan finshes, native plants and 

insects, and cultural and historical resources) are not impacted. Staff will also monitor for the accidental 

release of pollution and contaminants, and the accidental introduction and establishment of nonnative 

species to the Refuge. 

Permittees are responsible for acquiring and/or renewing any necessary State and Federal permits prior to 

beginning or continuing their project. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 

The Refuge Manager can suspend/modify conditions/terminate on-refuge a project that is already 

permitted and in progress, should unacceptable impacts or issues arise or be noted. 

All persons arriving to the Refuge are provided cultural briefing information, as well as orientation 

materials and related information to minimize disturbance to wildlife (“wildlife viewing etiquette”). 

Specific restrictions (e.g., 150-foot minimum distance from seals, prohibition of access to heavily 

burrowed areas, etc.) are strictly enforced. The orientation materials include specific indicators of 

wildlife behavioral responses to disturbance, especially for the Hawaiian monk seal and green turtle, as 

well as appropriate visitor response to being approached by wildlife. The orientation also includes a 

visual demonstration of a 150-foot distance. The 150-foot distance is the minimum, however greater 

distances may be required depending upon the response of the wildlife. Information on the nesting 

locations of particularly rare species (e.g., white-tailed tropicbirds) may be withheld to protect these birds 
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from disturbance. All persons arriving to the Refuge are required to go through orientation immediately 

upon arrival. 

Permittees would not be allowed to approach closer than 150 feet to Laysan duck wetlands. 

Vessels involved in permitted activities would be required to return to dock at least 1 hour before sunset, 

which would also enhance boat operators’ ability to avoid collisions with marine life. Permittees 

planning to engage in water-related activities during the albatross fledging season (June-July) would be 

thoroughly briefed on watching for shark activity, and water related activities are not permitted during 

peak shark foraging times (1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

Power boat operators may slow to allow observation of approaching spinner dolphins, but would neither 

pursue the dolphins nor specifically seek them out. If dolphins are encountered during transit between 

two points, we would allow the boat to slow and/or stop for observation, but entering the water would not 

be allowed. Routes to and from snorkeling/dive sites would be plotted to avoid known resting areas of 

spinner dolphins in the lagoon, as well as preferred Hawaiian monk seal haulout, molting, and pupping 

sites. 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. Anchors will be lowered into place rather than tossed overboard to provide 

a more controlled placement. 

Only four-stroke outboard motors would be used for boats. These motors are cleaner-running and quieter 

than two-stroke motors and would not exceed the Level A or Level B acoustic threshold for disturbance 

to marine mammals. No other loud sounds would be associated with this program. 

Justification: 

When determined compatible on a station specific basis, environmental education and interpretation are 

priority public uses of that national wildlife refuge. The Hawaiian Islands NWR is closed to entry and 

use by the general public. However, there are occasions where environmental education and 

interpretation occur in a very limited manner and usually in the company of another government 

employee (e.g., a person accompanying a government employee who does not recognize or understand 

the Refuge resources). Additionally, funding and technologies may become available in the future to 

increase environmental education and interpretation. 

References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 1019. 3 February 1909. Establishing the Hawaiian Islands Reservation. 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Gerrodette, T.G., and W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 
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April 2008 D-16 Appendix D: Compatibility Determinations 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 2416, 1940. Renaming the Hawaiian Islands Reservation as the Hawaiian 

Islands National Wildlife Refuge. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443) Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 

Mandatory 10- or 15-year Reevaluation Date: 

_____X______ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

____________ Mandatory 10-year reevaluation date (for non-wildlife-dependent public uses 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 
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Refuge Determination:

Refuge Manager 

Approval: _________________________ Date:___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence:

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System __________________________ Date___________ 

Pacific Region (Signature) 
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Compatibility Determination

Use: Operations of Monument Co-managing Agencies 

Refuge Name: Hawaiian Islands National Wildlife Refuge (NWR), Papahānaumokuākea 

Marine National Monument 

City/County and State: City and County of Honolulu, State of Hawai‘i 

Establishing and Acquisition Authority(ies):

The Hawaiian Islands Reservation was established by President Theodore Roosevelt through Executive 

Order (EO) 1019, dated February 3, 1909. 

In 1940, President Franklin D. Roosevelt signed Presidential Proclamation (PP) 2416, which changed the 

name of the Reservation to the Hawaiian Islands NWR, but did not add to or otherwise modify the 

Reservation’s purposes. 

 

On June 15, 2006, President Bush signed PP 8031 making the Hawaiian Islands NWR part of a 

monument that became the Papahānaumokuākea Marine National Monument (Monument) on March 6, 

2007 (PP 8112). 

Refuge Purpose(s):

The purpose of the Hawaiian Islands Reservation is “...as a preserve and breeding ground for native 

birds...” (EO 1019). 

The Monument covers a much larger area than the Refuge, but also includes the Refuge. The 

Monument’s establishing purpose is “...protecting the objects described above (coral, fish, birds, marine 

mammals, and other flora and fauna), all lands and interest in lands owned or controlled by the 

Government of the United States...” (PP 8031). 

Wilderness Management Objectives: 

Portions of the Hawaiian Islands NWR were proposed for designation as wilderness under the Wilderness 

Act of 1964. Per FWS policy and Department of the Interior regulation, proposed wilderness is managed 

to preserve its wilderness character until such time as Congress takes action on the proposal and managed 

according to wilderness management objectives found in 6 Refuge Manual 8.3: 

1. To manage the land to accomplish refuge purposes in such a way so as to preserve the wilderness 

resource for future benefit and enjoyment of the public; and 

2. To provide opportunities for education, research, solitude, and recreation where these activities 

are compatible with refuge purposes. 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee). 
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Description of Use(s): 

Papahānaumokuākea Marine National Monument is co-managed by FWS, the National Oceanic and 

Atmospheric Administration (NOAA) and the State of Hawai‘i (State). The Hawaiian Islands NWR is 

part of the Monument. This compatibility determination (CD) covers joint operational activities within 

the Hawaiian Islands NWR by NOAA and the State, which includes but is not limited to the joint use of 

facilities, small boats, vessels and aircraft, and coordinated field activities. All activities covered under 

this CD are reviewed by the Co-Trustees through their Monument permitting process. 

Some examples of this joint-use include but are not limited to NOAA and the State: 1) sharing and using 

FWS living facilities, 2) conducting monitoring (not research) of plants and animals (research is covered 

in a separate CD), and 3) using FWS docking or landing facilities for their vessels and aircraft; and FWS, 

NOAA, and the State: 4) jointly using airplanes and ships for transporting supplies. 

More specific examples of where and under what conditions this CD would apply are listed in the 

Monument Management Plan under: 

1) Section 3.3.1, Activity MD-1.1, Continue working with partners to remove marine debris in the 

Monument and reduce additional debris entering the Monument. 

2) Section 3.2.1, Activity TES-1.2, Support and facilitate emergency response for monk seals. 

This is not a wildlife-dependent public use as defined by the National Wildlife Refuge System 

Administration Act of 1966, as amended (16 U.S.C. 668dd-668ee). 

These year-round, joint use and management activities occur throughout the Monument. This CD 

primarily covers facilities at Tern and Laysan Islands; field camps elsewhere in the refuge; use of small 

boats, vessels, and aircraft; and coordinated field activities within the Hawaiian Islands NWR. By 

coordinating these field activities, sharing infrastructure and equipment, the Co-Trustees can ensure safe 

and efficient management and monitoring operations while avoiding impacts to the natural, historic, and 

cultural resources within the Monument. 

A Monument permit for all these types of operations and activities is issued by the Co-Trustees. The 

permit contains standard and specific operating requirements. Each Co-Trustee reviews all proposed 

activities by FWS, NOAA, State, and agency partners, contractors, and cooperators to ensure the 

protection of the Monument’s unique environment. 

This activity/use is proposed because the Presidential Proclamation 8031 establishes a coordinated regime 

within the Northwestern Hawaiian Islands. This allows all Monument personnel from FWS, NOAA, and 

the State to work together, and share facilities, equipment, and management activities. 

FWS has some facilities and equipment available for this use at Tern Island that includes office space, 

housing, motorboats, dive tanks, and tools. Users share the cost of maintenance and replacement of these 

items or supply their own for special operational needs. 

Availability of Resources: 

The availability of resources is not entirely applicable to this CD, because the three co-managing agencies 

generally share costs involved or exchange costs borne by one agency for in kind services. The FWS 

operates its stations under a full cost recovery requirement. Monument co-managing agencies will 

develop cooperating agreements that clearly identify the cost sharing arrangements. Increases in annual 
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April 2008 D-22 Appendix D: Compatibility Determinations 

operating costs due to increased presence will be borne by the co-managing agencies with no additional 

cost borne by the FWS. 

 

Transportation costs to reach the Refuge are paid by the individual agency or exchanged for in kind 

service. 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $4,400

Maintenance $10,000

Monitoring $4,000

Special equipment, facilities or improvements NA

Offsetting revenues NA

The numbers above reflect the current estimated costs. Estimated costs were calculated using 8% of the 

base cost of a GS-9 refuge manager assuming that activity would use that estimated “portion of a year” to 

administer. Maintenance includes the buildings and other facilities on Tern Island and a tent camp on 

Laysan Island. If a year-round tent camp is also established at Pearl and Hermes Atoll, costs would be 

shared between the appropriate agencies. Monitoring would include the 8% of the base cost of a GS-7 

assistant refuge manager assuming that activity would use that estimated “portion of a year” to 

administer. 

Anticipated Impacts of the Use(s): 

Possible impacts from persons involved in operations by Monument co-managing agencies include: 

(1) disturbance to nesting and resting seabirds and other migratory birds; (2) disturbance to Hawaiian 

monk seals (Monachus schauinslandi) and/or green turtles (Chelonia mydas) swimming and feeding in 

the nearshore marine environment or resting on beaches; (3) disturbance to spinner dolphins (Stenella 

longirostris) swimming and feeding in the nearshore marine environment; (4) disturbance to fish, 

cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas laysanensis), Nihoa 

finches (Telespiza ultima), Nihoa millerbirds (Acrocephalus familiaris kingi), and Laysan finches 

(Telespiza cantans); (6) trampling of native plants and insects; (7) damage to corals; (8) accidental release 

of pollution and contaminants; and (9) the accidental introduction and establishment of nonnative species 

to the Monument. All activities would be designed and managed in a manner to eliminate or minimize 

these impacts. Some proposed activities will require further analysis and compliance by the agencies as 

more detailed information becomes available and specific plans are developed. These requirements may 

include additional analysis in accordance with NEPA, and consultation under ESA, Marine Mammal 

Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When co-managers are observing or working in the vicinity of albatrosses, 

terns, boobies, Laysan ducks, or other species in the less visited areas, they would have the potential of 

greatly elevating stress hormone levels if the duration of the disturbance is excessive. Kitaysky et al. 

(2003) showed that limited duration disturbance, however, has only minor, short-term effects. Contact 

periods for any particular bird or group of birds would be kept to 15 minutes or less for this reason, unless 

there is a justified research question to answer and the length of time is acceptable. It is important to note 
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April 2008 D-23 Appendix D: Compatibility Determinations 

that even wildlife photography by professionals or amateurs can often be disturbing depending on the 

manner in which it is pursued. 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). From the 1960s to the 1990s, decreases in monk seal 

populations at several locations (French Frigate Shoals, Midway Atoll, and Kure Atoll) have been 

associated with human disturbance (Gerrodette 1990). Recreational beach activities caused monk seals to 

alter their pupping and hauling patterns, and survival of pups in suboptimal habitats was low, leading to 

gradual population declines (Kenyon 1972). Human activity and disturbance caused incredible declines 

at Midway Atoll (Kenyon 1972). Beach counts of monk seals at Midway Atoll averaged 56 animals in 

the late 1950s, but declined severely by the late 1960s with a single seal observed during an aerial survey 

in 1968. Monks seals are very sensitive to disturbance and proposed activities should be carefully 

reviewed and, as appropriate, restricted so no further impacts to seals would occur. 

Increased use of Monument waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats or snorkelers/divers with monk seals, sea turtles, spinner dolphins, 

cetaceans, and live corals. One accidental introduction of a nonnative species on a boat or dive 

equipment could devastate the Monument. The introduced sea star (Acanthaster planci) in Guam killed 1 

km of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5 year period along 38 

km of Guam's coastline (Chesher 1969). Any action of pursuit or annoyance from boats potentially 

disturbs marine mammals in the wild by causing disruption of their behavioral patterns or displacement 

from essential habitat areas, especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). 

Snorkel or dive operations also include the added risk of damaging living coral on the Refuge (Hawkins 

et al. 1999). Improper boat operation could result in localized impacts to the coral reef from anchoring, 

touching, standing, or other avoidable physical disturbance to the coral. 

Each activity by any of the co-managing agencies would be carefully reviewed to eliminate if possible 

and/or prevent any significant short-term, long-term, or cumulative impacts. All proposals would have to 

go through the Monument permitting process, which requires review by the other Monument CoTrustees. This high level of review would help ensure that impacts of any kind are carefully considered 

before any permit for co-managing agencies activities is issued. 

Proposals which may have a negative impact to the Monument resources would not be permitted. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through the Monument Websites at 

http://www.fws.gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 

of 1966, as amended and as determined by the Co-Trustees of the Monument. The Monument is of 

national interest, therefore, the availability of the draft Monument Management Plan (including the CDs) 

was advertised at the national level. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 
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April 2008 D-24 Appendix D: Compatibility Determinations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of NWR and Monument conditions and restrictions is included in this CD 

and/or 50 CFR Part 27. Not all of these conditions and restrictions would apply to every use. The type of 

use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel to and from any of the islands must adhere to the “Special 

Conditions for Movement to and from Islands” which cover the quarantine requirements (Attachment 3). 

SPECIFIC TERMS AND CONDITIONS: 

All projects would be monitored by Refuge staff to ensure the use remains compatible and natural, 

cultural and historic resources (which include but are not limited to: nesting and resting seabirds and other 

migratory birds, Hawaiian monk seals, green turtles, spinner dolphins, fish, cetaceans, marine 

invertebrates, corals, Laysan ducks, Laysan finches, Nihoa finches, Nihoa millerbirds, native plants and 

insects, and cultural and historical resources) are not impacted. Staff will also monitor for the accidental 

release of pollution and contaminants, and the accidental introduction and establishment of nonnative 

species to the Monument. 

Permittees are responsible for acquiring and/or renewing any necessary State and Federal permits prior to 

beginning or continuing their project. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 

The Refuge Manager can suspend/modify conditions/terminate an activity that is already permitted and in 

progress should unacceptable impacts or issues arise or be noted. 

Co-managers are provided cultural briefing information, as well as orientation materials and related 

information to minimize disturbance to wildlife (“wildlife viewing etiquette”). Specific restrictions (e.g., 

150-foot minimum distance from seals, prohibition of access to heavily burrowed areas, etc.) are strictly 

enforced. The orientation materials include specific indicators of wildlife behavioral responses to 

disturbance, especially for the Hawaiian monk seal and green turtle, as well as appropriate visitor 

response to being approached by wildlife. The orientation also includes a visual demonstration of a 150-

foot distance. The 150-foot distance is the minimum, however greater distances may be required 

depending upon the response of the wildlife. Information on the nesting locations of particularly rare 

species (e.g., white-tailed tropicbirds) may be withheld to protect these birds from disturbance. 

At the discretion of the Refuge Manager, FWS-approved guides may be assigned to accompany 

permittees into particularly sensitive areas. Additional fees (approximately equal to the actual cost to the 

Refuge) would be charged for such special services. 

Permittees would not be allowed to approach closer than 150 feet to Laysan duck wetlands. 

Vessels involved in permitted activities would be required to return to dock at least 1 hour before sunset, 

which would also enhance boat operators’ ability to avoid collisions with marine life. Permittees 

planning to engage in water-related activities during the albatross fledging season (June-July) would be 
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April 2008 D-25 Appendix D: Compatibility Determinations 

thoroughly briefed on watching for shark activity, and water related activities are not permitted during 

peak shark foraging times (1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

Power boat operators may slow to allow permittee observation of approaching spinner dolphins, but 

would neither pursue the dolphins nor specifically seek them out. If dolphins are encountered during 

transit between two points, we would allow the boat to slow and/or stop for permittee observation, but 

entering the water would not be allowed. 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. 

Only four-stroke outboard motors would be used for permittee boats. These motors are cleaner-running 

and quieter than two-stroke motors and would not exceed the Level A or Level B acoustic threshold for 

disturbance to marine mammals. No other loud sounds would be associated with this program. 

Justification: 

Presidential Proclamation 8031 establishes a coordinated management regime for Papahānaumokuākea 

Marine National Monument. This allows all Monument personnel from FWS, NOAA, and the State to 

work together, and share facilities, equipment, and management activities so the Monument’s natural, 

cultural, and historic resources may be enjoyed and protected in perpetuity. The FWS, NOAA, and the 

State each have their own special expertise and experience and working together to achieve purposes of 

the Monument and the Refuge is cost-effective and produces synergistic benefits. 

Mandatory 10- or 15-year Reevaluation Date: 

_____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

_____X_______ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 1019. 3 February 1909. Establishing the Hawaiian Islands Reservation. 
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April 2008 D-26 Appendix D: Compatibility Determinations 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Gerrodette, T.G., and W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 2416, 1940. Renaming the Hawaiian Islands Reservation as the Hawaiian 

Islands National Wildlife Refuge. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443). Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 
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April 2008 D-27 Appendix D: Compatibility Determinations 

Refuge Determination:

Refuge Manager 

Approval: _________________________ Date___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence: 

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 
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Compatibility Determination

Use: Research, Scientific Collecting, and Surveys 

Refuge Name: Hawaiian Islands National Wildlife Refuge (NWR), Papahānaumokuākea 

Marine National Monument 

City/County and State: City and County of Honolulu, State of Hawai‘i 

Establishing and Acquisition Authority(ies):

The Hawaiian Islands Reservation was established by President Theodore Roosevelt through Executive 

Order (EO) 1019, dated February 3, 1909. 

In 1940, President Franklin D. Roosevelt signed Presidential Proclamation (PP) 2416, which changed the 

name of the Reservation to the Hawaiian Islands NWR, but did not add to or otherwise modify the 

Reservation’s purposes. 

 

On June 15, 2006, President Bush signed PP 8031 making the Hawaiian Islands NWR part of a 

monument that became the Papahānaumokuākea Marine National Monument (Monument) on March 6, 

2007 (PP 8112). 

Refuge Purpose(s):

The purpose of the Hawaiian Islands Reservation is “...as a preserve and breeding ground for native 

birds...” (EO 1019). 

The Monument covers a much larger area than the Refuge, but also includes the Refuge. The 

Monument’s establishing purpose is “...protecting the objects described above (coral, fish, birds, marine 

mammals, and other flora and fauna), all lands and interest in lands owned or controlled by the 

Government of the United States...” (PP 8031). 

Wilderness Management Objectives: 

Portions of the Hawaiian Islands NWR were proposed for designation as wilderness under the Wilderness 

Act of 1964. Per FWS policy and Department of the Interior regulation, proposed wilderness is managed 

to preserve its wilderness character until such time as Congress takes action on the proposal and managed 

according to wilderness management objectives found in 6 Refuge Manual 8.3: 

1. To manage the land to accomplish refuge purposes in such a way so as to preserve the wilderness 

resource for future benefit and enjoyment of the public; and 

2. To provide opportunities for education, research, solitude, and recreation where these activities 

are compatible with refuge purposes. 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee). 
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Description of Use(s): 

When determined compatible on a refuge-specific basis, research, scientific collecting, and surveys 

(research) are allowable uses and are conducted on refuge lands and waters by independent researchers, 

partnering agencies, and educational groups. FWS defines these uses as: 

• Research: Planned, organized, and systematic investigation of a scientific nature. 

• Scientific collecting: Gathering of refuge natural resources or cultural artifacts for scientific 

purposes. 

• Surveys: Scientific inventory or monitoring. 

The types of research vary greatly, but mostly revolve around birds, marine animals, sea turtles, coral 

reefs, the marine environment, fish population dynamics, marine debris, contaminants, habitat 

classification and restoration, and cultural and historic resources. 

Presently on the Refuge 29 research projects are ongoing, which is representative of the numbers of 

projects that have occurred annually on the Refuge for the past 5 years. This number is expected to 

greatly increase in the next 10 years. Current research projects include but are not limited to: coral reef 

assessment, fledgling albatross movements, Bonin petrel (Pterodroma hypoleuca) abundance and 

distribution, juvenile reef fish recruitment, radio wave analysis, greenhouse gas monitoring, shark 

movement, and marine debris deposition analysis. The number of researchers on the islands at any one 

time ranges from 0 (Lisianski Island) to 10 people (Tern Island). 

More specific examples of where this CD might apply are included in the Monument Management Plan, 

which lists approximately 80 proposed actions that would generate a multitude of research projects in the 

future. These proposed actions fall under the following categories: Native Hawaiian culture and history, 

historic resources, maritime heritage, threatened and endangered species, migratory birds, habitat 

management and conservation, marine debris, alien species, and maritime transportation and aviation. 

Examples of such activities include: 

1) Section 3.2.1, Activity TES-4.2, Conduct studies to examine the correlation between reproductive 

success and contaminant loads. 

2) Section 3.2.2, Activity MTA-2.1, Conduct studies on potential aircraft and vessel hazards and 

impacts. 

Research proposals may be for any time of the year and on any of the islands and/or surrounding waters 

within the Refuge. However, the Refuge may limit the time and location of research projects to ensure 

that negative impacts to Refuge resources are avoided or limited. 

Each research, scientific collection, or survey project would undoubtedly have different protocols and 

methodologies; therefore, each study necessitates its own scientific review. Each research project would 

be carefully reviewed to prevent any significant short-term, long-term or cumulative impacts. New 

research requests would be evaluated by refuge staff by comparing them to ongoing or recently completed 

research on the Refuge to determine if the species studied, methodologies used, or habitat type and 

locations used may lead to undesirable cumulative impacts. All projects would be subjected to the 

Monument permitting process, in which the Refuge also participates. This high level of review would 

help ensure all levels and types of impacts are carefully considered before any permit for research is 

issued. Within the permit, conditions would be clearly defined so as to protect and conserve the existing 

natural, cultural, and historic resources found within the Monument. Standard and specific conditions are 

included in this CD under Stipulations Necessary to Ensure Compatibility. 
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April 2008 D-32 Appendix D: Compatibility Determinations 

This use has been primarily proposed because the collecting and analyzing of scientific data is extremely 

valuable to the FWS for its ongoing management of the Refuge and Monument. The gathered 

information would also used by other scientists and teachers around the world. The published 

manuscripts from this research help to support achievement of the FWS mission and Refuge purposes, 

and disseminate scientific information about the significance of the Monument to other researchers and 

the public. 

The FWS has some facilities and equipment available for this use that includes office space, housing, 

motorboats, dive tanks, and bird banding supplies. Users pay fees to use these facilities and equipment or 

they supply their own. 

Availability of Resources: 

The Refuge’s extreme remoteness makes the operation and maintenance of its airfield, buildings, and 

infrastructure very costly for FWS. Therefore, appropriate fees would be charged for research projects 

occurring on the Refuge to help FWS defray their operational costs. 

The FWS has sufficient staffing and funding to administratively support and monitor research that is 

currently taking place. Any significant increase in the number of research projects would create a need 

for additional employees to oversee the administration and monitoring of the researchers and their 

projects. 

Any significant additional cost to the Refuge caused by researchers must be offset by the sponsoring 

agency or organization. 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $2,000

Maintenance $10,000

Monitoring & Research $4,650

Special equipment, facilities, or improvements $0

Offsetting revenues $0

The numbers above reflect the current estimated costs. Estimated costs were calculated using 10 % of the 

base cost of a GS-7 assistant refuge manager and a 3 % cost of a GS-9 refuge manager assuming that the 

activity would use the estimated “portion of a year” to administer. 

Transportation costs to reach the Refuge are paid for by the participant or covered by another agency. 

Anticipated Impacts of the Use(s): 

Possible impacts from this use include: (1) disturbance to nesting and resting seabirds and other migratory 

birds; (2) disturbance to Hawaiian monk seals (Monachus schauinslandi) and/or green turtles (Chelonia 

mydas) swimming and feeding in the nearshore marine environment or resting on beaches; (3) disturbance 

to spinner dolphins (Stenella longirostris) swimming and feeding in the nearshore marine environment; 

(4) disturbance to fish, cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas 

laysanensis), Nihoa finches (Telespiza ultima), Nihoa millerbirds (Acrocephalus familiaris kingi), and 

Laysan finches (Telespiza cantans); (6) trampling of native plants and insects; (7) damage to corals; (8) 

accidental release of pollution and contaminants; and (9) the accidental introduction and establishment of 
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nonnative species to the Monument. All research would be designed and managed in a fashion with the 

best intent to eliminate or minimize these impacts. However, even with proper management and 

execution of a well planned project, certain behavioral responses in wildlife may occur that are not easily 

recognized by the casual observer. Some proposed activities will require further analysis and compliance 

by the agencies as more detailed information becomes available and specific plans are developed. These 

requirements may include additional analysis in accordance with NEPA, and consultation under ESA, 

Marine Mammal Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When participants are observing albatrosses, terns, boobies, Laysan ducks, 

or other species in the less visited areas, they would have the potential of greatly elevating stress hormone 

levels if the duration of the disturbance is excessive. Kitaysky et al. (2003) showed that limited duration 

disturbance, however, has only minor, short-term effects. Observation periods for any particular bird or 

group of birds would be kept to 15 minutes or less for this reason, unless there is a justified research 

question to answer and the length of time is acceptable. Observations occurring from a FWS blind (if one 

were put in place) can continue for up to 1 hour. It is important to note that even wildlife photography by 

professionals or amateurs can often be disturbing depending on the manner in which it is pursued. 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). The historical record suggests that human access to the 

Northwestern Hawaiian Islands is increasing, and such activities may become a greater impediment to 

monk seal recovery if they are not limited to those compatible with wildlife conservation. From the 

1960s to the 1990s, decreases in monk seal populations at several locations (French Frigate Shoals, 

Midway Atoll, and Kure Atoll) have been associated with human disturbance (Gerrodette 1990). 

Recreational beach activities caused monk seals to alter their pupping and hauling patterns, and survival 

of pups in suboptimal habitats was low, leading to gradual population declines (Kenyon 1972). Human 

activity and disturbance caused incredible declines at Midway Atoll (Kenyon 1972). Beach counts of 

monk seals at Midway Atoll averaged 56 animals in the late 1950s, but declined severely by the late 

1960s with a single seal observed during an aerial survey in 1968. It is clear from these examples that 

monks seals are very sensitive to disturbance and proposed activities should be carefully reviewed and, as 

appropriate, restricted so no further impacts to seals would occur. 

Increased use of Refuge waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats or snorkelers/divers with monk seals, sea turtles, spinner dolphins, 

cetaceans, and live corals. One accidental introduction of a nonnative species on a boat or dive 

equipment could devastate the Refuge. The introduced sea star (Acanthaster planci) in Guam killed 1 km 

of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5 year period along 38 km 

of Guam's coastline (Chesher 1969). Any action of pursuit or annoyance from boats potentially disturbs 

marine mammals in the wild by causing disruption of their behavioral patterns or displacement from 

essential habitat areas, especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). 

Snorkel or dive operations also include the added risk of damaging living coral on the Refuge (Hawkins 

et al. 1999). Improper boat operation could result in localized impacts to the coral reef from repeated 

anchoring, touching, standing, or other avoidable physical disturbance to the coral. 

Although a single research project for a single year may cause few, if any, negative resource impacts, it 

may in fact cause cumulative impacts over multiple years or when considered additively with all research 

projects in the Monument. Therefore, it is critical for Monument managers to examine all projects with a 

multi-year timeframe in mind and consider all research that is planned concurrently in the Monument 
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April 2008 D-34 Appendix D: Compatibility Determinations 

before approval is granted. It may be appropriate to set a limit to the number of research projects 

occurring in a particular habitat or relative to a single species or species group, even if staff are available 

to coordinate the projects. Based on the shorter-term nature of the majority of the 29 research projects 

currently occurring at the Refuge, the probability of cumulative impacts is low. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through the Monument Websites at 

http://www.fws.gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 

of 1966, as amended, and as determined by the Co-Trustees of the Monument. The Monument is of 

national interest; therefore, the availability of the Draft Monument Management Plan (including the CDs) 

was advertised at the national level. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of Refuge and Monument conditions and restrictions is included in this CD 

and 50 CFR Part 27. Not all of these conditions and restrictions would apply to every use. The type of 

use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel to and from any of the islands must adhere to the “Special 

Conditions for Movement to and from Islands,” which cover the quarantine requirements (Attachment 3). 

SPECIFIC TERMS AND CONDITIONS: 

All research permit holders would be required to submit an annual report to the Refuge that summarizes 

their activities for a given year and a final report when the project is completed. The report would include 

at a minimum the following: study title, fiscal year, progress, important findings, problems encountered, 

proposed resolution to problems, disposition of any collected samples, preparer, and date prepared. 

All projects would be monitored by Refuge staff to ensure the use remains compatible and resources 

(which include but are not limited to nesting and resting seabirds and other migratory birds, Hawaiian 

monk seals, green turtles, spinner dolphins, fish, cetaceans, marine invertebrates, corals, Laysan ducks, 

Laysan finches, Nihoa finches, Nihoa millerbirds, native plants and insects, and cultural and historic 

resources) are not impacted. Staff will also monitor for the accidental release of pollution and 

contaminants, and the accidental introduction and establishment of nonnative species to the Refuge. 
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April 2008 D-35 Appendix D: Compatibility Determinations 

If the proposed research methods would impact or potentially impact Refuge resources (habitat or 

wildlife), it must be demonstrated that the research is essential (i.e., critical to survival of a species; 

Refuge islands provide only or critical habitat for a species; or assessment and/or restoration after 

cataclysmic events), and the researcher must identify the issues in advance of the impact. Highly 

intrusive or manipulative research is generally not permitted in order to protect native bird and marine 

mammal populations. 

Researchers are responsible for acquiring and/or renewing any necessary State and Federal permits prior 

to beginning or continuing their project. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 

Researchers will adhere to current species protocols for data collection. 

The Refuge Manager can suspend/modify conditions/terminate on-refuge research that is already 

permitted and in progress, should unacceptable impacts or issues arise or be noted. 

Visitors, researchers, and residents are provided orientation materials and related information to minimize 

disturbance to wildlife (“wildlife viewing etiquette”). Specific restrictions (e.g., 150-foot minimum 

distance from seals, prohibition of access to heavily burrowed areas, etc.) are strictly enforced. The 

orientation materials include specific indicators of wildlife behavioral responses to disturbance, especially 

for the Hawaiian monk seal and green turtle, as well as appropriate visitor response to being approached 

by wildlife. The orientation also includes a visual demonstration of a 150-foot distance. The 150-foot 

distance is the minimum, however greater distances may be required depending upon the response of the 

wildlife. Information on the nesting locations of particularly rare species (e.g., white-tailed tropicbirds) 

may be withheld to protect these birds from disturbance. 

Researchers would be required to obtain the appropriate Monument permit type. These permits stipulate 

more detailed access restrictions and regulations to protect wildlife. At the discretion of the Refuge 

Manager, FWS-approved guides may be assigned to accompany researchers into particularly sensitive 

areas. Additional fees (approximately equal to the actual cost to the Refuge) would be charged for such 

special services. 

Visitors and researchers would not be allowed to approach closer than 150 feet to Laysan duck wetlands 

without specific approval from FWS staff. 

Vessels involved in research activities would be required to return to dock at least 1 hour before sunset, 

which would also enhance boat operators’ ability to avoid collisions with marine life. Visitors and 

researchers planning to engage in water-related activities during the albatross fledging season (June-July) 

would be thoroughly briefed on watching for shark activity, and water-related activities are not permitted 

during peak shark foraging times (1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

Power boat operators may slow to allow visitor and researcher observation of approaching spinner 

dolphins, but would neither pursue the dolphins nor specifically seek them out. If dolphins are 

encountered during transit between two points, we would allow the boat to slow and/or stop for visitor 

and researcher observation, but entering the water would not be allowed. Routes to and from 

snorkeling/dive sites would be plotted to avoid known resting areas of spinner dolphins in the lagoon, as 

well as preferred Hawaiian monk seal haulout, molting, and pupping sites and green turtle high use areas 

such as East Island. 
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April 2008 D-36 Appendix D: Compatibility Determinations 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. Anchors will be lowered into place rather than tossed overboard to control 

placement. 

Only four-stroke outboard motors would be used for visitor and researcher boats. These motors are 

cleaner-running and quieter than two-stroke motors and would not exceed the Level A or Level B 

acoustic threshold for disturbance to marine mammals. No other loud sounds would be associated with 

this program. 

All publications would need to reference the fact that research took place on the Refuge and also state that 

the Refuge is closed to general public use. 

Justification: 

Research on the Refuge and in the Monument is inherently valuable to the FWS, since it is intended to 

expand the knowledge base of those who are given the responsibility of managing the resources found 

within. This is particularly true in this case where many of the resources remain in pristine condition and 

detailed information is lacking for a portion of these species. In many cases, if it were not for the Refuge 

providing access to the lands and waters along with some support, the research would never take place 

and less scientific information would be available to FWS to aid in managing and conserving the Refuge 

and the Monument resources. 

Mandatory 10- or 15-year Reevaluation Date: 

____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

_____X______ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 1019. 3 February 1909. Establishing the Hawaiian Islands Reservation. 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 D-37 Appendix D: Compatibility Determinations 

Gerrodette, T.G., and W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 2416, 1940. Renaming the Hawaiian Islands Reservation as the Hawaiian 

Islands National Wildlife Refuge. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443). Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 
Draft Monument Management Plan 

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April 2008 D-38 Appendix D: Compatibility Determinations 

Refuge Determination:

Refuge Manager 

Approval: _________________________ Date:___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence: 

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System __________________________ Date___________ 

Pacific Region (Signature) 
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April 2008 D-40 Appendix D: Compatibility Determinations 

Finding of Appropriateness of a Refuge Use: Attachment 1 

Use: Cultural Resource Activities and Practices 

Additional information regarding the U.S. Fish and Wildlife Service (FWS) evaluation of proposed 

Cultural Resource Activities and Practices at Hawaiian Islands National Wildlife Refuge (NWR), 

Papahānaumokuākea Marine National Monument. 

d. The activity is not consistent with public safety. Since the activity may have failed to meet this 

requirement and consistent with relevant policy (603 FW 1.11 B.), the Refuge has completed an 

“Exceptional or Unique Circumstances Analysis” (see below). 

Exceptional or Unique Circumstances Analysis for cultural practices at the Hawaiian Islands National 

Wildlife Refuge (NWR), Papahānaumokuākea Marine National Monument (603 FW 1.11 B.). 

The “Finding of Appropriateness of a Refuge Use” determination revealed that proposed Cultural 

Resources Activities and Practices may not be consistent with public safety. Despite the possibility of not 

meeting this requirement and consistent with relevant policy (603 FW 1.11 B.), the Refuge has made a 

determination that the use is appropriate for the following reasons. 

 

• The use would only be allowed if it were also determined compatible. 

• This use is an important component of the Native Hawaiian culture and Presidential Proclamation 

8031 recognizes its significance and provided for this use when certain conditions are met. FWS 

possesses the resources to manage this use at the current levels. 

• One or more support vessels would accompany Hawaiian sailing canoes during their voyages for 

safety. 

• Length of stay on islands would be limited and be required to have a FWS-approved guide to 

accompany them, which would contribute to a higher level of safety. The guide would make sure 

landings at islands only occurred during good weather conditions and in safe areas. The guide would 

brief all participants on the safety issues involved in sailing in the Monument and visiting islands. 

• Participants would be required to carry appropriate first aid supplies that could be used to treat minor 

injuries. 
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Compatibility Determination

Use: Cultural Resource Activities and Practices 

Refuge Name: Hawaiian Islands National Wildlife Refuge (NWR), Papahānaumokuākea 

Marine National Monument 

City/County and State: City and County of Honolulu, State of Hawai‘i 

Establishing and Acquisition Authority(ies):

The Hawaiian Islands Reservation was established by President Theodore Roosevelt through Executive 

Order (EO) 1019, dated February 3, 1909. 

In 1940, President Franklin D. Roosevelt signed Presidential Proclamation (PP) 2416, which changed the 

name of the Reservation to the Hawaiian Islands NWR, but did not add to or otherwise modify the 

Reservation’s purposes. 

 

On June 15, 2006, President Bush signed PP 8031 making the Hawaiian Islands NWR part of a 

monument that became the Papahānaumokuākea Marine National Monument (Monument) on March 6, 

2007 (PP 8112). 

Refuge Purpose(s):

The purpose of the Hawaiian Islands Reservation is “...as a preserve and breeding ground for native 

birds...” (EO 1019). 

The Monument covers a much larger area than the Refuge, but also includes the Refuge. The 

Monument’s establishing purpose is “...protecting the objects described above (coral, fish, birds, marine 

mammals, and other flora and fauna), all lands and interest in lands owned or controlled by the 

Government of the United States...” (PP 8031). 

Wilderness Management Objectives: 

Portions of the Hawaiian Islands NWR were proposed for designation as wilderness under the Wilderness 

Act of 1964. Per FWS policy and Department of the Interior regulation, proposed wilderness is managed 

to preserve its wilderness character until such time as Congress takes action on the proposal and managed 

according to wilderness management objectives found in 6 Refuge Manual 8.3: 

1. To manage the land to accomplish refuge purposes in such a way so as to preserve the wilderness 

resource for future benefit and enjoyment of the public; and 

2. To provide opportunities for education, research, solitude, and recreation where these activities 

are compatible with refuge purposes. 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee). 
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Description of Use(s): 

Presidential Proclamation 8031 defines Native Hawaiian Practices as “...cultural activities conducted for 

the purposes of perpetuating traditional knowledge, caring for and protecting the environment, and 

strengthening cultural and spiritual connections to the Northwestern Hawaiian Islands that have 

demonstrable benefits to the Native Hawaiian community. This may include, but is not limited to, the 

non-commercial use of Monument resources for direct personal consumption while in the monument.” 

Cultural resource activities and practices are a means to honor and continue the traditional knowledge and 

practices that are vital to the Native Hawaiian community. They continue to remind and teach the Native 

Hawaiian connections and relationships that ancestors have passed down from generation to generation. 

Activities could involve, but are not limited to, voyaging by traditional sailing canoes with at least one 

support vessel to one or more of the islands within the Monument. Although requests for general access 

may be received for any of the islands within the Monument, most often the activity would occur on 

either Nihoa or Mokumanamana (Necker Island) in the Hawaiian Islands NWR. The use may be 

conducted at any time during the year, but would most often occur during equinoxes and solstices. The 

permittees would explore where ancestors traveled and practiced their culture, teach others the Native 

Hawaiian culture and history, practice living and traveling as ancestors did, and make a spiritual 

connection with nature and ancestors. The use may include overnight visits on some islands, sailing by 

canoe to the islands, celestial navigation, spiritual ceremonies, and presentation of offerings. However, 

camping on Nihoa Island or Mokumanamana is not considered under this CD due to the lack of 

appropriate and suitable sites (rugged terrain, and presence of cultural sites and endangered species) on 

these islands. Cultural practitioners requesting to camp on these islands would require the Service 

complete additional determinations for appropriateness and compatibility. 

More specific examples of where this CD might apply are listed in the Monument Management Plan 

under: 

1) Section 3.1.2, Activity NHCH-2.3, Facilitate field research and cultural education opportunities 

annually during the field season. 

2) Section 3.1.2, Activity NHCH-2.6, Support Native Hawaiian cultural accesses to assure cultural 

research needs are met. 

The study and use of native fish, wildlife, plants, and their habitats by Native Hawaiians is integral to 

their cultural practices. However this activity is not a wildlife-dependent use as defined by the National 

Wildlife Refuge System Administration Act of 1966, as amended. 

This activity could include fishing and gathering of renewable natural resources for ceremonial, religious, 

nutritional, and other traditional cultural purposes. Resources of interest may include, but are not limited 

to, shed feathers, fish, shells, or salt. Gathering of resources of interest may be requested in Native 

Hawaiian Practices Permit applications and considered by Monument managers on a case-by-case basis. 

Approval of these requests must include, but are not limited to, consideration of surplus populations 

available for harvest; maintenance of biological integrity and diversity; maintenance of self-sustaining 

populations; permittee possession of other necessary permits (e.g., for migratory birds), etc. 

Since the establishment of the Monument, only two Native Hawaiian practices permits have been issued. 

This permit allowed 14 Native Hawaiians to anchor off of Nihoa and Mokumanamana Islands and 

conduct cultural ceremonies on the islands for no more than 2 full days. 

Native Hawaiian practitioners must first apply for and receive a permit from the Monument. After 

issuance, the practitioners would normally travel to the island(s) by boat and conduct the activity on land 
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April 2008 D-43 Appendix D: Compatibility Determinations 

or in the water. The FWS would typically expect 1 boat per permit (2, if a support vessel is 

accompanying a traditional sailing canoe) with less than 15 people and would anticipate fewer than 3 

permits per year. A FWS staff member would accompany all parties permitted to engage in this use to 

increase safety, ensure the activity is compatible, and does not impact other Refuge or Monument 

resources or other permitted uses. 

No facilities are dedicated solely to these uses that need to be covered by this compatibility determination. 

Availability of Resources: 

No funding presently exists specifically for this use. However, the occurrence of this activity is currently 

infrequent and is not expected to grow significantly in the near future, thus the costs to the Refuge are 

minimal and can be accommodated within the existing budget. The issuance of the permit and FWS staff 

time to act as a guide for the cultural group account for the major costs. 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $2,000

Maintenance 

Monitoring $2,000 

Special equipment, facilities or improvements 

Offsetting revenues 

The cost reflects the estimated Refuge current expense for this use (5% of a GS-12 wildlife biologist). 

Transportation costs to reach the Refuge are paid for by the participant or covered by another agency. 

Anticipated Impacts of the Use(s): 

Short-term impacts should be very minimal since the applicant must follow very strict permit regulations 

(i.e., quarantine procedures for each island) and have a FWS-approved guide. Some minimal disturbance 

of wildlife may occur from the parties entering and leaving the islands. The permit does not allow 

disturbance or collection of the historic or cultural resources. However, we recognize some of the Native 

Hawaiian cultural/spiritual practices may involve moving stones which would not be considered 

disturbance. 

Possible impacts from this use include: (1) disturbance to nesting and resting seabirds and other migratory 

birds; (2) disturbance to Hawaiian monk seals (Monachus schauinslandi) and/or green turtles (Chelonia 

mydas) swimming and feeding in the nearshore marine environment or resting on beaches; (3) disturbance 

to spinner dolphins (Stenella longirostris) swimming and feeding in the nearshore marine environment; 

(4) disturbance to fish, cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas 

laysanensis), Nihoa finches (Telespiza ultima), Nihoa millerbirds (Acrocephalus familiaris kingi), and 

Laysan finches (Telespiza cantans); (6) trampling of native plants and insects; (7) damage to corals; (8) 

accidental release of pollution and contaminants; and (9) the accidental introduction and establishment of 

nonnative species to the Monument. All cultural resource activities would be designed and managed in a 

fashion with the best intent to eliminate or minimize these impacts. However, even with proper 

management and execution of a well planned project, certain behavioral responses in wildlife may occur 

that are not easily recognized by the casual observer. Some proposed activities will require further 

analysis and compliance by the agencies as more detailed information becomes available and specific 
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April 2008 D-44 Appendix D: Compatibility Determinations 

plans are developed. These requirements may include additional analysis in accordance with NEPA, and 

consultation under ESA, Marine Mammal Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al.., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When participants are observing albatrosses, terns, boobies, Laysan ducks, 

or other species in the less visited areas, they would have the potential of greatly elevating stress hormone 

levels if the duration of the disturbance is excessive. Kitaysky et al. (2003) showed that limited duration 

disturbance, however, has only minor, short-term effects. Observation periods for any particular bird or 

group of birds would be kept to 15 minutes or less for this reason. Observations occurring from a blind 

can continue for up to 1 hour. It is important to note that even wildlife photography by professionals or 

amateurs can often be disturbing depending on the manner in which it is pursued. 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). From the 1960s to the 1990s, decreases in monk seal 

populations at several locations (French Frigate Shoals, Midway Atoll, and Kure Atoll) have been 

associated with human disturbance (Gerrodette 1990). Recreational beach activities caused monk seals to 

alter their pupping and hauling patterns, and survival of pups in suboptimal habitats was low, leading to 

gradual population declines (Kenyon 1972). Human activity and disturbance caused incredible declines 

at Midway Atoll (Kenyon 1972). Beach counts of monk seals at Midway Atoll averaged 56 animals in 

the late 1950s, but declined severely by the late 1960s with a single seal observed during an aerial survey 

in 1968. Monks seals are very sensitive to disturbance and proposed activities should be carefully 

reviewed and, as appropriate, restricted so no further impacts to seals would occur. 

Increased use of Monument waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats with monk seals, sea turtles, spinner dolphins, cetaceans, and live 

corals. One accidental introduction of a nonnative species on a boat or dive equipment could devastate 

the Monument. The introduced sea star (Acanthaster planci) in Guam killed 1 km of coral in a month in a 

narrow fringing coral reef and 90% of the coral in a 2.5 year period along 38 km of Guam's coastline 

(Chesher 1969). Any action of pursuit or annoyance from boats potentially disturbs marine mammals in 

the wild by causing disruption of their behavioral patterns or displacement from essential habitat areas, 

especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). Snorkel or dive operations 

also include the added risk of damaging living coral on the Refuge (Hawkins et al. 1999). Improper boat 

operation could result in localized impacts to the coral reef from repeated anchoring, touching, standing, 

or other avoidable physical disturbance to the coral. 

Due to the very limited nature of this activity (i.e., 1- to 2-day duration limited to access to one or two 

islands), we do not expect any additional short-term, long-term, and/or cumulative and indirect/secondary 

impacts other than those normally associated with required existing FWS work. However, it is critical 

that all visitors follow all quarantine procedures to prevent the accidental introduction of nonnative 

species to the Monument. One invasive species has the potential to devastate the fragile ecosystem 

(Chesher 1969). It may be appropriate to set a limit to the number of participants allowed under this use 

even if staff are available to coordinate the activities. Proposed uses when transportation costs are not 

covered, quarantine procedures not followed, or there is an unnecessary risk to the natural and cultural 

resources of the Refuge and Monument would not be permitted. 
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April 2008 D-45 Appendix D: Compatibility Determinations 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through the Monument Websites at 

http://www/fws/gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 

of 1966, as amended, and as determined by the Co-Trustees of the. The Monument is of national interest; 

therefore, the availability of the Monument Management Plan (including the CDs) was advertised at the 

national level. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of Refuge and Monument conditions and restrictions is included in this CD 

and 50 CFR Part 27. Not all of these conditions and restrictions would apply to every use. The type of 

use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel to and from any of the islands must adhere to the “Special 

Conditions for Movement to and from Islands” which cover the quarantine requirements (Attachment 3). 

SPECIFIC TERMS AND CONDITIONS: 

Persons desiring access for cultural purposes to areas not generally open to the public would be required 

to obtain a Native Hawaiian Practices Permit from the Monument. These permit applications are reviewed 

by select cultural practitioners or cultural resource managers to ensure the proposed activities meet the 

findings outlined in the Proclamation. Permits issued may stipulate more detailed access restrictions and 

regulations to protect wildlife. 

All projects would be monitored by Refuge staff to ensure the use remains compatible and cultural and 

natural resources (which include but are not limited to nesting and resting seabirds and other migratory 

birds, Hawaiian monk seals, green turtles, spinner dolphins, fish, cetaceans, marine invertebrates, corals, 

Laysan ducks, Laysan finches, Nihoa finches, Nihoa millerbirds, native plants and insects, and cultural 

and historical resources) are not impacted. Staff will also monitor for the accidental release of pollution 

and contaminants, and the accidental introduction and establishment of nonnative species to the 

Monument. 

Permittees are responsible for acquiring and/or renewing any necessary State and Federal permits prior to 

beginning or continuing their project. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 
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April 2008 D-46 Appendix D: Compatibility Determinations 

The Refuge Manager can suspend/modify conditions/terminate a project that is already permitted and in 

progress, should unacceptable impacts or issues arise or be noted. 

All trash, human waste, etc., will be removed from the islands upon departure. 

All persons traveling to the Refuge are provided cultural briefing information, as well as orientation 

materials and related information to minimize disturbance to wildlife (“wildlife viewing etiquette”). 

Specific restrictions (e.g., 150-foot minimum distance from seals, prohibition of access to heavily 

burrowed areas, etc.) are strictly enforced. The orientation materials include specific indicators of 

wildlife behavioral responses to disturbance, especially for the Hawaiian monk seal and green turtle, as 

well as appropriate visitor response to being approached by wildlife. The orientation also includes a 

visual demonstration of a 150-foot distance. The 150-foot distance is the minimum, however greater 

distances may be required depending upon the response of the wildlife. Information on the nesting 

locations of particularly rare species (e.g., white-tailed tropicbirds) may be withheld to protect these birds 

from disturbance. 

Permittees would not be allowed to approach closer than 150 feet to Laysan duck wetlands. 

Vessels involved in permitted activities would be required to return to dock at least 1 hour before sunset, 

which would also enhance boat operators’ ability to avoid collisions with marine life. Permittees 

planning to engage in water-related activities during the albatross fledging season (June-July) would be 

thoroughly briefed on watching for shark activity, and water related activities are not permitted during 

peak shark foraging times (1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. Anchors will be lowered into place rather than tossed overboard to control 

placement. 

If motorized boats are used, only four-stroke outboard motors would be allowed. These motors are 

cleaner-running and quieter than two-stroke motors and would not exceed the Level A or Level B 

acoustic threshold for disturbance to marine mammals. No other loud sounds would be associated with 

this program. 

Any alteration of the Refuge’s natural or cultural resources through this use (including movement of 

stones on islands) would be approved and overseen by FWS personnel. 

As part of their permit, users would be required to certify that their use of the Refuge and its natural and 

cultural resources, including any items collected from the Refuge, is of a noncommercial nature. 

Justification: 

This use is an important component of the Native Hawaiian culture, and Presidential Proclamation 8031 

recognizes its significance and provided for this use when certain conditions are met. FWS possesses the 

resources to manage this use at the current levels. 
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April 2008 D-47 Appendix D: Compatibility Determinations 

Mandatory 10- or 15-year Reevaluation Date: 

__________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

____X____ Mandatory 10-year reevaluation date (for non-wildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 1019. 3 February 1909. Establishing the Hawaiian Islands Reservation. 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Gerrodette, T.G., and W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 2416, 25 July 1940. Renaming the Hawaiian Islands Reservation as the 

Hawaiian Islands National Wildlife Refuge. 
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April 2008 D-48 Appendix D: Compatibility Determinations 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443) Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 
Draft Monument Management Plan 

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April 2008 D-49 Appendix D: Compatibility Determinations 

Refuge Determination:

Refuge Manager 

Approval: _________________________ Date___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence: 

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System __________________________ Date___________ 

Pacific Region (Signature) 
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Compatibility Determination

Use: Commercial Photography, Videography, Filming, or Audio Recording 

Refuge Name: Hawaiian Islands National Wildlife Refuge (NWR), Papahānaumokuākea 

Marine National Monument 

City/County and State: City and County of Honolulu, State of Hawai‘i 

Establishing and Acquisition Authority(ies):

The Hawaiian Islands Reservation was established by President Theodore Roosevelt through Executive 

Order (EO) 1019, dated February 3, 1909. 

In 1940, President Franklin D. Roosevelt signed Presidential Proclamation (PP) 2416, which changed the 

name of the Reservation to the Hawaiian Islands NWR, but did not add to or otherwise modify the 

Reservation’s purposes. 

 

On June 15, 2006, President Bush signed PP 8031 making the Hawaiian Islands NWR part of a 

monument that became the Papahānaumokuākea Marine National Monument (Monument) on March 6, 

2007 (PP 8112). 

Refuge Purpose(s):

The purpose of the Hawaiian Islands Reservation is “...as a preserve and breeding ground for native 

birds...” (EO 1019). 

The Monument covers a much larger area than the Refuge, but also includes the Refuge. The 

Monument’s establishing purpose is “...protecting the objects described above (coral, fish, birds, marine 

mammals, and other flora and fauna), all lands and interest in lands owned or controlled by the 

Government of the United States...” (PP 8031). 

Wilderness Management Objectives: 

Portions of the Hawaiian Islands NWR were proposed for designation as wilderness under the Wilderness 

Act of 1964. Per FWS policy and Department of the Interior regulation, proposed wilderness is managed 

to preserve its wilderness character until such time as Congress takes action on the proposal and managed 

according to wilderness management objectives found in 6 Refuge Manual 8.3: 

1. To manage the land to accomplish refuge purposes in such a way so as to preserve the wilderness 

resource for future benefit and enjoyment of the public; and 

2. To provide opportunities for education, research, solitude, and recreation where these activities 

are compatible with refuge purposes. 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee). 
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Description of Use(s): 

Commercial photography, video, filming, and audio recording (“recording”) are considered in this 

compatibility determination (CD). This use has occurred in the past (in recent years, 1-2 permits annually 

have been issued for this type of use on the Refuge) and future requests for this use are expected to grow. 

The use typically involves creating a documentary film, taking still photographs, or recording wildlife 

sounds for commercial purposes. Commercial “recording” activities not related to natural, historic, or 

cultural subjects are not covered under this CD (e.g., swimsuit calendar photography, filming a movie 

unrelated to the Refuge mission, etc.). For example, the permittee may wish to make a film on the variety 

of wildlife seen on the islands or on the life cycles of a specific animal or plant. After filming and 

editing, the permittee would attempt to sell the film to a commercial television station for viewing. 

People choose to engage in “recording” activities in the Hawaiian Islands NWR because of the pristine 

nature of the Refuge, and its exotic and approachable wildlife. Films, photographs, and other recordings 

made in this area are especially appealing to the general public because it exposes an exotic locale which 

is closed to general public access. 

Photography, video, filming, and audio recording of a noncommercial nature are addressed under separate 

CDs (Environmental Education and Interpretation, and Wildlife Observation and Photography). Also, 

this CD does not apply to bona fide news media activities, which are authorized under Co-Trustee 

Conservation and Management permits. 

Commercial photography, video, filming, and audio recording may be conducted on or around Refuge 

islands or waters within the areas of our jurisdiction. Although applications for this activity may be for 

any time during the year, some time restrictions may be required to limit disturbance. This may include 

such specifications as time of day and seasonal restrictions. 

A specific example of where this CD might apply is included within the Monument Management Plan as: 

1) Section 3.4.5, Activity CBO-2.3: Support other entities’ efforts to broaden knowledge of and 

appreciation for Monument resources and management priorities. 

The use may be conducted on foot, from the air, from boats and/or in the water using commercial 

recording equipment. Very specific conditions would be developed by the FWS to minimize or avoid 

adverse impacts to Monument resources and are listed under Stipulations Necessary to Ensure 

Compatibility in this document. 

In order to ensure there are no negative impacts to the Refuge or Monument resources, the applicant 

would first have to obtain a Monument permit, which is reviewed and signed by all Co-Trustees. 

Additionally, when conducting actual onsite operations, the applicant would be accompanied by a FWSapproved guide to ensure compliance of the permit conditions and prevent any unforeseen negative 

impacts to the Refuge or Monument resources. 

Availability of Resources: 

At present the Refuge can only accommodate one or two commercial photography, video, filming, and 

audio recording operations within a given year. If the number of applicants begins to increase, additional 

staffing would be required. The FWS requires the permittee to offset any cost incurred by the Refuge. 

FWS has some facilities and equipment available for this use, such as limited lodging and motorboats. 

FWS is responsible for the costs of upkeep and replacement of these items. 
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Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $2,250

Maintenance 

Monitoring & Research $1,750

Special equipment, facilities, or improvements 

Offsetting revenues actual costs

The above annual cost reflects cost to manage the program and prevent impacts to the natural resources. 

Estimated costs were calculated using 5% of the base cost of a GS-5 refuge biological technician and a 

5% cost of a GS-9 refuge manager assuming that this activity would use that “portion of a year” to 

administer. The one-time administration and monitoring cost reflects the approximate cost per 

commercial photography, video, filming, and audio recording operation incurred by the Refuge and the 

offsetting cost reflects the reimbursement provided by the permittee. The offsetting cost should always be 

equal to the Refuge-incurred cost and would come to the Refuge in the form of fees paid by the 

commercial photographers. These fees should at least equal our costs to administer the use, including any 

costs associated with facilities, equipment, supplies, and services. 

Transportation costs to reach the Refuge are paid by the participant or covered by another agency. 

Anticipated Impacts of the Use(s): 

Possible impacts from this use include: (1) disturbance to nesting and resting seabirds and other migratory 

birds; (2) disturbance to Hawaiian monk seals (Monachus schauinslandi) and/or green turtles (Chelonia 

mydas) swimming and feeding in the nearshore marine environment or resting on beaches; (3) disturbance 

to spinner dolphins (Stenella longirostris) swimming and feeding in the nearshore marine environment; 

(4) disturbance to fish, cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas 

laysanensis), Nihoa finches (Telespiza ultima), Nihoa millerbirds (Acrocephalus familiaris kingi), and 

Laysan finches (Telespiza cantans); (6) trampling of native plants and insects; (7) damage to corals; (8) 

accidental release of pollution and contaminants; and (9) the accidental introduction and establishment of 

nonnative species to the Monument. All recording activities would be designed and managed in a manner 

to eliminate or minimize these impacts. However, even with proper management and execution of a well 

planned project, certain behavioral responses in wildlife may occur that are not easily recognized by the 

casual observer. Some proposed activities will require further analysis and compliance by the agencies as 

more detailed information becomes available and specific plans are developed. These requirements may 

include additional analysis in accordance with NEPA, and consultation under ESA, Marine Mammal 

Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When participants are observing albatrosses, terns, boobies, Laysan ducks, 

or other species in the less visited areas, they would have the potential of greatly elevating stress hormone 

levels if the duration of the disturbance is excessive. Kitaysky et al. (2003) showed that limited duration 

disturbance, however, has only minor, short-term effects. Observation periods for any particular bird or 

group of birds would be kept to 15 minutes or less for this reason. Observations occurring from a blind 

can continue for up to 1 hour. It is important to note that even wildlife photography by professionals or 

amateurs can often be disturbing depending on the manner in which it is pursued. 
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Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). The historical record suggests that human access to the 

Northwestern Hawaiian Islands is increasing, and such activities may become a greater impediment to 

monk seal recovery if they are not limited to those compatible with wildlife conservation. From the 

1960s to the 1990s, decreases in monk seal populations at several locations (French Frigate Shoals, 

Midway Atoll, and Kure Atoll) have been associated with human disturbance (Gerrodette 1990). 

Recreational beach activities caused monk seals to alter their pupping and hauling patterns, and survival 

of pups in suboptimal habitats was low, leading to gradual population declines (Kenyon 1972). Human 

activity and disturbance caused incredible declines at Midway Atoll (Kenyon 1972). Beach counts of 

monk seals at Midway Atoll averaged 56 animals in the late 1950s, but declined severely by the late 

1960s with a single seal observed during an aerial survey in 1968. It is clear from these examples that 

monks seals are very sensitive to disturbance and proposed activities should be carefully monitored and, 

as appropriate, restricted so no further impacts to seals would occur. 

Increased use of Refuge waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats or snorkelers/divers with monk seals, sea turtles, spinner dolphins, 

cetaceans, and live corals. One accidental introduction of a nonnative species on a boat or dive 

equipment could devastate the Monument. The introduced sea star (Acanthaster planci) in Guam killed 1 

km of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5 year period along 38 

km of Guam's coastline (Chesher 1969). Any action of pursuit or annoyance from boats potentially 

disturbs marine mammals in the wild by causing disruption of their behavioral patterns or displacement 

from essential habitat areas, especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). 

Snorkel or dive operations also include the added risk of damaging living coral on the Refuge (Hawkins 

et al. 1999). Improper boat operation could result in localized impacts to the coral reef from repeated 

anchoring, touching, standing, or other avoidable physical disturbance to the coral. 

Due to the limited frequency of this activity, we do not expect any additional short-term, long-term, 

and/or cumulative and indirect/secondary impacts other than those normally associated with required 

existing FWS work. However, it is critical that all visitors follow all quarantine procedures to prevent the 

accidental introduction of nonnative species to the Monument. One invasive species has the potential to 

devastate the fragile ecosystem (Chesher 1969). It may be appropriate to set a limit to the number of 

participants allowed under this use even if staff are available to coordinate the activities. Proposed uses 

when transportation costs are not covered, quarantine procedures not followed, or there is an unnecessary 

risk to the natural and cultural resources of the Refuge and Monument would not be permitted. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through the Monument Web sites at 

http://www.fws.gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 

of 1966, as amended, and as determined by the Co-Trustees of the Monument. The Monument is of 

national interest; therefore, the availability of the Monument Management Plan (including the CDs) was 

advertised at the national level. 
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Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of Refuge and Monument conditions and restrictions is included in this CD 

and 50 CFR Part 27. Not all of these conditions and restrictions would apply to every use. The type of 

use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel to and from any of the islands must adhere to the “Special 

Conditions for Movement to and from Islands” which cover the quarantine requirements (Attachment 3). 

SPECIFIC TERMS AND CONDITIONS: 

All permit holders would be required to submit a report to the Refuge that summarizes their activities at 

the Refuge. The report would include at a minimum the following: title, fiscal year, progress, products 

and distribution, problems encountered, proposed resolution to problems, preparer, and date prepared. 

All projects would be monitored by Refuge staff to ensure the use remains compatible and resources 

(which include but are not limited to: nesting and resting seabirds and other migratory birds, Hawaiian 

monk seals, green turtles, spinner dolphins, fish, cetaceans, marine invertebrates, corals, Laysan ducks, 

Laysan finches, Nihoa finches, Nihoa millerbirds, native plants and insects, and cultural and historical 

resources) are not impacted. Staff will also monitor for the accidental release of pollution and 

contaminants, and the accidental introduction and establishment of nonnative species to the Refuge. 

Permittees are responsible for acquiring and/or renewing any necessary State and Federal permits prior to 

beginning or continuing their project. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 

The Refuge Manager can suspend/modify conditions/terminate a project that is already permitted and in 

progress, should unacceptable impacts or issues arise or be noted. 

All persons arriving to the Refuge are provided orientation materials and related information to minimize 

disturbance to wildlife (“wildlife viewing etiquette”). Specific restrictions (e.g., 150-foot minimum 

distance from seals, prohibition of access to heavily burrowed areas, etc.) are strictly enforced. The 

orientation materials include specific indicators of wildlife behavioral responses to disturbance, especially 

for the Hawaiian monk seal and green turtle, as well as appropriate visitor response to being approached 

by wildlife. The orientation also includes a visual demonstration of a 150-foot distance. The 150-foot 

distance is the minimum, however greater distances may be required depending upon the response of the 

wildlife. Information on the nesting locations of particularly rare species (e.g., white-tailed tropicbirds) 

may be withheld to protect these birds from disturbance. All persons arriving to the Refuge are required 

to go through orientation immediately upon arrival. 
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Permittees would not be allowed to approach closer than 150 feet to Laysan duck seeps unless authorized 

to do so by FWS staff. 

Vessels involved in permitted activities would be required to return to dock at least 1 hour before sunset, 

which would also enhance boat operators’ ability to avoid collisions with marine life. Permittees 

planning to engage in water-related activities during the albatross fledging season (June-July) would be 

thoroughly briefed on watching for shark activity, and water related activities are not permitted during 

peak shark foraging times (1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

Power boat operators may slow to allow observation, photography, or other recording of approaching 

spinner dolphins, but would neither pursue the dolphins nor specifically seek them out. If dolphins are 

encountered during transit between two points, we would allow the boat to slow and/or stop for 

observation, but entering the water would not be allowed. Routes to and from snorkeling/dive sites would 

be plotted to avoid known resting areas of spinner dolphins in the lagoon, as well as preferred Hawaiian 

monk seal haulout, molting, and pupping sites. 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. Anchors will be lowered into place rather than tossed overboard to control 

placement. 

Only four-stroke outboard motors would be used for boats. These motors are cleaner-running and quieter 

than two-stroke motors and would not exceed the Level A or Level B acoustic threshold for disturbance 

to marine mammals. No other loud sounds would be associated with this program. 

Permittee would be responsible to cover all Refuge costs associated with the recording activity. 

Permittee would be required to be accompanied by FWS-approved guides. 

Permittee would provide FWS and Co-Trustees with at least one free copy of all commercial products 

generated on the Refuge for noncommercial use promoting the Monument, Refuge, and the National 

Wildlife Refuge System. 

All commercial films, books, and other recordings of images and sounds collected on the Refuge would 

need to reference the fact that they were collected on the Refuge and also state in the products that the 

Refuge is closed to general public use. 

Justification: 

Allowing commercial photography, video, filming, and audio recording as an economic wildlifedependent use would contribute to the achievement of the Refuge purpose and the mission of the FWS. 

The products may reach groups of people that would not normally know about the Refuge. The services 

provided by commercial filmmakers are also beneficial to expand public appreciation for and 

understanding of unique wildlife, diverse native habitats, management programs, and the mission of the 

National Wildlife Refuge System. 

Conditions imposed by the Refuge and Monument in their permits for photography, video, filming, and 

audio recording would ensure that these wildlife-dependent activities occur without adverse effects to 

Refuge resources or other permittees. 
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This proposed activity contributes to the mission of the FWS. In addition to reaching the general public 

through educational wildlife media, the end products may provide an educational opportunity to a much 

broader distribution of people who may not have the opportunity to visit and personally view these 

remote and very unique resources. The media products produced by these commercial operations would 

also be beneficial in promoting the mission of the National Wildlife Refuge System. 

Mandatory 10- or 15-year Reevaluation Date: 

_____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

_____X_______ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 1019. 3 February 1909. Establishing the Hawaiian Islands Reservation. 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Gerrodette, T.G., and W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 
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Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 2416, 1940. Renaming the Hawaiian Islands Reservation as the Hawaiian 

Islands National Wildlife Refuge. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443) Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031) 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA.
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Refuge Determination:

Refuge Manager 

Approval: _________________________ Date:___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence: 

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 
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Finding of Appropriateness of a Refuge Use: Attachment 1 

Use: Sustenance Fishing 

Additional information regarding the U.S. Fish and Wildlife Service evaluation of proposed 

Sustenance Fishing at Hawaiian Islands National Wildlife Refuge, Papahānaumokuākea Marine 

National Monument. 

(c) The use is not consistent with applicable Executive orders and Department and Service 

policies: 

Presidential Proclamation 8031 states: “The Secretaries may permit sustenance fishing outside of 

any Special Preservation Area as a term or condition of any permit issued under this 

proclamation.” 

The Hawaiian Islands NWR is within Special Preservation Areas (SPAs) designated by 

Proclamation 8031. The authority to allow sustenance fishing within SPAs was not granted the 

Secretaries of Commerce and the Interior. Therefore, this proposed activity is not consistent 

with applicable Executive orders, etc., and is found Not Appropriate. 
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Compatibility Determination

Use: Operations of Monument Co-managing Agencies 

Station Name: Midway Atoll National Wildlife Refuge/Battle of Midway National 

Memorial, Papahānaumokuākea Marine National Monument 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is considered an unincorporated, insular area of the 

United States (General Accounting Office 1997), and lies outside the 

State of Hawai’i 

Establishing and Acquisition Authority(ies): 

Midway Atoll National Wildlife Refuge (NWR) was established in 1988 as an overlay Refuge by a 

cooperative agreement with the U.S. Navy (Navy) under the authority of the Fish and Wildlife Act of 

1956, Fish and Wildlife Coordination Act of 1934, and National Wildlife Refuge System Administration 

Act of 1966, as amended (U.S. Navy and U.S. Fish and Wildlife Service 1988). Under this agreement, 

administrative responsibility for the refuge was shared by the U.S. Fish and Wildlife Service (FWS) and 

the Navy. The Naval Air Facility at Midway was operationally closed in 1993. Facility cleanup was 

completed by June 30, 1997, when the Navy and its contractors departed. Jurisdiction and control for 

Midway Atoll were officially transferred from the Navy to the FWS under Executive Order (EO) 13022, 

signed by President Clinton on October 31, 1996, which superseded earlier orders that assigned 

responsibility for Midway to the Navy. Secretary of the Interior Babbitt signed Secretary’s Order 3217 

on September 13, 2000, designating Midway Atoll NWR concurrently as the Battle of Midway National 

Memorial. On June 15, 2006, President Bush signed Presidential Proclamation (PP) 8031 making 

Midway Atoll NWR part of a monument that became the Papahānaumokuākea Marine National 

Monument (Monument) on March 6, 2007 (PP 8112). Under PP 8031, Midway has unique authority and 

responsibility as a Special Management Area. 

Refuge Purpose(s): 

The following purposes were included in the cooperative agreement between the Navy and FWS (U.S. 

Navy and U.S. Fish and Wildlife Service 1988) under the Fish and Wildlife Act of 1956, Fish and 

Wildlife Coordination Act of 1934, and National Wildlife Refuge System Administration Act of 1966, as 

amended. Pertinent language in those statutes includes: 

1. ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services” (Fish and Wildlife Act of 1956). 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .” (Fish and 

Wildlife Coordination Act of 1934) 

3. “...consolidate the authorities... for... the conservation of fish and wildlife....” (National Wildlife 

Refuge System Administration Act of 1966, as amended) 

The following additional purposes were included in EO 13022, dated October 31, 1996, which transferred 

jurisdiction and control over the Midway Islands from the Navy to the U.S. Department of the Interior: 
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1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 

4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway’s historic 

significance. 

Additionally, PP 8031 established the Papahānaumokuākea Marine National Monument, which covers a 

much larger area than the Refuge, but also includes the Refuge. The Monument’s establishing purpose is 

“...protecting the objects described above (coral, fish, birds, marine mammals, and other flora and fauna), 

all lands and interest in lands owned or controlled by the Government of the United States...”. 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee)). 

Description of Use(s): 

Papahānaumokuākea Marine National Monument is co-managed by FWS, the National Oceanic and 

Atmospheric Administration (NOAA) and the State of Hawai‘i (State). Midway Atoll NWR is a part of 

the Monument. This compatibility determination (CD) covers joint operational activities within Midway 

Atoll NWR by NOAA and the State, which includes but is not limited to the joint use of facilities, small 

boats, vessels, and aircraft, and coordinated field activities. All activities covered under this CD are 

reviewed by the Co-Trustees through the Monument permitting process. 

Some examples of this joint-use include, but are not limited to, NOAA and the State: 1) sharing and using 

FWS living facilities, 2) conducting monitoring (not research) of plants and animals (research is 

addressed in a separate CD), 3) using FWS docking or landing facilities for their vessels and aircraft, and 

FWS, NOAA, and the State: 4) jointly using airplanes and ships for transporting supplies. 

More specific examples of where and under what conditions this CD would apply are listed in the 

Monument Management Plan under: 

1) Section 3.3.1, Activity MD-1.1, Continue working with partners to remove marine debris in the 

Monument and reduce additional debris entering the Monument. 

2) Section 3.2.1, Activity TES-1.2, Support and facilitate emergency response for monk seals. 

3) Section 3.6.3, Activity CFO-6.2, Within 2 years, station additional vessels at Midway for use 

during the summer marine research field season. 

Joint operations on Midway Atoll also are proposed within the Midway Atoll National Wildlife Refuge 

Conceptual Site Plan (see Appendix B). 
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This is not a wildlife dependent use as defined by the National Wildlife Refuge System Administration 

Act, as amended (16 U.S.C. 668dd-668ee). 

Most of the activities would occur on Sand Island, but could occur on or in any of the lands and/or waters 

of Midway Atoll NWR. 

These year-around, joint use and management activities occur throughout the Monument. This CD 

primarily covers facilities at Sand Island, use of small boats, vessels, and aircraft, and coordinated field 

activities within Midway Atoll NWR. By coordinating these field activities and sharing infrastructure 

and equipment, the Co-Trustees can ensure safe and efficient management and monitoring operations 

while avoiding or minimizing adverse impacts to the natural, cultural, and historic resources within the 

Monument. Current co-management uses include approximately 12 projects/programs, some of which 

are one-time or one-per-year events and others of which occur continuously, year-round. At any one 

time, these several projects/programs involve up to 15 people. Throughout the year, the number of people 

currently on the Refuge participating in this use averages 4-6, but could significantly increase in coming 

years. 

A Monument permit for all these types of operational activities is issued by the Co-Trustees. The permit 

contains standard and specific operating requirements. The Monument Management Board reviews all 

proposed activities by FWS, NOAA, State, and agency partners, contractors, and cooperators to ensure 

the protection of the Monument’s unique resources. 

This activity/use is proposed because the Presidential Proclamation 8031 establishes a coordinated regime 

within the Northwestern Hawaiian Islands. This allows all Monument personnel from FWS, NOAA, and 

the State to work together, and share facilities, equipment, and management activities. 

FWS has some facilities and equipment available for this use on Sand Island that includes office space, 

housing, motorboats, dive tanks, heavy equipment, harbor, piers, runway, dining hall, and tools. Users 

share the cost of maintenance and replacement of these items or supply their own for special operational 

needs. 

Availability of Resources: 

The availability of resources is not entirely applicable to this CD, because the three co-managing agencies 

generally share costs involved or exchange costs borne by one agency for in kind services. The FWS 

operates its stations under a full cost recovery requirement. Under situations where FWS costs are 

increased, such as travel to and onsite living on Sand Island, the FWS requires payment by the 

cooperating agency. A permanent operational presence of other agencies on Midway will increase annual 

maintenance, special equipment, facilities or improvement costs. Monument co-managing agencies will 

develop cooperating agreements that clearly identify the cost sharing arrangement s. Increases in these 

annual operating costs due to increased presence will be borne by the co-managing agencies with no 

additional cost borne by the FWS. 

Transportation costs to reach the Refuge are paid for by the individual agency or exchanged for in kind 

service. 
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Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $6,800

Maintenance NA

Monitoring & Research $6,000

Special equipment, facilities or improvements NA

Offsetting Revenues $0

The numbers above reflect the current estimated costs. Estimated costs for Administration and 

Management and Monitoring and Research were calculated using 8% of the base cost of a GS-13 refuge 

manager and a GS-12 assistant refuge manager assuming those activities would use that estimated 

“portion of a year” to administer. 

Anticipated Impacts of the Use(s): 

Possible impacts from persons involved in operations by Monument co-managing agencies include: 

(1) disturbance to nesting and resting seabirds and other migratory birds; (2) disturbance to Hawaiian 

monk seals (Monachus schauinslandi) and/or green turtles (Chelonia mydas) swimming and feeding in 

the nearshore marine environment or resting on beaches; (3) disturbance to spinner dolphins (Stenella 

longirostris) swimming and feeding in the nearshore marine environment; (4) disturbance to fish, 

cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas laysanensis); (6) 

trampling of native plants and insects; (7) damage to corals; (8) accidental release of pollution and 

contaminants; and (9) the accidental introduction and establishment of nonnative species to the 

Monument. All activities would be designed and managed in a manner to eliminate or minimize these 

impacts. Some proposed activities will require further analysis and compliance by the agencies as more 

detailed information becomes available and specific plans are developed. These requirements may 

include additional analysis in accordance with NEPA, and consultation under ESA, Marine Mammal 

Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When co-managers are observing and working in the vicinity of 

albatrosses, terns, boobies, Laysan ducks, or other species in the less visited areas, they would have the 

potential of greatly elevating stress hormone levels if the duration of the disturbance is excessive. 

Kitaysky et al. (2003) showed that limited duration disturbance, however, has only minor, short-term 

effects. Contact periods for any particular bird or group of birds would be kept to 15 minutes or less for 

this reason. It is important to note that even wildlife photography by professionals or amateurs can often 

be disturbing depending on the manner in which it is pursued. 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). From the 1960s to the 1990s, decreases in monk seal 

populations at several locations (French Frigate Shoals, Midway Atoll, and Kure Atoll) have been 

associated with human disturbance (Gerrodette 1990). Recreational beach activities caused monk seals to 

alter their pupping and hauling patterns, and survival of pups in suboptimal habitats was low, leading to 

gradual population declines (Kenyon 1972). Human activity and disturbance caused incredible declines 

at Midway Atoll (Kenyon 1972). Beach counts of monk seals at Midway Atoll averaged 56 animals in 

the late 1950s, but declined severely by the late 1960s with a single seal observed during an aerial survey 
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in 1968. Monks seals are very sensitive to disturbance and proposed activities should be carefully 

reviewed and, as appropriate, restricted so no further impacts to seals would occur. 

Increased use of Monument waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats, kayaks, or snorkelers/divers with monk seals, sea turtles, spinner 

dolphins, cetaceans, and live corals. One accidental introduction of a nonnative species on a boat or dive 

equipment could devastate the Monument. The introduced sea star (Acanthaster planci) in Guam killed 

1 km of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5 year period along 

38 km of Guam's coastline (Chesher 1969). Any action of pursuit or annoyance from boats potentially 

disturbs marine mammals in the wild by causing disruption of their behavioral patterns or displacement 

from essential habitat areas, especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). 

Snorkel or dive operations also include the added risk of damaging living coral on the Refuge (Hawkins 

et al. 1999). Improper boat operation could result in localized impacts to the coral reef from anchoring, 

touching, standing, or other avoidable physical disturbance to the coral. 

Each activity by any of the co-managing agencies would be carefully reviewed to eliminate if possible 

and/or prevent any significant short-term, long-term or cumulative impacts. All proposals would have to 

go through the Monument permitting process, which requires review by the other Monument CoTrustees. This high level of review would help ensure that impacts of any kind are carefully considered 

before any permit for co-managing agencies activities is issued. 

Proposals that may have a negative impact to the Refuge and/or Monument natural, cultural, or historic 

resources would not be permitted. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through Monument Websites at 

http://www/fws/gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 

of 1966, as amended, and as determined by the Co-Trustees of the Monument. The Monument is of 

national interest, therefore, the availability of the MMP (including the CDs) was advertised at the national 

level. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each co-manager would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of Refuge and Monument conditions and restrictions is included in this CD 

and/or 50 CFR Part 27. Not all of these conditions and restrictions would apply to every use. Depending 
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upon the type of use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel to and from any of the islands in the Monument must adhere to the 

“Special Conditions for Movement to and from Islands,” which cover the quarantine requirements 

(Attachment 3). 

SPECIFIC TERMS AND CONDITIONS: 

All projects would be monitored by Refuge staff to ensure the use remains compatible and natural, 

cultural, and historic resources (which include but are not limited to: nesting and resting seabirds and 

other migratory birds, Hawaiian monk seals, green turtles, spinner dolphins, fish, cetaceans, marine 

invertebrates, corals, Laysan ducks, native plants and insects, and cultural and historical resources) are not 

impacted. Staff will also monitor for the accidental release of pollution and contaminants, and the 

accidental introduction and establishment of nonnative species to the Monument. 

If the proposed activities would impact or potentially impact Monument resources (habitat or wildlife), it 

must be demonstrated that the activities are essential, and the co-manager must identify the issues in 

advance of the impact. Highly intrusive or manipulative activities are generally not permitted in order to 

protect native bird and marine mammal populations. 

Co-managers are responsible for acquiring and/or renewing any necessary State and Federal permits prior 

to beginning or continuing their project. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 

The Refuge Manager can suspend/modify conditions/terminate an activity that is already permitted and in 

progress on the Refuge, should unacceptable impacts or issues arise or be noted. 

The beaches on Spit and Eastern Island are closed (unless special permission is granted) as well as the 

southern and western beaches on Sand Island. Power boats are not allowed to travel closer than 500 feet 

from these closed beaches, except for activities occurring on Eastern Island that would necessitate tying 

up to the pier. 

Co-managers are provided cultural briefing information, as well as orientation materials and related 

information to minimize disturbance to wildlife (“wildlife viewing etiquette”). Specific restrictions (e.g., 

150-foot minimum distance from seals, prohibition of access to heavily burrowed areas, etc.) are strictly 

enforced. The orientation materials include specific indicators of wildlife behavioral responses to 

disturbance, especially for the Hawaiian monk seal and green sea turtle, as well as appropriate visitor 

response to being approached by wildlife. The orientation also includes a visual demonstration of a 150-

foot distance. The 150-foot distance is the minimum, however greater distances may be required 

depending upon the response of the wildlife. Information on the nesting locations of particularly rare 

species (e.g., white-tailed tropicbirds) may be withheld to protect these birds from disturbance. All 

Monument co-managers are required to go through orientation immediately upon arrival or early the next 

day in the case of an unusually late arrival. 

Monument co-managers who desire access to areas not generally open to the public would be required to 

abide by more detailed access restrictions and regulations to protect wildlife. At the discretion of the 

Refuge Manager, FWS-approved guides may be assigned to accompany co-managers into particularly 

sensitive areas. 
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All trips to Eastern Island for activities would be closely supervised by FWS-approved guides. Boats 

would tether to either end of the 150-foot pier, and disembarking passengers would be briefed on proper 

behavior to minimize disturbance to Hawaiian monk seals or green turtles that may be present. During 

periods of intensive tern nesting, routes would be carefully selected to minimize disturbance. Comanagers would be advised to travel in single file in an expeditious manner through the colony. 

Photography would be allowed at the beginning and end of such a transit, not in the middle, to reduce the 

length of disturbance to the core nesting population. Restrictions on access to sensitive areas would be 

enforced. Spit Island would be off limits unless they accompany FWS-approved guides and have FWS 

authorization. 

Co-managers would not be allowed to approach closer than 150 feet to Laysan duck seeps. 

Vessels involved in activities would be required to return to dock at least 1 hour before sunset, which 

would also enhance boat operators’ ability to avoid collisions with marine life. Within the inner harbor, 

boats must remain within speed limits of 10 knots. Co-managers planning to engage in water-related 

activities during the albatross fledging season (June-July) would be thoroughly briefed on watching for 

shark activity, and water related activities would not be permitted during peak shark foraging times 

(1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

Power boat operators may slow to allow observation of approaching spinner dolphins, but would neither 

pursue the dolphins nor specifically seek them out. If dolphins are encountered during transit between 

two points, we would allow the boat to slow and/or stop for observation, but entering the water would not 

be allowed. Routes to and from snorkeling/dive sites would be plotted to avoid known resting areas of 

spinner dolphins in the lagoon (Fig. 1), as well as preferred Hawaiian monk seal haulout, molting, and 

pupping sites. 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. 

Co-managers and their luggage would go through an inspection for insects and plants prior to departing 

Honolulu, and again when leaving Midway to reduce the possibility of alien species introductions. Comanagers would be asked to clean their shoes and other clothing before coming to Midway through 

advance introductory materials. Anyone bringing their own snorkel or dive gear to Midway would be 

required to treat the gear to prevent the inadvertent introduction or transmission of alien species. 

Only four-stroke outboard motors would be used for boats. These motors are cleaner-running and quieter 

than two-stroke motors and would not exceed the Level A or Level B acoustic threshold for disturbance 

to marine mammals. No other loud sounds would be associated with this program. 
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Figure 1. Occurrence, movements, and area use by Hawaiian spinner dolphins at Midway Atoll 

(courtesy of Dr. Leszek Karczmarkski) 

A review of files documenting past violations of closed beaches and/or monk seal disturbance shows that 

many of the people had not received orientation to the refuge and closed areas. Strict compliance with the 

orientation policy would address many of those types of violations. Some of the documented violations 

were clearly due to poor or nonexistent signing. A new sign plan would be developed by Refuge staff 

and all signs put in place by 2009. Temporary signs may be used prior to that time. Activities may be 

temporarily or permanently halted for purposeful violations of closed beached and endangered species 

regulations. 

Justification: 

Presidential Proclamation 8031 establishes a coordinated management regime for Papahānaumokuākea 

Marine National Monument. This allows all Monument personnel from FWS, NOAA, and the State to 

work together, and share facilities, equipment, and management activities so the Monument’s natural, 

cultural, and historic resources may be enjoyed and protected in perpetuity. The FWS, NOAA, and the 

State each have their own special expertise and experience and working together to achieve purposes of 

the Monument and the Refuge is cost-effective and produces synergistic benefits. 

Mandatory 10- or 15-year Reevaluation Date: 

_____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

_____X_______ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses) 
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NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 13022. 31 October 1996. Administration of the Midway Islands. Establishing Midway 

National Wildlife Refuge. (61 FR 56875). 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

General Accounting Office. 1997. U.S. Insular Areas. Report to the Chairmen, Committee on Resources, 

House of Representatives. Washington, D.C. 

Gerrodette, T.G., W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443) Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 
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Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 

Secretarial Order (Department of the Interior) 3217. 13 September 2000. Designation of the Battle of 

Midway National Memorial (67 FR 743 (No. 4) 7 January 2002). 

U.S. Fish and Wildlife Service. 2000. Update to U.S. Fish and Wildlife Service Manual Chapter 2 on 

compatibility: Part 603 National Wildlife Refuge System uses. Washington, D.C. 

U.S. Navy and U.S. Fish and Wildlife Service. 1988. Cooperative agreement for use of U.S. Navy lands 

and waters: Naval Air Facility, Midway Atoll for U.S. Fish and Wildlife Service conservation and 

management purposes. April 22, 1988. Barbers Point, HI and Portland, OR. U.S. Navy and U.S. Fish and 

Wildlife Service. 3 p. 
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Refuge Determination:

Refuge Manager 

Approval: _________________________ Date:___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence: 

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 
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Compatibility Determination

Use: Research and Surveys 

Station Name: Midway Atoll National Wildlife Refuge/Battle of Midway National 

Memorial, Papahānaumokuākea Marine National Monument 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is considered an unincorporated, insular area of the 

United States (General Accounting Office 1997), and lies outside the 

State of Hawai‘i 

Establishing and Acquisition Authority(ies): 

Midway Atoll National Wildlife Refuge (NWR) was established in 1988 as an overlay Refuge by a 

cooperative agreement with the U.S. Navy (Navy) under the authority of the Fish and Wildlife Act of 

1956, Fish and Wildlife Coordination Act of 1934, and National Wildlife Refuge System Act of 1966 

(U.S. Navy and U.S. Fish and Wildlife Service 1988). Under this agreement, administrative 

responsibility for the Refuge was shared by the U.S. Fish and Wildlife Service (FWS) and the Navy. The 

Naval Air Facility at Midway was operationally closed in 1993. Facility cleanup was completed by 

June 30, 1997, when the Navy and its contractors departed. Jurisdiction and control for Midway Atoll 

were officially transferred from the Navy to the FWS under Executive Order (EO) 13022, signed by 

President Clinton on October 31, 1996, which superseded earlier orders that assigned responsibility for 

Midway to the Navy. Secretary of the Interior Babbitt signed Secretary’s Order (SO) 3217 on 

September 13, 2000, designating Midway Atoll NWR concurrently as the Battle of Midway National 

Memorial. On June 15, 2006, President Bush signed Presidential Proclamation (PP) 8031 making 

Midway Atoll NWR part of a monument that became the Papahānaumokuākea Marine National 

Monument (Monument) on March 6, 2007 (PP 8112). Under PP 8031, Midway has unique authority and 

responsibility as a Special Management Area. 

Refuge Purpose(s): 

The following purposes were included the cooperative agreement between the Navy and FWS (U.S. Navy 

and U.S. Fish and Wildlife Service 1988) under the Fish and Wildlife Act of 1956, Fish and Wildlife 

Coordination Act of 1934, and National Wildlife Refuge System Administration Act of 1966. Pertinent 

language in those statutes includes: 

1. ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.” (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .” (Fish and 

Wildlife Coordination Act of 1934) 

3. “...consolidate the authorities... for... the conservation of fish and wildlife....” (National Wildlife 

Refuge System Administration Act of 1966, as amended) 

The following additional purposes were included in EO 13022, dated October 31, 1996, which transferred 

jurisdiction and control over the Midway Islands from the Navy to the U.S. Department of the Interior: 
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1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 

4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway’s historic 

significance. 

Additionally, PP 8031 established the Papahānaumokuākea Marine National Monument, which covers a 

much larger area than the Refuge, but also includes the Refuge. The Monument’s establishing purpose is 

“...protecting the objects described above (coral, fish, birds, marine mammals, and other flora and fauna), 

all lands and interest in lands owned or controlled by the Government of the United States....” 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee). 

Description of Use(s): 

When determined compatible on a refuge-specific basis, research, scientific collecting, and surveys 

(research) are allowable uses and are conducted on NWR lands and waters by independent researchers, 

partnering agencies, and educational groups. The FWS defines these uses as: 

• Research: Planned, organized, and systematic investigation of a scientific nature. 

• Scientific collecting: Gathering of refuge natural resources or cultural artifacts for scientific 

purposes. 

• Surveys. Scientific inventory or monitoring. 

The types of research vary greatly, but mostly revolve around birds, marine animals, sea turtles, coral 

reefs, the marine environment, fish population dynamics, marine debris, contaminants, habitat 

classification and restoration, and historic resources. 

Presently at Midway Atoll 14 research projects are ongoing, which is representative of the number of 

projects that has occurred at year at Midway for the past 5 years. This number is expected to greatly 

increase in the next 10 years. Current research projects include but are not limited to coral reef 

assessment, fledgling albatross movements, Bonin petrel (Pterodroma hypoleuca) abundance and 

distribution, juvenile reef fish recruitment, radio wave analysis, greenhouse gas monitoring, shark 

movement, and marine debris deposition analysis. The number of researchers on the Refuge ranges from 

0 to 10 people at one time. 
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More specific examples of where this CD might apply are included in the Monument Management Plan, 

which lists approximately 80 proposed actions that would generate a multitude of research projects in the 

future. These proposed actions fall under the following categories: Native Hawaiian culture and history, 

historic resources, maritime heritage, threatened and endangered species, migratory birds, habitat 

management and conservation, marine debris, alien species, and maritime transportation and aviation. 

Examples of such activities include: 

1) Section 3.2.1, Activity TES-4.2, Conduct studies to examine the correlation between reproductive 

success and contaminant loads. 

2) Section 3.2.2, Activity MTA-2.1, Conduct studies on potential aircraft and vessel hazards and 

impacts. 

Research proposals may be for any time of the year and on any of the islands and/or surrounding waters 

within the Refuge. However, the Refuge may limit the time and location of research projects to ensure 

that negative impacts to NWR resources are avoided or limited. 

Each research or survey project would undoubtedly have different protocols and methodologies; 

therefore, each study necessitates its own scientific review. Each research project would be carefully 

reviewed to prevent any significant short-term, long-term or cumulative impacts. New research requests 

would be evaluated by Refuge staff by comparing them to ongoing or recently completed research on the 

Refuge to determine if the species studied, methodologies used, or habitat type and locations may lead to 

undesirable cumulative impacts. All projects would be subjected to the Monument permitting process, in 

which the Refuge also participates. This high level of review would help ensure all levels and types of 

impacts are carefully considered before any permit for research is issued. Within the permit, conditions 

would be clearly defined so as to protect and conserve the existing natural, cultural, and historic resources 

found within the Monument. Standard and specific conditions are included in this CD under Stipulations 

Necessary to Ensure Compatibility. 

This use has been primarily proposed because the collecting and analyzing scientific data is extremely 

valuable to the FWS for its ongoing management of the Refuge and Monument. The gathered 

information would also used by other scientists and teachers around the world. The published 

manuscripts from this research help to disseminate the FWS mission and the significance of the 

Monument to other researchers and the public. 

The FWS has some facilities and equipment available for this use that include office space, housing, 

motorboats, dive tanks, and bird banding supplies. Users pay fees to use these facilities and equipment or 

they supply their own. 

Availability of Resources: 

Midway Atoll’s extreme remoteness makes the operation and maintenance of its airfield, harbor, 

buildings, and infrastructure very costly for FWS. Therefore, appropriate fees would be charged for 

research projects occurring at Midway Atoll to help FWS defray their operational costs. A complete and 

updated fee schedule can be found at the refuge internet website at: http://midway.fws.gov. 

The FWS has sufficient staffing and funding to administratively support and monitor research that is 

currently taking place. Any significant increase in the number of research projects would create a need 

for additional employees to oversee the administration and monitoring of the researchers and their 

projects. 
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Any significant additional cost to the Refuge caused by researchers must be offset by the sponsoring 

agency or organization. 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $4,000

Maintenance $10,000

Monitoring & Research $8,000

Special equipment, facilities or improvements $0

Offsetting revenues Some fees 

would be 

collected 

from 

researchers 

The numbers above reflect the current estimated costs. Estimated costs were calculated using 10 % of the 

base cost of a GS-11 refuge biologist and a 3 % cost of a GS-13 refuge manager assuming that this 

priority use would use that portion of a year to administer. Off-setting revenues are fees paid by 

researchers for their stay on Midway Atoll and obtaining a project permit. These fees include boat 

rentals, housing, a research/project fee as well as others, and would amount to approximately the cost of 

administering this use. 

Permittees would pay the cost of their transportation to the Refuge. 

Anticipated Impacts of the Use(s): 

Possible impacts from this use include: (1) disturbance to nesting and resting seabirds and other migratory 

birds; (2) disturbance to Hawaiian monk seals (Monachus schauinslandi) and/or green turtles (Chelonia 

mydas) swimming and feeding in the nearshore marine environment or resting on beaches; (3) disturbance 

to spinner dolphins (Stenella longirostris) swimming and feeding in the nearshore marine environment; 

(4) disturbance to fish, cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas 

laysanensis); (6) trampling of native plants and insects; (7) damage to corals; (8) accidental release of 

pollution and contaminants; and (9) the accidental introduction and establishment of nonnative species to 

the Monument. All research would be designed and managed in a fashion with the best intent to 

eliminate or minimize these impacts. However, even with proper management and execution of a well 

planned project, certain behavioral responses in wildlife may occur that are not easily recognized by the 

casual observer. Some proposed activities will require further analysis and compliance by the agencies as 

more detailed information becomes available and specific plans are developed. These requirements may 

include additional analysis in accordance with NEPA, and consultation under ESA, Marine Mammal 

Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When participants are observing albatrosses, terns, boobies, Laysan ducks, 

or other species in the less visited areas, they would have the potential of greatly elevating stress hormone 

levels if the duration of the disturbance is excessive. Kitaysky et al. (2003) showed that limited duration 

disturbance, however, has only minor, short-term effects. Observation periods for any particular bird or 

group of birds would be kept to 15 minutes or less for this reason, unless there is a justified research 
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question to answer and the length of time is acceptable. Observations occurring at the FWS blind placed 

at the water catchment area can continue for up to 1 hour. It is important to note that even wildlife 

photography by professionals or amateurs can often be disturbing depending on the manner in which it is 

pursued. 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). The historical record suggests that human access to the 

Northwestern Hawaiian Islands is increasing, and such activities may become a greater impediment to 

monk seal recovery if they are not limited to those compatible with wildlife conservation. From the 

1960s to the 1990s, decreases in monk seal populations at several locations (French Frigate Shoals, 

Midway Atoll, and Kure Atoll) have been associated with human disturbance (Gerrodette 1990). 

Recreational beach activities caused monk seals to alter their pupping and hauling patterns, and survival 

of pups in suboptimal habitats was low, leading to gradual population declines (Kenyon 1972). Human 

activity and disturbance caused incredible declines at Midway Atoll (Kenyon 1972). Beach counts of 

monk seals at Midway Atoll averaged 56 animals in the late 1950s, but declined severely by the late 

1960s with a single seal observed during an aerial survey in 1968. It is clear from these examples that 

monks seals are very sensitive to disturbance and proposed activities should be carefully reviewed and, as 

appropriate, restricted so no further impacts to seals would occur. 

Increased use of Refuge waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats, kayaks, or snorkelers/divers with monk seals, sea turtles, spinner 

dolphins, cetaceans, and live corals. One accidental introduction of a nonnative species on a boat or dive 

equipment could devastate Midway Atoll. The introduced sea star (Acanthaster planci) in Guam killed 

1 km of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5 year period along 

38 km of Guam's coastline (Chesher 1969). Any action of pursuit or annoyance from boats potentially 

disturbs marine mammals in the wild by causing disruption of their behavioral patterns or displacement 

from essential habitat areas, especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). 

Snorkel or dive operations also include the added risk of damaging living coral on the Refuge (Hawkins 

et al. 1999). Improper boat operation could result in localized impacts to the coral reef from repeated 

anchoring, touching, standing, or other avoidable physical disturbance to the coral. 

Although a single research project for a single year may cause few, if any, negative resource impacts, it 

may in fact cause cumulative impacts over multiple years or when considered additively with all research 

projects in the Monument. Therefore, it is critical for Monument managers to examine all projects with a 

multi-year timeframe in mind and consider all research that is planned concurrently in the Monument 

before approval is granted. It may be appropriate to set a limit to the number of research projects 

occurring in a particular habitat or relative to a single species or species group, even if staff are available 

to coordinate the projects. Based on the shorter-term nature of the majority of the 14 research projects 

currently occurring at Midway, the probability of cumulative impacts is low. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through the Monument Websites at 

http://www.fws.gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 

of 1966, as amended and as determined by the Co-Trustees of the. The Monument is of national interest; 

therefore, the availability of the Draft Monument Management Plan (including the CDs) was advertised at 

the national level. 
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Determination: 

___ Use is Not Compatible 

 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of Refuge and Monument conditions and restrictions is included in this CD 

and 50 CFR, Part 27. Not all of these conditions and restrictions would apply to every use. The type of 

use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel within the Monument to and from any of the islands must adhere to 

the “Special Conditions for Movement to and from Islands” which cover the quarantine requirements 

(Attachment 3). 

SPECIFIC TERMS AND CONDITIONS: 

All research permit holders would be required to submit an annual report to the Refuge that summaries 

their activities for a given year and a final report when the project is completed. The report would include 

at a minimum the following: study title, fiscal year, progress, important findings, problems encountered, 

proposed resolution to problems, disposition of any collected samples, preparer, and date prepared. 

All projects would be monitored by Refuge staff to ensure the use remains compatible and resources 

(which include but are not limited to: nesting and resting seabirds and other migratory birds, Hawaiian 

monk seals, green turtles, spinner dolphins, fish, cetaceans, marine invertebrates, corals, Laysan ducks, 

native plants and insects, and historical resources) are not impacted. Staff will also monitor for the 

accidental release of pollution and contaminants, and the accidental introduction and establishment of 

nonnative species to the Refuge. 

If the proposed research methods would impact or potentially impact Refuge resources (habitat or 

wildlife), it must be demonstrated that the research is essential (i.e., critical to survival of a species; 

Refuge islands provide only or critical habitat for a species; or assessment and/or restoration after 

cataclysmic events), and the researcher must identify the issues in advance of the impact. Highly 

intrusive or manipulative research is generally not permitted in order to protect native bird and marine 

mammal populations. 

Researchers are responsible for acquiring and/or renewing any necessary State and Federal permits prior 

to beginning or continuing their project. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 

Researchers will adhere to current species protocols for data collection. 
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The Refuge Manager can suspend/modify conditions/terminate on-refuge research that is already 

permitted and in progress, should unacceptable impacts or issues arise or be noted. 

The beaches on Spit and Eastern Island would be closed to researchers (unless special permission is 

granted) as well as the southern and western beaches on Sand Island. Power boats would not be allowed 

to travel closer than 500 feet from these closed beaches, except to tie up to the pier on Eastern Island. 

Visitors, researchers, and residents are provided orientation materials and related information to minimize 

disturbance to wildlife (“wildlife viewing etiquette”). Specific restrictions (e.g., 150-foot minimum 

distance from seals, prohibition of access to heavily burrowed areas, etc.) are strictly enforced. The 

orientation materials include specific indicators of wildlife behavioral responses to disturbance, especially 

for the Hawaiian monk seal and green turtle, as well as appropriate visitor response to being approached 

by wildlife. The orientation also includes a visual demonstration of a 150-foot distance. The 150-foot 

distance is the minimum, however greater distances may be required depending upon the response of the 

wildlife. Information on the nesting locations of particularly rare species (e.g., white-tailed tropicbirds) 

may be withheld to protect these birds from disturbance. All visitors, researchers, and new residents are 

required to go through orientation immediately upon arrival or early the next day in the case of an 

unusually late arrival. 

Researchers who desire access to areas not generally opens to the public would be required to obtain the 

appropriate Monument permit. These permits stipulate more detailed access restrictions and regulations to 

protect wildlife. At the discretion of the Refuge Manager, FWS-approved guides may be assigned to 

accompany researchers into particularly sensitive areas. Additional fees (approximately equal to the 

actual cost to the Refuge) would be charged for such special services. 

All trips to Eastern Island for research would be closely supervised by FWS-approved staff and/or guides. 

Boats would tether to either end of the 150-foot pier, and disembarking passengers would be briefed on 

proper behavior to minimize disturbance to Hawaiian monk seals or green turtles that may be present. 

During periods of intensive tern nesting, routes would be carefully selected to minimize disturbance. 

Visitors and researchers would be advised to travel in single file in an expeditious manner through the 

colony. Photography would be allowed at the beginning and end of such a transit, not in the middle, to 

reduce the length of disturbance to the core nesting population. Restrictions on access to sensitive areas 

would be enforced. Spit Island would be off limits for researchers unless they accompany FWS approved 

staff and/or guides or have FWS authorization. 

Visitors and researchers would not be allowed to approach closer than 150 feet to Laysan duck seeps. 

The blind at the water catchment basin would allow people to see the species without disturbing them. 

Vessels involved in research activities would be required to return to dock at least 1 hour before sunset, 

which would also enhance boat operators’ ability to avoid collisions with marine life. Within the inner 

harbor, boats must remain within speed limits of 10 knots. Visitors and researchers planning to engage in 

water-related activities during the albatross fledging season (June-July) would be thoroughly briefed on 

watching for shark activity, and water related activities are not permitted during peak shark foraging 

times (1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

Power boat operators may slow to allow visitor and researcher observation of approaching spinner 

dolphins, but would neither pursue the dolphins nor specifically seek them out. If dolphins are 

encountered during transit between two points, we would allow the boat to slow and/or stop for visitor 

and researcher observation, but entering the water would not be allowed. Routes to and from 

snorkeling/dive sites would be plotted to avoid known resting areas of spinner dolphins in the lagoon 

(Fig. 1), as well as preferred Hawaiian monk seal haulout, molting, and pupping sites. 
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Figure 1. Occurrence, movements, and area use by Hawaiian spinner dolphins at Midway 

Atoll (courtesy of Dr. Leszek Karczmarkski) 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. 

Only four-stroke outboard motors would be used for visitor and researcher boats. These motors are 

cleaner-running and quieter than two-stroke motors and would not exceed the Level A or Level B 

acoustic threshold for disturbance to marine mammals. No other loud sounds would be associated with 

this program. 

Power boats taking visitors and researchers to Eastern Island or snorkeling or diving may encounter 

spinner dolphins or, less frequently, green sea turtles while traversing the lagoon. Hawaiian monk seals 

are only rarely observed swimming in the lagoon. Boat operators would be fully briefed on known resting 

areas of spinner dolphins in the lagoon (Figure 1.1 above) and routes to and from snorkel and dive sites 

would be plotted to avoid these areas as well as preferred Hawaiian monk seal haulout, molting, and 

pupping sites. 

Visitors, researchers, and their luggage would go through an inspection for insects and plants prior to 

departing Honolulu, and again when leaving Midway to reduce the possibility of alien species 

introductions. Visitors and researchers would be asked to clean their shoes and other clothing before 

coming to Midway through advance introductory materials. Anyone bringing their own snorkel or dive 

gear to Midway would be required to treat the gear to prevent the inadvertent introduction or transmission 

of alien species. 

A review of files documenting past visitor/researcher violations of closed beaches and/or monk seal 

disturbance shows that many of the people had not received orientation to the Refuge and closed areas. 
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Strict compliance with the orientation policy would address many of those types of violations. Some of 

the documented violations were clearly due to poor or nonexistent signing. A new sign plan will be 

developed by Refuge staff and all signs put in place by 2009. Temporary signs may be used prior to that 

time. Research permits may be temporarily or permanently withdrawn for purposeful violations of closed 

beached and endangered species regulations. 

All publications would need to reference the fact that research took place on the Refuge. 

Justification: 

Research in the Monument is inherently valuable to the FWS, since it is intended to expand the 

knowledge base of those who are given the responsibility of managing the resources found within. This 

is particularly true in this case where many of the resources remain in pristine condition and detailed 

information is lacking from a portion of these species. In many cases, if it were not for the Refuges 

providing access to the lands and waters along with some support, the research would never take place 

and less scientific information would be available to FWS to aid in managing and conserving Midway’s 

and the Monument’s resources. 

Mandatory 10- or 15-year Reevaluation Date: 

____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

_____X______ Mandatory 10-year reevaluation date (for non-wildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 13022. 31 October 1996. Administration of the Midway Islands. Establishing Midway 

National Wildlife Refuge. (61 FR 56875). 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 
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General Accounting Office. 1997. U.S. Insular Areas. Report to the Chairmen, Committee on Resources, 

House of Representatives. Washington, D.C. 

Gerrodette, T.G., W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443). Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 

Secretarial Order (Department of the Interior) 3217. 13 September 2000. Designation of the Battle of 

Midway National Memorial (67 FR 743 (No. 4) 7 January 2002). 

U.S. Fish and Wildlife Service. 2000. Update to U.S. Fish and Wildlife Service Manual Chapter 2 on 

compatibility: Part 603 National Wildlife Refuge System uses. Washington, D.C. 

U.S. Navy and U.S. Fish and Wildlife Service. 1988. Cooperative agreement for use of U.S. Navy lands 

and waters: Naval Air Facility, Midway Atoll for U.S. Fish and Wildlife Service conservation and 

management purposes. April 22, 1988. Barbers Point, HI and Portland, OR. U.S. Navy and U.S. Fish and 

Wildlife Service. 3 p. 
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Refuge Determination:

Refuge Manager 

Approval: _________________________ Date:___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence: 

Refuge Supervisor 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System __________________________ Date___________ 

Pacific Region (Signature) 
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Finding of Appropriateness of a Refuge Use: Attachment 1 

Use: Cultural Resource Activities and Practices 

Additional information regarding the U.S. Fish and Wildlife Service evaluation of proposed Cultural 

Resource Activities and Practices at Midway Atoll National Wildlife Refuge/Battle of Midway National 

Memorial, Papahānaumokuākea Marine National Monument. 

d. The activity is not consistent with public safety. Since the activity may have failed to meet this 

requirement and consistent with relevant policy (603 FW 1.11 B.), the Refuge has completed an 

“Exceptional or Unique Circumstances Analysis” (see below). 

Exceptional or Unique Circumstances Analysis for Cultural Resource Activities and Practices at Midway 

Atoll National Wildlife Refuge/Battle of Midway National Memorial, Papahānaumokuākea Marine 

National Monument (603 FW 1.11 B.). 

The “Finding of Appropriateness of a Refuge Use” determination revealed that proposed Cultural 

Resources Activities and Practices may not be consistent with public safety. Despite the possibility of not 

meeting this requirement and consistent with relevant policy (603 FW 1.11 B.), the FWS has made a 

determination that the use is appropriate for the following reasons. 

 

• The use would only be allowed if it were also determined compatible. 

• This use is an important component of the Native Hawaiian culture and Proclamation 8031 

recognizes its significance and provided for this use when certain conditions are met. The FWS 

possesses the resources to manage this use at the current levels. 

• One or more support vessels would accompany Hawaiian sailing canoes during their voyages for 

safety. 
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Compatibility Determination

Use: Cultural Resource Activities and Practices 

Station Name: Midway Atoll National Wildlife Refuge/Battle of Midway National 

Memorial, Papahānaumokuākea Marine National Monument 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is considered an unincorporated, insular area of the 

United States (General Accounting Office 1997), and lies outside the 

State of Hawai‘i 

Establishing and Acquisition Authority(ies): 

Midway Atoll National Wildlife Refuge (NWR) was established in 1988 as an overlay Refuge by a 

cooperative agreement with the U.S. Navy (Navy) under the authority of the Fish and Wildlife Act of 

1956, Fish and Wildlife Coordination Act of 1934, and National Wildlife Refuge System Act of 1966 

(U.S. Navy and U.S. Fish and Wildlife Service 1988). Under this agreement, administrative 

responsibility for the Refuge was shared by the U.S. Fish and Wildlife Service (FWS) and the Navy. The 

Naval Air Facility at Midway was operationally closed in 1993. Facility cleanup was completed by 

June 30, 1997, when the Navy and its contractors departed. Jurisdiction and control for Midway Atoll 

were officially transferred from the Navy to the FWS under Executive Order (EO) 13022, signed by 

President Clinton on October 31, 1996, which superseded earlier orders that assigned responsibility for 

Midway to the Navy. Secretary of the Interior Babbitt signed Secretary’s Order (SO) 3217 on 

September 13, 2000, designating Midway Atoll NWR concurrently as the Battle of Midway National 

Memorial. On June 15, 2006, President Bush signed Presidential Proclamation (PP) 8031 making 

Midway Atoll NWR part of a monument that became the Papahānaumokuākea Marine National 

Monument (Monument) on March 6, 2007 (PP 8112). Under PP 8031, Midway has unique authority and 

responsibility as a Special Management Area. 

Refuge Purpose(s): 

The following purposes were included in the cooperative agreement between the Navy and FWS (U.S. 

Navy and U.S. Fish and Wildlife Service 1988) under the Fish and Wildlife Act of 1956, Fish and 

Wildlife Coordination Act of 1934, and National Wildlife Refuge System Administration Act of 1966. 

Pertinent language in those statutes includes: 

1. ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.” (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .” (Fish and 

Wildlife Coordination Act of 1934) 

3. “...consolidate the authorities... for... the conservation of fish and wildlife....” (National Wildlife 

Refuge System Administration Act of 1966, as amended) 

The following additional purposes were included in EO 13022, dated October 31, 1996, which transferred 

jurisdiction and control over the Midway Islands from the Navy to the U.S. Department of the Interior: 
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1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 

4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway’s historic 

significance. 

Additionally, PP 8031 established the Papahānaumokuākea Marine National Monument, which covers a 

much larger area than the Refuge, but also includes the Refuge. The Monument’s establishing purpose is 

“...protecting the objects described above (coral, fish, birds, marine mammals, and other flora and fauna), 

all lands and interest in lands owned or controlled by the Government of the United States....” 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee). 

Description of Use(s): 

Presidential Proclamation 8031 defines Native Hawaiian Practices as “...cultural activities conducted for 

the purposes of perpetuating traditional knowledge, caring for and protecting the environment, and 

strengthening cultural and spiritual connections to the Northwestern Hawaiian Islands that have 

demonstrable benefits to the Native Hawaiian community. This may include, but is not limited to, the 

non-commercial use of Monument resources for direct personal consumption while in the monument.” 

Cultural resource activities and practices are a means to honor and continue the traditional knowledge and 

practices that are vital to the Native Hawaiian community. They continue to remind and teach the Native 

Hawaiian connections and relationships that ancestors have passed down from generation to generation. 

Activities could involve, but are not limited to, voyaging by traditional sailing canoes with one or more 

support vessels to one or more of the islands within the Monument. The permittees would explore where 

ancestors traveled, teach others the Native Hawaiian culture and history, practice living and traveling as 

ancestors did, and make a spiritual connection with nature and the ancestors. The use may include 

overnight visits on some islands, sailing by canoe to the islands, celestial navigation, spiritual ceremonies, 

and presentation of offerings. The use may be conducted at any time during the year. 

More specific examples of where this CD might apply are listed in the Monument Management Plan 

under: 

1) Section 3.1.2, Activity NHCH-2.3, Facilitate field research and cultural education opportunities 

annually during the field season. 
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2) Section 3.1.2, Activity NHCH-2.6, Support Native Hawaiian cultural accesses to assure cultural 

research needs are met. 

The study and use of native fish, wildlife, plants, and their habitats by Native Hawaiians is integral to 

their cultural practices. However this activity is not a wildlife-dependent use as defined by the National 

Wildlife Refuge System Administration Act, as amended of 1997. 

This activity could include fishing and gathering of renewable natural resources for ceremonial, religious, 

nutritional, and other traditional cultural purposes. Resources of interest may include, but are not limited 

to, shed feathers, fish, shells, or salt. Gathering of resources of interest may be requested in Native 

Hawaiian Practices Permit applications and considered by Monument managers on a case-by-case basis. 

Approval of these requests must include, but are not limited to, consideration of surplus populations 

available for harvest; maintenance of biological integrity and diversity; maintenance of self-sustaining 

populations; permittee possession of other necessary permits (e.g., for migratory birds), etc. 

Since the establishment of the Monument, no Native Hawaiian Practices Permit has been issued for 

Midway Atoll. 

Native Hawaiian practitioners must first apply for and receive a permit from the Monument. After 

issuance, the practitioners would normally travel to Midway by boat or chartered aircraft. If the 

permittees are authorized to go into areas closed to public uses, an FWS-approved guide would 

accompany the parties to ensure the activity is compatible and not impacting other Refuge or Monument 

resources. 

The FWS has some facilities and equipment available for this use, which include meeting room space, 

housing, motorboats, and tools. Users pay fees to use these facilities and equipment or they supply their 

own. These facilities and equipment are used and maintained for the FWS and other visitor programs in 

addition to this proposed use. 

Availability of Resources: 

No funding presently exists specifically for this use. However, the occurrence of this activity is 

infrequent, thus the costs to the Refuge are minimal. The issuance of the permit and the FWS-approved 

guide for the cultural group account for the major costs of the use. 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $1,700

Maintenance $2,000

Monitoring $1,300 

Special equipment, facilities or improvements $2,000

Offsetting revenues $7,000

The numbers above reflect the current estimated costs. Estimated costs were calculated using 2% of the 

base cost of a GS-11 wildlife biologist and a 2% cost of a GS-13 refuge manager assuming that this 

priority use would use that portion of a year to administer. Off-setting revenues are fees paid by 

permittees for their stay on Midway Atoll and obtaining a project permit. These fees include boat rentals, 

housing, a research/project fee as well as others, and would amount to approximately the cost of 

administering this use. Annual offsetting revenues would be approximately equal to the annual FWS cost 

of this program. 
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Permittees would pay the cost of their transportation to the Refuge. 

Anticipated Impacts of the Use(s): 

Short-term impacts should be very minimal since the applicant must follow very strict permit regulations 

and have a FWS-approved guide if entering a closed area. Some minimal disturbance of wildlife may 

occur from the parties entering and leaving the islands. 

Possible impacts from this use include: (1) disturbance to nesting and resting seabirds and other migratory 

birds; (2) disturbance to Hawaiian monk seals (Monachus schauinslandi) and/or green turtles (Chelonia 

mydas) swimming and feeding in the nearshore marine environment or resting on beaches; (3) disturbance 

to spinner dolphins (Stenella longirostris) swimming and feeding in the nearshore marine environment; 

(4) disturbance to fish, cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas 

laysanensis); (6) trampling of native plants and insects; (7) damage to corals; (8) accidental release of 

pollution and contaminants; and (9) the accidental introduction and establishment of nonnative species to 

the Monument. All cultural activities would be designed and managed in a fashion with the best intent to 

eliminate or minimize these impacts. However, even with proper management and execution of a well 

planned project, certain behavioral responses in wildlife may occur that are not easily recognized by the 

casual observer. Some proposed activities will require further analysis and compliance by the agencies as 

more detailed information becomes available and specific plans are developed. These requirements may 

include additional analysis in accordance with NEPA, and consultation under ESA, Marine Mammal 

Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When participants are observing albatrosses, terns, boobies, Laysan ducks, 

or other species in the less visited areas, they would have the potential of greatly elevating stress hormone 

levels if the duration of the disturbance is excessive. Kitaysky et al. (2003) showed that limited duration 

disturbance, however, has only minor, short-term effects. Observation periods for any particular bird or 

group of birds would be kept to 15 minutes or less for this reason. 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). From the 1960s to the 1990s, decreases in monk seal 

populations at several locations (French Frigate Shoals, Midway Atoll, and Kure Atoll) have been 

associated with human disturbance (Gerrodette 1990). Recreational beach activities caused monk seals to 

alter their pupping and hauling patterns, and survival of pups in suboptimal habitats was low, leading to 

gradual population declines (Kenyon 1972). Human activity and disturbance caused incredible declines 

at Midway Atoll (Kenyon 1972). Beach counts of monk seals at Midway Atoll averaged 56 animals in 

the late 1950s, but declined severely by the late 1960s with a single seal observed during an aerial survey 

in 1968. Monks seals are very sensitive to disturbance and proposed activities should be carefully 

reviewed and, as appropriate, restricted so no further impacts to seals would occur. 

Increased use of Monument waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats, kayaks, or snorkelers/divers with monk seals, sea turtles, spinner 

dolphins, cetaceans, and live corals. One accidental introduction of a nonnative species on a boat or dive 

equipment could devastate the Monument. The introduced sea star (Acanthaster planci) in Guam killed 

1 km of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5 year period along 

38 km of Guam's coastline (Chesher 1969). Any action of pursuit or annoyance from boats potentially 
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disturbs marine mammals in the wild by causing disruption of their behavioral patterns or displacement 

from essential habitat areas, especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). 

Snorkel or dive operations also include the added risk of damaging living coral in the Refuge (Hawkins et 

al. 1999). Improper boat operation could result in localized impacts to the coral reef from anchoring, 

touching, standing, or other avoidable physical disturbance to the coral. 

Due to the very limited nature of this activity (i.e., less than 1 week), we do not expect any additional 

short-term, long-term, and/or cumulative and indirect/secondary impacts other than those normally 

associated with required existing FWS work. However, it is critical that all visitors follow all quarantine 

procedures to prevent the accidental introduction of nonnative species to the Monument. One invasive 

species has the potential to devastate the fragile ecosystem (Chesher 1969). It may be appropriate to set a 

limit to the number of participants allowed under this use even if staff are available to coordinate the 

activities. Proposed uses when transportation costs are not covered, quarantine procedures not followed, 

or there is an unnecessary risk to the natural and cultural resources of the Monument would not be 

permitted. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through the Monument Websites at 

http://www/fws/gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 

of 1966, as amended and as determined by the Co-Trustees of the Monument. The Monument is of 

national interest; therefore, the availability of the Draft Monument Management Plan (including the CDs) 

was advertised at the national level. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of Refuge and Monument conditions and restrictions is included in this CD 

and/or 50 CFR Part 27. Not all of these conditions and restrictions would apply to every use. The type of 

use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel within the Monument to and from Midway Atoll must adhere to the 

“Special Conditions for Movement to and from Islands” which cover the quarantine requirements 

(Attachment 3). 
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SPECIFIC TERMS AND CONDITIONS: 

All activities would be monitored by Refuge staff to ensure the use remains compatible and natural, 

cultural and historic resources (which include but are not limited to: nesting and resting seabirds and other 

migratory birds, Hawaiian monk seals, green turtles, spinner dolphins, fish, cetaceans, marine 

invertebrates, corals, Laysan ducks, native plants and insects, and cultural and historical resources) are not 

impacted. Staff will also monitor for the accidental release of pollution and contaminants, and the 

accidental introduction and establishment of nonnative species to the NWR. 

Permittees are responsible for acquiring and/or renewing any necessary State and Federal permits prior to 

beginning or continuing their project/use. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 

The Refuge Manager can suspend/modify conditions/terminate on-refuge activities that are already 

permitted and in progress, should unacceptable impacts or issues arise or be noted. 

The beaches on Spit and Eastern Island would be closed to permittees (unless special permission is 

granted) as well as the southern and western beaches on Sand Island. Power boats would not be allowed 

to travel closer than 500 feet from these closed beaches, except for guided tours to tie up to the pier on 

Eastern Island. 

Persons desiring access for cultural purposes to areas not generally open to the public would be required 

to obtain a Native Hawaiian Practices Permit from the Monument. These permit applications are reviewed 

by select cultural practitioners or cultural resource managers to ensure the proposed activities meet the 

findings outlined in the Proclamation. Permits issued may stipulate more detailed access restrictions and 

regulations to protect wildlife. At the discretion of the Refuge Manager, FWS-approved guides may be 

assigned to accompany permittees into particularly sensitive areas. Additional fees (approximately equal 

to the actual cost to the Refuge) may be charged for such special services. 

Visitors, permittees, and residents are provided cultural briefing information, as well as orientation 

materials and related information to minimize disturbance to wildlife (“wildlife viewing etiquette”). 

Specific restrictions (e.g., 150-foot minimum distance from seals, prohibition of access to heavily 

burrowed areas, etc.) are strictly enforced. The orientation materials include specific indicators of 

wildlife behavioral responses to disturbance, especially for the Hawaiian monk seal and green turtle, as 

well as appropriate visitor response to being approached by wildlife. The orientation also includes a 

visual demonstration of a 150-foot distance. The 150-foot distance is the minimum, however greater 

distances may be required depending upon the response of the wildlife. Information on the nesting 

locations of particularly rare species (e.g., white-tailed tropicbirds) may be withheld to protect these birds 

from disturbance. All visitors, permittees, and new residents are required to go through orientation 

immediately upon arrival or early the next day in the case of an unusually late arrival. 

Visitors and permittees would not be allowed to approach closer than 150 feet to Laysan duck wetlands. 

The blind at the water catchment basin would allow people to see the species without disturbing them. 

Vessels involved in permitted activities would be required to return to dock at least 1 hour before sunset, 

which would also enhance boat operators’ ability to avoid collisions with marine life. Within the inner 

harbor, boats must remain within speed limits of 10 knots. 
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Visitors and permittees planning to engage in water-related activities during the albatross fledging season 

(June-July) would be thoroughly briefed on watching for shark activity, and water related activities are 

not permitted during peak shark foraging times (1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

Power boat operators may slow to allow visitor and permittee observation of approaching spinner 

dolphins, but would neither pursue the dolphins nor specifically seek them out. If dolphins are 

encountered during transit between two points, we would allow the boat to slow and/or stop for visitor 

and permittee observation, but entering the water would not be allowed. Routes to and from 

snorkeling/dive sites would be plotted to avoid known resting areas of spinner dolphins in the lagoon 

(Fig. 1), as well as preferred Hawaiian monk seal haulout, molting, and pupping sites. 

Figure 1. Occurrence, movements, and area use by Hawaiian spinner dolphins at Midway Atoll (courtesy of 

Dr. Leszek Karczmarkski) 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. 

Only four-stroke outboard motors would be used for visitor and permittee boats. These motors are 

cleaner-running and quieter than two-stroke motors and would not exceed the Level A or Level B 

acoustic threshold for disturbance to marine mammals. No other loud sounds would be associated with 

this program. 

Power boats taking visitors and permittees to Eastern Island or snorkeling or diving may encounter 

spinner dolphins or, less frequently, green sea turtles while traversing the lagoon. Hawaiian monk seals 

are only rarely observed swimming in the lagoon. Boat operators would be fully briefed on known resting 

areas of spinner dolphins in the lagoon (Figure 1.1 above) and routes to and from snorkel and dive sites 

would be plotted to avoid these areas as well as preferred Hawaiian monk seal haulout, molting, and 

pupping sites. 
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A review of files documenting past visitor/permittee violations of closed beaches and/or monk seal 

disturbance shows that many of the people had not received orientation to the refuge and closed areas. 

Strict compliance with the orientation policy would address many of those types of violations. Some of 

the documented violations were clearly due to poor or nonexistent signing. A new sign plan would be 

developed by Refuge staff and all signs put in place by 2009. Temporary signs may be used prior to that 

time. Permits may be temporarily or permanently withdrawn for purposeful violations of closed beached 

and endangered species regulations. 

Visitors, permittees, and their luggage would go through an inspection for insects and plants prior to 

departing Honolulu and again when leaving Midway to reduce the possibility of alien species 

introductions. Visitors and permittees would be asked to clean their shoes and other clothing before 

coming to Midway through advance introductory materials. Anyone bringing their own snorkel or dive 

gear to Midway would be required to treat the gear to prevent the inadvertent introduction or transmission 

of alien species. 

Any proposed alteration of the Refuge’s natural or cultural resources through this use would be approved 

and overseen by FWS personnel. 

As part of their permit, users would be required to certify that their use of the Refuge and its natural and 

cultural resources, including any items collected from the Refuge, is of a noncommercial nature. 

Justification: 

This use is an important component of the Native Hawaiian culture, and Presidential Proclamation 8031 

recognizes its significance and provided for this use when certain conditions are met. The FWS possesses 

the resources to manage this use at the current levels. 

Mandatory 10- or 15-year Reevaluation Date: 

__________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

____X____ Mandatory 10-year reevaluation date (for non-wildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 
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April 2008 D-97 Appendix D: Compatibility Determinations 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 13022. 31 October 1996. Administration of the Midway Islands. Establishing Midway 

National Wildlife Refuge. (61 FR 56875). 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

General Accounting Office. 1997. U.S. Insular Areas. Report to the Chairmen, Committee on Resources, 

House of Representatives. Washington, D.C. 

Gerrodette, T.G., W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443) Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 

Secretarial Order (Department of the Interior) 3217. 13 September 2000. Designation of the Battle of 

Midway National Memorial (67 FR 743 7 January 2002). 

U.S. Fish and Wildlife Service. 2000. Update to U.S. Fish and Wildlife Service Manual Chapter 2 on 

compatibility: Part 603 National Wildlife Refuge System uses. Washington, D.C. 

U.S. Navy and U.S. Fish and Wildlife Service. 1988. Cooperative agreement for use of U.S. Navy lands 

and waters: Naval Air Facility, Midway Atoll for U.S. Fish and Wildlife Service conservation and 

management purposes. April 22, 1988. Barbers Point, HI and Portland, OR. U.S. Navy and U.S. Fish and 

Wildlife Service. 3 p. 
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Refuge Determination:

Refuge Manager 

Approval: _________________________ Date___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence: 

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System __________________________ Date___________ 

Pacific Region (Signature) 
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Compatibility Determination

Use: Commercial Photography, Videography, Filming, or Audio Recording 

Station Name: Midway Atoll National Wildlife Refuge/Battle of Midway National 

Memorial, Papahānaumokuākea Marine National Monument 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is considered an unincorporated, insular area of the 

United States (General Accounting Office 1997), and lies outside the 

State of Hawai‘i 

Establishing and Acquisition Authority(ies): 

Midway Atoll National Wildlife Refuge (NWR) was established in 1988 as an overlay Refuge by a 

cooperative agreement with the U.S. Navy (Navy) under the authority of the Fish and Wildlife Act of 

1956, Fish and Wildlife Coordination Act of 1934, and National Wildlife Refuge System Administration 

Act of 1966 (U.S. Navy and U.S. Fish and Wildlife Service 1988). Under this agreement, administrative 

responsibility for the Refuge was shared by the U.S. Fish and Wildlife Service (FWS) and the Navy. The 

Naval Air Facility at Midway was operationally closed in 1993. Facility cleanup was completed by 

June 30, 1997, when the Navy and its contractors departed. Jurisdiction and control for Midway Atoll 

were officially transferred from the Navy to the FWS under Executive Order (EO) 13022, signed by 

President Clinton on October 31, 1996, which superseded earlier orders that assigned responsibility for 

Midway to the Navy. Secretary of the Interior Babbitt signed Secretary’s Order (SO) 3217 on 

September 13, 2000, designating Midway Atoll NWR concurrently as the Battle of Midway National 

Memorial. On June 15, 2006, President Bush signed Presidential Proclamation (PP) 8031 making 

Midway Atoll NWR part of a monument that became the Papahānaumokuākea Marine National 

Monument (Monument) on March 6, 2007 (PP 8112). Under PP 8031, Midway has unique authority and 

responsibility as a Special Management Area. 

Refuge Purpose(s): 

The following purposes were included the cooperative agreement between the Navy and FWS (U.S. Navy 

and U.S. Fish and Wildlife Service 1988) under the Fish and Wildlife Act of 1956, Fish and Wildlife 

Coordination Act of 1934, and National Wildlife Refuge System Administration Act of 1966. Pertinent 

language in those statutes includes: 

1. ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services” (Fish and Wildlife Act of 1956). 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .” (Fish and 

Wildlife Coordination Act of 1934). 

3. “...consolidate the authorities... for... the conservation of fish and wildlife....” (National Wildlife 

Refuge System Administration Act of 1966, as amended) 

The following additional purposes were included in EO 13022, dated October 31, 1996, which transferred 

jurisdiction and control over the Midway Islands from the Navy to the U.S. Department of the Interior: 
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1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 

4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway’s historic 

significance. 

Additionally, PP 8031 established the Papahānaumokuākea Marine National Monument, which covers a 

much larger area than the Refuge, but also includes the Refuge. The Monument’s establishing purpose is 

“...protecting the objects described above (coral, fish, birds, marine mammals, and other flora and fauna), 

all lands and interest in lands owned or controlled by the Government of the United States...”. 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended, 16 U.S.C. 668dd-668ee). 

Description of Use(s): 

Commercial photography, videography, filming, and audio recording (“recording”) are considered a 

commercial use in this compatibility determination (CD). These activities for noncommercial purposes 

are considered under separate CDs (Environmental Education and Interpretation, and Wildlife 

Observation and Photography). Additionally, this CD does not apply to bona fide news media activities, 

which are authorized under Co-Trustee Conservation and Management permits. 

Commercial recording typically involves creating a documentary film, taking still photographs, or 

recording wildlife sounds that are intended to be or could be sold for income or revenue or traded for 

goods or services. Commercial “recording” of natural, historic, or cultural subjects are covered under this 

CD. An example of a covered activity would be a permittee who wishes to make a film on the variety of 

wildlife seen on the islands or on the life cycles of a specific animal or plant. After filming and editing, 

the permittee would attempt to sell the film to a commercial television station for viewing. 

Commercial “recording” activities not related to natural, historic, or cultural subjects are not covered 

under this CD (e.g., swimsuit calendar photography, filming a movie unrelated to the Refuge mission, 

etc.). 

Commercial recording activities may be conducted on or around Refuge islands or waters. Although 

applications for this activity may be for any time during the year, some time restrictions may be required 

to limit disturbance. This may include such things as time of day and seasonal restrictions. 
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More specific examples of where this CD might apply are listed in the Monument Management Plan as: 

1) Section 3.4.5, Activity CBO-2.3: Support other entities’ efforts to broaden knowledge of and 

appreciation for Monument resources and management priorities. 

The use may be conducted on foot, from the air, from boats and/or in the water using commercial 

recording equipment. Very specific conditions would be developed by FWS to minimize or avoid 

adverse impacts to Monument resources and are listed under Stipulations Necessary to Ensure 

Compatibility in this document. 

In order to ensure there are no negative impacts to the Refuge or Monument resources, the applicant 

would first have to obtain a Monument permit, which is reviewed and signed by all Co-Trustees. 

Additionally, when conducting actual onsite operations in areas not open to the public, the applicant 

would be accompanied by a FWS-approved guide to ensure compliance of the permit conditions and 

prevent any unforeseen negative impacts to the Refuge or Monument resources. 

Due of its commercial nature, this use is not a “wildlife-dependent public use” as defined by the National 

Wildlife Refuge System Administration Act of 1966, as amended. Therefore, it does not enjoy the special 

consideration in planning and management accorded those six wildlife-dependent uses. 

From 2002 to 2007, Midway Atoll has averaged approximately two groups consisting of 2-6 people 

participating in this use. 

This use is being proposed at Midway Atoll NWR because of the pristine nature of the Refuge and its 

abundance and diversity of wildlife and plants. Films, photographs, and other recordings made in this 

area are especially appealing to the general public, because they explore, explain, and share an exotic 

locale that is difficult to visit in person. 

Availability of Resources: 

At present the Refuge can accommodate the relatively small numbers (two groups of 2-6 people) of 

commercial photography, videography, filming, and audio recording operations within a given year. If 

the number of applicants begins to increase significantly, additional staffing would be required. The FWS 

has some facilities and equipment available for this use, which include meeting room space, housing, 

motorboats, and tools. Users pay fees to use these facilities and equipment or they supply their own. 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $3,000

Maintenance 

Monitoring $2,000

Special equipment, facilities or improvements 

Offsetting revenues actual costs

The above annual cost reflects cost to manage the program and prevent impacts to the natural resources. 

Estimated costs were calculated using 3% of the base cost of a GS-13 refuge manager and a 3% cost of a 

GS-11 wildlife biologist assuming that this activity would use that “portion of a year” to administer. The 

one-time administration and monitoring cost reflects the approximate cost per commercial photography, 

videography, filming, and audio recording operation incurred by the Refuge and the offsetting cost 

reflects the reimbursement provided by the permittee. The offsetting cost should always be equal to the 
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Refuge-incurred cost and would come to the Refuge in the form of fees paid by the commercial 

photographers. These fees must at least equal our costs to administer the use, including any costs 

associated with facilities, equipment, supplies, and services. 

Transportation costs to reach the Refuge are paid for by the participant or covered by another agency. 

Anticipated Impacts of the Use(s): 

Possible impacts from this use include: (1) disturbance to nesting and resting seabirds and other migratory 

birds; (2) disturbance to Hawaiian monk seals (Monachus schauinslandi) and/or green turtles (Chelonia 

mydas) swimming and feeding in the nearshore marine environment or resting on beaches; (3) disturbance 

to spinner dolphins (Stenella longirostris) swimming and feeding in the nearshore marine environment; 

(4) disturbance to fish, cetaceans, marine invertebrates, and corals; (5) disturbance to Laysan ducks (Anas 

laysanensis); (6) trampling of native plants and insects; (7) damage to corals; (8) accidental release of 

pollution and contaminants; and (9) the accidental introduction and establishment of nonnative species to 

the Monument. All recording activities would be designed and managed in a manner to eliminate or 

minimize these impacts. However, even with proper management and execution of a well planned 

project, certain behavioral responses in wildlife may occur that are not easily recognized by the casual 

observer. Some proposed activities will require further analysis and compliance by the agencies as more 

detailed information becomes available and specific plans are developed. These requirements may 

include additional analysis in accordance with NEPA, and consultation under ESA, Marine Mammal 

Protection Act, NHPA, and other relevant laws. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When participants are observing albatrosses, terns, boobies, Laysan ducks, 

or other species in the less visited areas, they would have the potential of greatly elevating stress hormone 

levels if the duration of the disturbance is excessive. Kitaysky et al. (2003) showed that limited duration 

disturbance, however, has only minor, short-term effects. Observation periods for any particular bird or 

group of birds would be kept to 15 minutes or less for this reason. Observations occurring from a blind 

can continue for up to 1 hour. It is important to note that even wildlife photography by professionals or 

amateurs can often be disturbing depending on the manner in which it is pursued. 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). The historical record suggests that human access to the 

Northwestern Hawaiian Islands is increasing, and such activities may become a greater impediment to 

monk seal recovery if they are not limited to those compatible with wildlife conservation. From the 

1960s to the 1990s, decreases in monk seal populations at several locations (French Frigate Shoals, 

Midway Atoll, and Kure Atoll) have been associated with human disturbance (Gerrodette 1990). 

Recreational beach activities caused monk seals to alter their pupping and hauling patterns, and survival 

of pups in suboptimal habitats was low, leading to gradual population declines (Kenyon 1972). Prior to 

its establishment and management as a national wildlife refuge, activity and disturbance caused incredible 

declines at Midway Atoll (Kenyon 1972). Beach counts of monk seals at Midway Atoll averaged 56 

animals in the late 1950s, but declined severely by the late 1960s with a single seal observed during an 

aerial survey in 1968. It is clear from these examples that monks seals are very sensitive to disturbance 

and proposed activities should be carefully reviewed and, as appropriate, restricted so no further impacts 

to seals would occur. 
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Increased use of Refuge waters also increases the potential for introductions of nonnative species and 

interactions (some negative) by boats, kayaks, or snorkelers/divers with monk seals, sea turtles, spinner 

dolphins, cetaceans, and live corals. One accidental introduction of a nonnative species on a boat or dive 

equipment could devastate the Monument. The introduced sea star (Acanthaster planci) in Guam killed 

1 km of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5 year period along 

38 km of Guam's coastline (Chesher 1969). Any action of pursuit or annoyance from boats potentially 

disturbs marine mammals in the wild by causing disruption of their behavioral patterns or displacement 

from essential habitat areas, especially if the cetaceans or seals are in a resting phase (Bejder et al. 1999). 

Snorkel or dive operations also include the added risk of damaging living coral on the Refuge (Hawkins 

et al. 1999). Improper boat operation could result in localized impacts to the coral reef from repeated 

anchoring, touching, standing, or other avoidable physical disturbance to the coral. 

Due to the very limited nature of this activity, we do not expect any additional short-term, long-term, 

and/or cumulative and indirect/secondary impacts other than those normally associated with required 

existing FWS work. However, it is critical that all visitors follow all quarantine procedures to prevent the 

accidental introduction of nonnative species to the Monument. One invasive species has the potential to 

devastate the fragile ecosystem (Chesher 1969). It may be appropriate to set a limit on the number of 

participants allowed under this use even if staff are available to coordinate the activities. Proposed uses 

when transportation costs are not covered, quarantine procedures not followed, or there is an unnecessary 

risk to the natural and cultural resources of the Refuge and Monument would not be permitted. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through Monument Web sites at 

http://www.fws.gov/pacificislands and http://hawaiireef.noaa.gov/. This level of review and comment 

was selected to meet FWS requirements under the National Wildlife Refuge System Administration Act 

of 1966, as amended, and as determined by the Co-Trustees of the Monument. The Monument is of 

national interest; therefore, the availability of the Monument Management Plan (including the CDs) was 

advertised at the national level. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of Refuge and Monument conditions and restrictions is included in this CD 

and 50 CFR, Part 27. Not all of these conditions and restrictions would apply to every use. Depending 

upon the type of use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel to and from any of the islands must adhere to the “Special 

Conditions for Movement to and from Islands” which cover the quarantine requirements (Attachment 3). 
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SPECIFIC TERMS AND CONDITIONS: 

All permit holders would be required to submit a report to the Refuge that summarizes their activities at 

the Refuge. The report would include at a minimum the following: title, fiscal year, progress, products 

and distribution, problems encountered, proposed resolution to problems, preparer, and date prepared. 

All projects would be monitored by Refuge staff to ensure the use remains compatible and resources 

(which include but are not limited to nesting and resting seabirds and other migratory birds, Hawaiian 

monk seals, green turtles, spinner dolphins, fish, cetaceans, marine invertebrates, corals, Laysan ducks, 

native plants and insects, and cultural and historical resources) are not adversely impacted. Staff will also 

monitor for the accidental release of pollution and contaminants, and the accidental introduction and 

establishment of nonnative species to the Refuge. 

Permittees are responsible for acquiring and/or renewing any necessary State and Federal permits prior to 

beginning or continuing their project. In addition, the agencies commit to consultation under the 

Endangered Species Act, Marine Mammal Protection Act, as appropriate, prior to initiation of any action 

that may affect any marine mammal or Federally-listed species or designated critical habitat. 

The Refuge Manager can suspend/modify conditions/terminate activities that are already permitted and in 

progress on the Refuge should unacceptable impacts or issues arise or be noted. 

The beaches on Spit and Eastern Island are closed to permittees (unless special permission is granted) as 

well as the southern and western beaches on Sand Island. Power boats are not allowed to travel closer 

than 500 feet from these closed beaches, except for guided tours to tie up to the pier on Eastern Island. 

Visitors, permittees, and residents are provided orientation materials and related information to minimize 

disturbance to wildlife (“wildlife viewing etiquette”). Specific restrictions (e.g., 150-foot minimum 

distance from seals, prohibition of access to heavily burrowed areas, etc.) are strictly enforced. The 

orientation materials include specific indicators of wildlife behavioral responses to disturbance, especially 

for the Hawaiian monk seal and green sea turtle, as well as appropriate visitor response to being 

approached by wildlife. The orientation also includes a visual demonstration of a 150-foot distance. The 

150-foot distance is the minimum, however greater distances may be required depending upon the 

response of the wildlife. Information on the nesting locations of particularly rare species (e.g., whitetailed tropicbirds) may be withheld to protect these birds from disturbance. All visitors, permittees, and 

new residents are required to go through orientation immediately upon arrival or early the next day in the 

case of an unusually late arrival. 

Permittees who desire access to areas not generally open to the public would be accompanied by FWSapproved guides into particularly sensitive areas. Additional fees (approximately equal to the actual cost 

to the Refuge) would be charged for such special services. 

All trips to Eastern Island would be closely supervised by FWS-approved guides. Boats would tether to 

either end of the 150-foot pier, and disembarking passengers would be briefed on proper behavior to 

minimize disturbance to Hawaiian monk seals or green sea turtles that may be present. During periods of 

intensive tern nesting, routes would be carefully selected to minimize disturbance. Permittees would be 

advised to travel in single file in an expeditious manner through the colony. Photography would be 

allowed at the beginning and end of such a transit, not in the middle, to reduce the length of disturbance 

to the core nesting population. Restrictions on access to sensitive areas would be enforced. Spit Island is 

off limits for permittees unless they accompany FWS-approved guides or have FWS authorization. 
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Permittees would not be allowed to approach closer than 150 feet to Laysan duck seeps unless authorized 

to do so by FWS staff. The blind at the water catchment basin would allow people to photograph the 

species without disturbing them. 

Vessels involved in activities would be required to return to dock at least 1 hour before sunset, which 

would also enhance boat operators’ ability to avoid collisions with marine life. Within the inner harbor, 

boats must remain within speed limits of 10 knots. 

Permittees planning to engage in water-related activities during the albatross fledging season (June-July) 

would be thoroughly briefed on watching for shark activity, and water related activities are not permitted 

during peak shark foraging times (1⁄2-hour before dusk to 1⁄2-hour after sunrise). 

Power boat operators may slow to allow permittee observation of approaching spinner dolphins, but 

would neither pursue the dolphins nor specifically seek them out. If dolphins are encountered during 

transit between two points, we would allow the boat to slow and/or stop for permittee observation, but 

entering the water would not be allowed. Routes to and from snorkeling/dive sites would be plotted to 

avoid known resting areas of spinner dolphins in the lagoon (Fig. 1), as well as preferred Hawaiian monk 

seal haulout, molting, and pupping sites. The only exception to this rule would be if the commercial 

photographer obtained the appropriate permits from the National Oceanic and Atmospheric 

Administration (NOAA) to specifically film cetaceans, seals, and turtles. 

Figure 1. Occurrence, movements, and area use by Hawaiian spinner dolphins at Midway Atoll 

(courtesy of Dr. Leszek Karczmarkski) 

To eliminate anchoring impacts on coral, boat operators would be required to anchor in known sand areas 

or tie up to a mooring buoy. 
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Only four-stroke outboard motors would be used for permittee boats. These motors are cleaner-running 

and quieter than two-stroke motors and would not exceed the Level A or Level B acoustic threshold for 

disturbance to marine mammals. No other loud sounds would be associated with this program. 

Power boats taking permittees to Eastern Island or snorkeling or diving may encounter spinner dolphins 

or, less frequently, green turtles while traversing the lagoon. Hawaiian monk seals are only rarely 

observed swimming in the lagoon. Boat operators would be fully briefed on known resting areas of 

spinner dolphins in the lagoon (Figure 1.1 above) and routes to and from snorkel and dive sites would be 

plotted to avoid these areas as well as preferred Hawaiian monk seal haulout, molting, and pupping sites. 

Permittees and their luggage would go through an inspection for insects and plants prior to departing 

Honolulu, and again when leaving Midway to reduce the possibility of alien species introductions. 

Permittees would be asked to clean their shoes and other clothing before coming to Midway through 

advance introductory materials. Anyone bringing their own snorkel or dive gear to Midway would be 

required to treat the gear to prevent the inadvertent introduction or transmission of alien species. 

A review of files documenting past visitor/permittee violations of closed beaches and/or monk seal 

disturbance shows that many of the people had not received orientation to the Refuge and closed areas. 

Strict compliance with the orientation policy would address many of those types of violations. Some of 

the documented violations were clearly due to poor or nonexistent signing. A new sign plan would be 

developed by refuge staff and all signs put in place in 2008. Temporary signs may be used prior to that 

time. Permits may be temporarily or permanently withdrawn for purposeful violations of closed beaches 

and endangered species regulations. 

All commercial films, books, and other recordings of images and sounds collected on the Refuge would 

need to reference the fact that they were collected on the Refuge. 

Permittee would provide FWS and Co-Trustees with at least one free copy of all commercial products 

generated on the Refuge for noncommercial use promoting the Monument, Refuge, and the National 

Wildlife Refuge System. 

Justification: 

Allowing commercial photography, videography, filming, and audio recording on the Refuge would 

contribute to the achievement of the Refuge purpose and the mission of the FWS. The products may 

reach groups of people who would not normally know about the Refuge. The services provided by 

commercial filmmakers are also beneficial to expand public appreciation and understanding of unique 

wildlife, diverse native habitats, and the mission of the National Wildlife Refuge System. 

Conditions imposed by the Refuge and Monument in their permits for photography, videography, filming, 

and audio recording would ensure that these activities occur without adverse effects to Refuge resources 

or other permittees. 

This proposed activity contributes to the mission of the FWS. In addition to reaching the general public 

through educational wildlife media, the end products may provide an educational opportunity to a much 

broader distribution of people who may not have the opportunity to view these remote and very unique 

resources. The products produced by these commercial operations would also be beneficial in promoting 

the mission of the National Wildlife Refuge System. 
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Mandatory 10- or 15-year Reevaluation Date: 

_____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

_____X_______ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 13022. 31 October 1996. Administration of the Midway Islands. Establishing Midway 

National Wildlife Refuge. (61 FR 56875). 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Gerrodette, T.G., and W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443) Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 
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Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 
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Refuge Determination:

Refuge Manager 

Approval: _________________________ Date:___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence:

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 
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Finding of Appropriateness of a Refuge Use: Attachment 1 

Use: Sustenance Fishing 

Additional information regarding the U.S. Fish and Wildlife Service evaluation of proposed Sustenance 

Fishing at Midway Atoll National Wildlife Refuge/Battle of Midway National Memorial, 

Papahānaumokuākea Marine National Monument. 

i. The project does not contribute to the public’s understanding and appreciation of the 

Refuge’s natural or cultural resources and is not beneficial to the Refuge’s natural or cultural 

resources. Since the activity has failed to meet this requirement, consistent with relevant 

policy (603 FW 1.11 B.) the Refuge has completed an “Exceptional or Unique Circumstances 

Analysis” (see below). 

Exceptional or Unique Circumstances Analysis for Sustenance Fishing at Midway Atoll National Wildlife 

Refuge/Battle of Midway National Memorial, Papahānaumokuākea Marine National Monument (603 FW 

1.11 B.). 

The “Finding of Appropriateness of a Refuge Use” determination revealed that proposed Sustenance 

Fishing would not contribute to the public’s understanding and appreciation of the Refuge’s natural or 

cultural resources and would not be beneficial to the Refuge’s natural or cultural resources. However, 

following the Refuge conditions for compatibility will establish that sustenance fishing will also not 

materially detract from these resources or the public’s understanding and appreciation of them. Despite 

not meeting this requirement and consistent with relevant policy (603 FW 1.11 B.), the Refuge has made 

a determination that the use is appropriate for the following reasons. 

• The use would not measurably harm cultural resources or populations of fish, wildlife, plants, or their 

habitats on the Refuge. 

• The use would not adversely impact the public’s understanding and appreciation of the Refuge’s 

natural or cultural resources. For those members of the public participating in the use incidental to a 

permit to conduct another activity, understanding and appreciation would increase. 

• The use would only be allowed if it were also determined compatible. 

• Resuming sustenance fishing at Midway Atoll National Wildlife Refuge/Battle of Midway National 

Memorial, Papahānaumokuākea Marine National Monument would enhance the quality of life for 

Monument employees and other permittees, many of whom are stationed at this remote location or on 

a vessel for extended periods of time, by providing fresh food at substantial savings to the 

Government. 

• Sustenance fishing is recognized as part of the culture and practices of Native Hawaiians and is 

allowed under Presidential Proclamation 8031. 

• Presidential Proclamation 8031 allows the Secretaries of the Interior and Commerce to issue 

permits for a variety of activities, including sustenance fishing incidental to other permitted activities.
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Compatibility Determination 

Use: Sustenance Fishing 

Refuge Name: Midway Atoll National Wildlife Refuge/Battle of Midway National 

Memorial, Papahānaumokuākea Marine National Monument 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is considered an unincorporated, insular area of the 

United States (General Accounting Office 1997), and lies outside the 

State of Hawai‘i 

Establishing and Acquisition Authority(ies): 

Midway Atoll National Wildlife Refuge (NWR) was established in 1988 as an overlay Refuge by a 

cooperative agreement with the U.S. Navy (Navy) under the authority of the Fish and Wildlife Act of 

1956, Fish and Wildlife Coordination Act of 1934, and National Wildlife Refuge System Administration 

Act of 1966, as amended (U.S. Navy and U.S. Fish and Wildlife Service 1988). Under this agreement, 

administrative responsibility for the Refuge was shared by the U.S. Fish and Wildlife Service (FWS) and 

the Navy. The Naval Air Facility at Midway was operationally closed in 1993. Facility cleanup was 

completed by June 30, 1997, when the Navy and its contractors departed. Jurisdiction and control for 

Midway Atoll were officially transferred from the Navy to the FWS under Executive Order (EO) 13022, 

signed by President Clinton on October 31, 1996, which superseded earlier orders that assigned 

responsibility for Midway to the Navy. Secretary of the Interior Babbitt signed Secretary’s Order 

(SO) 3217 on September 13, 2000, designating Midway Atoll NWR concurrently as the Battle of Midway 

National Memorial. On June 15, 2006, President Bush signed Presidential Proclamation (PP) 8031 

making Midway Atoll NWR part of a monument that became the Papahānaumokuākea Marine National 

Monument (Monument) on March 6, 2007 (PP 8112). Under PP 8031, Midway has unique authority and 

responsibility as a Monument Special Management Area. 

Refuge Purpose(s): 

The following purposes were included in the cooperative agreement between the Navy and FWS (U.S. 

Navy and U.S. Fish and Wildlife Service 1988) under the Fish and Wildlife Act of 1956, Fish and 

Wildlife Coordination Act of 1934, and National Wildlife Refuge System Administration Act of 1966. 

Pertinent language in those statutes includes: 

1. ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.” (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . . .” (Fish 

and Wildlife Coordination Act of 1934) 

3. “...consolidate the authorities... for... the conservation of fish and wildlife. . . .” (National 

Wildlife Refuge System Administration Act of 1966) 

The following additional purposes were included in EO 13022, dated October 31, 1996, which transferred 

jurisdiction and control over the Midway Islands from the Navy to the U.S. Department of the Interior: 
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1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 

4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway’s historic 

significance. 

Additionally, PP 8031 established the Papahānaumokuākea Marine National Monument, which covers a 

much larger area than the Refuge, but also includes the Refuge. The Monument establishing purpose is “. 

. . protecting the objects described above (coral, fish, birds, marine mammals, and other flora and fauna), 

all lands and interest in lands owned or controlled by the Government of the United States. . . .” 

National Wildlife Refuge System Mission: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans (National 

Wildlife Refuge System Administration Act of 1966, as amended (NWRS Administration Act, 16 

U.S.C. 668dd-668ee)). 

Description of Use(s): 

Presidential Proclamation 8031allows the Secretaries of the Interior and Commerce to issue permits for a 

variety of activities, for which sustenance fishing may be incidental. This compatibility determination 

(CD) was prepared to address and evaluate this type of fishing in the Monument at Midway Atoll NWR. 

Parts of the Proclamation applicable to this evaluation include the following: 

“The Secretaries, in their discretion, may issue a permit under this proclamation if the Secretaries 

find that the activity: (i) is research designed to further understanding of monument resources and 

qualities; (ii) will further the educational value of the monument; (iii) will assist in the 

conservation and management of the monument; (iv) will allow Native Hawaiian practices; 

(v) will allow a special ocean use; or (vi) will allow recreation activities.” 

“Sustenance fishing means fishing for bottomfish or pelagic species that are consumed within the 

monument, and is incidental to an activity permitted under this proclamation. The Secretaries 

may permit sustenance fishing outside of any Special Preservation Area as a term or condition of 

any permit issued under this proclamation. The Secretaries may not permit sustenance fishing in 

the Midway Atoll Special Management Area unless the activity has been determined by the 

Director of the United States Fish and Wildlife Service or his or her designee to be compatible 

with the purposes for which the Midway Atoll National Wildlife Refuge was established. 

Sustenance fishing must be conducted in a manner compatible with this proclamation, including 

considering the extent to which the conduct of the activity may diminish monument resources, 

qualities, and ecological integrity, as well as any indirect, secondary, or cumulative effects of the 

activity and the duration of such effects. The Secretaries would develop procedures for 

systematic reporting of sustenance fishing.” 
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The FWS proposes to allow limited sustenance fishing to occur in pelagic (greater than 200 foot depth) 

waters of the Midway Atoll NWR. Fishing would be primarily for tunas (Thunnus spp., Katsuwonus 

spp.), wahoo (Coryphaena bippurus), and mahimahi (Acanthocybium solandri). The Refuge Manager 

would allow limited numbers of these fish to be caught for consumption within the Midway Atoll NWR. 

Reef fish occur within or near the coral reef system within the Monument and many contain ciguatoxin, 

which can be dangerous or lethal if consumed by humans. Ciguatoxins are caused by the presence of 

certain microplankton or dinoflagellates naturally present in the marine ecosystem which bioaccumulate 

in some reef fish (Center for Disease Control and Prevention 2008). Ciguatera is defined as seafood 

poisoning due to ciguatoxin, a toxin acquired by eating fish that have consumed these microplankton or 

dinoflagellates, or fish that have consumed other fish that have become toxic. When humans eat these 

fish, they suffer seafood poisoning. Therefore, the only type fish suitable for consumption purposes are 

open-ocean or pelagic fish. 

Fishing for bottomfish is allowable under PP 8031. However, due to the depressed populations of 

bottomfish species (NMFS 2006; Heinemann et al 2005), indicators that food limitation may be a factor 

in survival of endangered Hawaiian monk seals (Antonelis et al 2004, p. 82), and the potential for direct 

(harmful) interactions between seals and bottomfish fishing gear; fishing for bottomfish is not deemed 

biologically compatible at this time. As with many reef fish, bottomfish including some grouper and 

snapper may also contain ciguatoxin and be poisonous to humans if consumed (Center for Disease 

Control and Prevention 2008). Therefore the remainder of this CD discusses sustenance fishing for 

pelagic species only. 

This CD discerns two basic groups conducting sustenance fishing for pelagics incidental to their 

permitted activity. The first is Co-Trustee agency personnel, volunteers, and contractors conducting 

sustenance fishing incidental to their Conservation and Management Permit. This includes land-based as 

well as ship-based personnel aboard vessels such as NOAA’s Hi‘ialakai. The second group is permittees 

operating under one of the five remaining permit types, specifically authorized to conduct sustenance 

fishing incidental to their primary permit activity. These non-Co-Trustee permittees could include, but 

are not limited to, both land- and vessel-based researchers, Native Hawaiian practitioners, and 

environmental educators. Except as noted, conditions and stipulations contained herein apply to both 

general groups. 

Fish would be caught by stiff rod and reel or hand lines and surface trolling a lure (e.g., composed of a jet 

head, squid squirt, leader) and hook. The lures would be trolled at a boat speed of greater than 7 knots to 

eliminate the possibility that seabirds would chase after the lure and become hooked. Retrieval will be 

rapid to avoid losing a fish to a shark and also hooking it in the process. For this reason, a simple hand 

line made of at least 150-lb test line or greater with a shock chord (e.g., surgical tubing to absorb the 

energy of the initial fish strike and to indicate that a fish is hooked) is effective and would not allow the 

fish to take additional line out. Fish would be “muscled” immediately to the boat to lessen shark bycatch. 

Fish would be bled into a container and iced immediately (but not frozen) to keep the meat fresh. 

For Co-Trustee agency personnel, authorization for sustenance fishing within the Monument is given to 

the Co-Trustee agencies through an annual Conservation and Management Permit. Therefore, sustenance 

fishing will be limited to those persons whose work and presence at Midway are authorized by that 

permit. On land, this generally includes FWS, NOAA and State personnel; long-term volunteers, and 

contractors. All fishing will be conducted from a federally owned, shore-based, power boat operated by 

an agency-certified boat operator (e.g., for the Department of the Interior, this is the Motorboat Operator 

Certification Course in accordance with 485 DM 22). For the FWS, the boat operator and anglers will be 

required to be off-duty in order to participate in this activity. Anglers will troll for pelagic fish with lures 
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as described previously. All fishing will be conducted for sustenance of the island community at the 

common table (i.e., the Midway galley called the “Clipper House”). Government vessel-based agency 

employees, volunteers, and contractors may fish for sustenance in accordance with their permit from their 

vessel in compliance with the conditions of this CD for the vessel’s common table. 

Other island-based permittees who have sustenance fishing listed in their Monument permit as an 

incidental activity and have access to a private vessel may also be allowed to sustenance fish to provide 

food for the island’s population. Refuge visitors or other agency personnel who arrive via their own 

vessel and who have a valid Monument permit that authorizes sustenance fishing will also be allowed to 

fish subject to notification of their intent to the Refuge Manager and their willingness to comply with 

Refuge regulations and stipulations as described herein. Unless specifically authorized through their 

permit, other visitors to Midway (including recreational visitors) are not authorized to conduct sustenance 

fishing as an incidental activity. 

All permittees engaged in sustenance fishing may only catch fish in quantities needed for immediate 

consumption within the Monument; such that fish will be consumed the same day as caught or 

refrigerated and eaten within 2 days of take. The intent of sustenance fishing under this CD is to provide 

fresh food for the common table (e.g., the Clipper House). Therefore, no fish taken under this permit will 

be frozen for later consumption, and the quantity of fish taken will not exceed what can be consumed by 

island residents or vessel occupants within that 2-day period. Although a limit on the number of fish 

allowed is stipulated here, if sufficient poundage of fish is caught to provide for the common table before 

the number limit of fish is reached; fishing will cease. An estimate of 50 lbs per fish was used in Figures 

1 and 2, below, although the average fish caught by FWS personnel at Midway Atoll NWR in the past 

was usually only 25 lbs. This conservative estimate is used to favor the continued sustainability and 

therefore continued compatibility of sustenance fishing. 

For Co-Trustee agency personnel, the use would include 26 boat trips each year based out of Midway 

Atoll, and the NOAA ships Oscar Elton Sette and Hi‘ialakai deploying 2-4 lines as they transit between 

research sites within the Monument (approximately 10 transit days at Midway each year). Shore-based 

boats are limited to 6 people or fewer aboard by the maximum number of trolling lines that can 

simultaneously be deployed from the stern of a small boat plus a boat operator and lookout, as well as 

reduce the possibility of multiple fish being simultaneously hooked and inadvertently exceeding the daily 

limit of fish. No data exists for past sustenance fishing effort or catch by other permittees, therefore, an 

estimate of up to 15 private vessels (e.g., sailboats) and 5 contract vessels (e.g., barges) may troll for fish 

enroute to or from Midway, but within Midway’s waters, each year. This estimate of private vessel 

requests may have to be adjusted based on actual experience over the next few years as the actual demand 

for sustenance fishing is established. We have no past experience of sustenance fishing from cruise ships, 

and as such, this use is not considered here. 

Collectively we will control the take of no more than 300 fish per year from Midway’s waters (208 to 

island residents and up to 92 more for vessel-based sustenance fishing). Conservatively this may equate 

to 15,000 pounds of fish, or 6.8 t. Based on actual experience, poundage would likely be half this 

estimate. This represents approximately 0.06% of the total catch of the three types of fish considered in 

this CD landed in 2003 by commercial fishers in both the main Hawaiian Islands and NWHI (WPFMC 

2005b). 

Availability of Resources: 

For the FWS, this activity occurs during nonworking hours and constitutes a very small portion of FWS 

staff time. The major cost of this activity is maintenance of FWS vessels, supplying fuel, monitoring the 

activity, and reporting catches. 
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Category and Itemization One time ($) Annual 

($/yr) 

Administration and Management $1,700

Maintenance $3,000

Monitoring $2,600

Boat Fuel $1,950

Offsetting revenues (estimated) $30,000

The numbers above reflect the current estimated costs. Estimated costs were calculated using 2% of the 

base cost of a GS-13 refuge manager and 4% of the base cost of a GS-11 wildlife biologist assuming that 

activity would use that estimated “portion of a year” to administer. Maintenance would consist of routine 

maintenance on the powerboats. Fuel would consist of approximately 15 gallons (at $5 per gallon) of 

gasoline per fishing trip with approximately one trip occurring every 2 weeks. Monitoring will consist 

primarily of staff time needed to collect, total, and transmit catch data in the required Monument permit 

reports and consult with NOAA Fisheries experts. Additional monitoring time will also be required for 

Refuge staff to conduct literature searches and/or correspond with researchers to stay current with 

available scientific data and opinion regarding populations of pelagic fish species in the North Pacific. 

The cost of shipping fresh fish to Midway (i.e., by air, not vessel) is approximately $9 per pound. The 

value of fresh fish caught between June 2006 and February 2007 (9 months) (50 fish at approximately 

50 lbs each, see Fig. 1) was approximately $22,500, or $30,000 per year. Using a more precise estimate 

of only 25 lbs per fish, this still yields an offsetting savings to the Government of $15,000. 

Anticipated Impacts of the Use(s): 

Possible impacts from persons involved in sustenance fishing include: (1) disturbance to flying, foraging, 

and resting seabirds and other migratory birds on the open ocean; (2) disturbance to Hawaiian monk seals 

(Monachus schauinslandi) and/or green turtles (Chelonia mydas) swimming, feeding, and resting in the 

open-ocean marine environment; (3) disturbance to spinner dolphins (Stenella longirostris) swimming, 

feeding, and resting in the open-ocean marine environment; (4) disturbance to fish, sharks, cetaceans, and 

marine invertebrates; (5) accidental release of pollution and contaminants; and (6) the accidental 

introduction and establishment of nonnative species to the Monument. All sustenance fishing would be 

designed and managed in a manner to eliminate or minimize these impacts. However, even with proper 

management and execution of a well planned activity, certain behavioral responses in wildlife may occur 

that are not easily recognized by the casual observer. Some proposed activities will require further 

analysis and compliance by the agencies as more detailed information becomes available and specific 

plans are developed. These requirements may include additional analysis in accordance with NEPA, and 

consultation under ESA, Marine Mammal Protection Act, NHPA, and other relevant laws. 

Seabirds 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al., 1995 and 

Kataysky et al., 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. When permittees are fishing near albatrosses, terns, boobies, or other 

species, they would have the potential of greatly elevating stress hormone levels if the duration of the 

disturbance is excessive. Kitaysky et al. (2003) showed that limited duration disturbance, however, has 

only minor, short-term effects. Trolling speeds would be maintained at a speed of greater than 7 knots to 

eliminate the risk of hooking seabirds and boats would steer around groups of fishing seabirds rather than 

navigating through them. 
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Hawaiian monk seals 

Human activities have played a major role in determining the status and trend of Hawaiian monk seals 

over the past two centuries (Ragen 1997). From the 1960s to the 1990s, decreases in monk seal 

populations at several locations (French Frigate Shoals, Midway Atoll, and Kure Atoll) have been 

associated with human disturbance (Gerrodette 1990). Human activity and disturbance caused incredible 

declines at Midway Atoll (Kenyon 1972). Beach counts of monk seals at Midway Atoll averaged 

56 animals in the late 1950s, but declined severely by the late 1960s with a single seal observed during an 

aerial survey in 1968. However, interactions between small boats operating in the open ocean and monk 

seals are very rare. In that rare instance where a passing boat operates near a swimming monk seal, the 

operator will be instructed to change course away from the seal and leave the area in which the seal is 

swimming. Any such instances are expected to produce only very short, minimal impacts to monk seals 

with no cumulative impacts. 

Invasive species 

Increased use of waters also increases the potential for introductions of nonnative species and interactions 

(some negative) by ships, boats, or fishermen. One accidental introduction of a nonnative species on a 

boat or fishing equipment could devastate the Monument. The introduced sea star (Acanthaster planci) in 

Guam killed 1 km of coral in a month in a narrow fringing coral reef and 90% of the coral in a 2.5-year 

period along 38 km of Guam's coastline (Chesher 1969). Refuge small boats involved in sustenance 

fishing do not leave Midway waters and therefore have no chance to accumulate and subsequently 

disperse nonnative species, although care is taken not to further distribute nonnative species from one site 

to another within the atoll. Visiting ships and boats must meet Monument requirements for hull 

inspection and cleaning so the chances of introductions coming from those vessels are small. 

 

Fish 

Many pelagic fish considered in this CD for sustenance fishing (including tunas) have high fecundity, 

with females spawning several million eggs per year. Age and size at first maturity are variable. 

Skipjack are generally 18 inches at 5 years. Tuna species considered here have high levels of absolute 

recruitment (WPFMC 2005a). The population dynamics of many pelagic species differ and, as such, 

affect the impacts of catch. Skipjack tuna, for example, are short lived and fast growing, with high 

natural mortality and a large standing stock size. These characteristics suggest moderate levels of fishing 

can be sustained without materially detracting from the population. Likewise, yellowfin tuna are fast 

growing but they live longer and have more moderate natural mortality and smaller standing stock 

(WPRFC 2005a). 

A 2003 report on commercial fisheries in the main and NWHI documents that long-line, handline, and 

pole and line fishing landed more than 10,250 t of tuna species (primarily bigeye and yellowfin), 600 t of 

Coryphaena (mahimahi), and 450 t of Acanthocybium (ono) (WPFMC 2005b). The annual catch of these 

pelagic fish probably depends on overall abundance, but the availability of fish to Hawai‘i's pelagic 

fisheries is also highly seasonal (Yoshida 1974), suggesting that highly mobile pelagic fish change their 

distribution in response to environmental conditions (Mendelssohn and Roy 1986) or to enter different 

areas for reproduction. 

Of sustenance catches, staff fishing aboard NOAA vessels in the Monument caught a total of 130 fish in 

2007, 95% of which were pelagic (Fig. 1). No weights were taken on the fish, but catch weight was 

estimated at 6,500 lbs or 2.95 t (Fig. 1). 

By policy FWS staff stationed in the Hawaiian Islands NWR conducted no fishing in 2007 and have not 

done so for at least the 6 years. The FWS staff based at Midway Atoll NWR engaged in sustenance 

fishing aboard FWS vessels in the Monument caught at total of 50 fish from June 2006 to February 2007 
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(9 months, including the most fishing productive summer months), all of which were pelagic. No weights 

were taken on the fish, but catch weight was estimated at 2,500 lbs or 1.13 t (Fig. 2). By policy FWS 

sustenance fishing at Midway Atoll has not occurred since February 2007. Obtaining actual weights will 

be required as part of any future sustenance fishing and subsequent reporting requirements. 

Based on fishing reports from FWS and NOAA, a relatively low number of fish have been extracted from 

the Monument in recent times. If these trends continue at these levels, it appears as though sustenance 

pelagic fishing would not materially detract from the populations of these fish occurring in the 

Monument. At this time, data are not available for the last 5-10 years to see how recent catches compare 

to the past. No data are available on fishing effort, number of sharks caught, and bycatch. 

Figure 1. Fish caught (scientific name, common name, local name) by the NOAA vessels in the entire 

Monument during 2007 under sustenance fishing (NOAA unpub. data). Weights were not taken on these 

fish, so a liberal average weight of 50 lbs was applied to estimate total weight of the fish at (130 x 50 lbs): 

6,500 lbs or 2.95 t. 

Figure 2. Fish caught (scientific name, common name, local name) by shore-based FWS vessels from 

sustenance fishing in the Midway Atoll NWR from June 2006 to February 2007 (FWS unpub. data). 

Weights were not available for these fish, so a liberal average weight of 50 lbs was applied to estimate total 

weight of the fish at (50 x 50 lbs): 2,500 lbs or 1.13 t. 

The number of persons presently engaged in this activity is limited, and the catch is insignificant when 

compared to the quantity of fish landed prior to Monument establishment, and the relative fishing area 

compared to the size of the Monument. All catch data will be annually summarized and reported to 

Monument managers to determine if catch levels are acceptable and the activity remains compatible. No 

short-term impacts from this activity are anticipated. Summarized yearly catch data (including accidental 

catch of or interactions with seabirds, seals, turtles, sharks, and nontarget fish) will be used by Monument 

managers to evaluate continuation of this activity. 

Common Local No. 

Species Name Name Caught Year

Acanthocybium solandri Wahoo Ono 55 2007

Thunnus spp. (obesus + albacares) Tuna ‘Ahi 55 2007

Euthynnus affinis Makeral Tuna Kavakava 9 2007

Thunnus albacares Yellofin Tuna Yellowfin ‘Ahi 5 2007

Aprion virescens Green jobfish Uku 3 2007

Pristipomoides sieboldii Lavender jobfish Kalikali 1 2007

undetermined Red Taka 1 2007

undetermined Pupu 1 2007

Common Local No. 

Species Name Name Caught Year

Acanthocybium solandri Wahoo Ono 13 2006 - 2007

Thunnus spp. (obesus + albacares) Tuna ‘Ahi 15 2006 - 2007

Euthynnus affinis Makeral Tuna Kavakava 5 2006 - 2007

Thunnus albacares Yellofin Tuna Yellowfin ‘Ahi 17 2006 - 2007
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Public Review and Comment 

This determination was issued for public review and comment as part of the Papahānaumokuākea Draft 

Monument Management Plan. The plan and associated compatibility determinations were also made 

available through printed copies upon request and through Monument Web sites at 

http://www.fws.gov/pacificlsands and http://hawaiireef.noaa.gov/. This level of review and comment was 

selected to meet FWS requirements under the National Wildlife Refuge System Administration Act of 

1966, as amended, and as determined by the Co-Trustees of the Monument. The Monument is of national 

interest, therefore, the availability of the draft Monument Management Plan (including the CDs) was 

advertised at the national level. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

GENERAL TERMS AND CONDITIONS: 

Each permittee would be required to adhere to all general conditions specified by the Monument CoTrustees in their joint permit (Attachment 1). 

A more comprehensive list of Refuge and Monument conditions and restrictions is included in this CD 

and 50 CFR Part 27. Not all of these conditions and restrictions would apply to every use. Depending 

upon the type of use and where the activity occurs would drive which are relevant (Attachment 2). 

All persons participating in the travel to and from any of the islands must adhere to the “Special 

Conditions for Movement to and from Islands” which cover quarantine requirements (Attachment 3). 

SPECIFIC TERMS AND CONDITIONS: 

Reporting requirements: For island residents, fish catch (including species, weights, lengths, and GPS 

location of catch), fishing effort, bycatch (including accidental catch of or interactions with seabirds, 

seals, turtles, sharks, and nontarget fish), and date of activity will be recorded after each trip and filed in 

the Refuge office. Vessel based permittees engaged in sustenance fishing will report fish catch (including 

species, weights, lengths, and GPS location of catch), fishing effort, bycatch (including accidental catch 

of or interactions with seabirds, seals, turtles, sharks, and nontarget fish), and date of the activity to the 

Refuge Manager on a trip by trip basis. All catch data will be annually summarized and reported to 

Monument managers to determine if catch levels are acceptable and the activity remains compatible. All 

sustenance fishing would be monitored by Refuge staff to ensure the use remains compatible and 

resources are not impacted. Such monitoring would include but is not limited to: (1) disturbance to 

flying, foraging, and resting seabirds and other migratory birds on the open ocean; (2) disturbance to 

Hawaiian monk seals (Monachus schauinslandi) and/or green turtles (Chelonia mydas) swimming, 

feeding, and resting in the open-ocean marine environment; (3) disturbance to spinner dolphins (Stenella 

longirostris); (4) disturbance to fish, sharks, cetaceans, and marine invertebrates; (5) accidental release of 

pollution and contaminants; and (6) the accidental introduction and establishment of nonnative species to 

the Monument. 
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Sustenance fishing limits for Midway Atoll residents will be set at no more than 6 fish per day and 208 

fish per year, taken on no more than 26 boat trips (with 6 people or fewer aboard). Although a limit on 

the number of fish allowed is stipulated here, if sufficient poundage of fish is caught to provide for the 

common table before the number limit of fish is reached; fishing will cease. The annual take limit will 

ensure that the total take does not exceed an annual average of four fish taken per week. The daily catch 

limit for Midway residents under this determination is based on the estimated amount that can be 

reasonably consumed by island residents within 2 days. The Co-Trustee vessels fishing in Midway’s 

waters will also be limited to the number of fish or poundage needed to provide fresh fish for all 

personnel onboard the ship on that day. Up to 15 private vessels (e.g., sailboats) and 5 contract vessels 

(e.g., barges) may troll for fish, if authorized, en route to or from Midway, but within Midway waters, 

each year. Vessel-based sustenance will not take more than 4 fish per day total, up to 92 per year. 

Sustenance fishing will be conducted from ships by deploying 2- 4 lines as they transit Midway’s pelagic 

waters. Collectively there will be no more than 300 fish taken for sustenance per year from Midway’s 

waters (208 to island residents and up to 92 more for vessel-based sustenance fishing). Conservatively 

this may equate to 15,000 pounds of fish, or 6.8 t. 

Lures will be trolled at a speed of at least 7 knots to prevent hooking albatrosses, boobies, and other 

seabirds that follow fishing boats. Seabirds are able to ingest lures trolled at slower speeds. Squid, fish, 

and other animal products would not be allowed for fishing – only artificial bait. 

To avoid hooking sharks, predatory reef fish (i.e., giant trevally or white ulua (Caranx ignobilis), monk 

seals, and other nontarget species, only artificial lures will be used and trolling will occur in a water depth 

of at least 200 feet. Caught fish will be bled so the blood does not enter the ocean and attract sharks 

during the fishing activity. 

In an effort to prevent sharks from eating a hooked fish and also becoming hooked, fish will be brought 

into the boat as quickly as possible using hand lines or stiff rods with heavy test line (> 150 lbs) set with a 

heavy drag. 

Fishing for bottomfish is not allowed. 

All fishing gear will be cleaned using a mild bleach solution before use in the Monument and must also 

be cleaned according to quarantine procedures (Attachment 3). The bleach solution would be disposed of 

properly. 

Fishing boats are required to navigate around aggregations of foraging (fishing) or resting seabirds, rather 

than navigate through them. 

All fish other than common pelagic fish such as tuna species (‘ahi) (Thunnus spp., Katsuwonus spp.), 

mahimahi (Coryphaena bippurus), and wahoo (ono) (Acanthocybium solandri) will be released 

unharmed. 

Permittees engaged in sustenance fishing may only catch fish in a quantity needed for consumption within 

the Monument. Fish caught by island residents are for consumption by island residents at the common 

table (i.e., Clipper House). Fish caught by vessel-borne permittees are for consumption by the vessel 

occupants at the common table. 

Island-based vessels involved in fishing are required to return to dock at least 1 hour before sunset, which 

enhances boat operators’ ability to avoid collisions with marine life. 
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Power boat operators may slow to allow permittee observation of approaching spinner dolphins, but 

would neither pursue the dolphins nor specifically seek them out. 

Only four-stroke outboard motors would be used for permittee boats. These motors are cleaner-running 

and quieter than two-stroke motors and would not exceed the Level A or Level B acoustic threshold for 

disturbance to marine mammals. No other loud sounds would be associated with this program. 

Justification: 

Proclamation 8031 bans most resource extraction but allows the Secretaries to permit sustenance fishing 

incidental to other permitted activities. 

Sustenance fishing will enhance the quality of life for Refuge employees, contractors, volunteers, and 

other permittees, many of whom are stationed in remote locations and/or on a vessel for extended periods 

of time. It will also provide a source for fresh fish that is difficult and expensive to transport from 

commercial sources in Honolulu due to logistical limitations. Sustenance fishing is recognized as part of 

the culture and practices of Native Hawaiians and is allowed under Proclamation 8031. 

Sustenance fishing for pelagic fish has limited impact on the Monument’s natural resources with the 

following guidelines: using artificial lures; trolling at higher speeds in deep water; landing fish quickly; 

limiting the catch; not removing fish from the Monument; not allowing fishing for bottomfish; keeping 

only common pelagic fish such as tuna species, mahimahi, and wahoo; and monitoring the impacts and 

recording catch, fishing effort, and bycatch. 

Mandatory 10- or 15-year Reevaluation Date: 

_____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

_____X_______ Mandatory 10-year reevaluation date (for non-wildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 
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References Cited: 

Antonelis, G. A., J. D. Baker, T. C. Johanos, R.C. Braun, and A. L. Harting. 2006. Hawaiian Monk Seal 

(Monachus schauinslandi) Status and Conservation Issues. Atoll Research Bulletin 543:75-101. 

Bejder, L., S. M. Dawson, and J. A. Harraway. 1999. Responses by Hector's dolphins to boats and 

swimmers in porpoise bay, New Zealand. 15(3):738-750. 

Boggs, C. and R. Ito. 1993. Hawaii's pelagic fisheries: fisheries of Hawaii and U.S.-associated Pacific 

Islands. Marine Fisheries Review March 22, 1993. 12 p. 

Center for Disease Control and Prevention. 2008. Marine toxins. Electronic sources accessed at: 

http://www.cdc.gov/ncidod/dbmd/diseaseinfo/marinetoxins_g.htm on February 8, 2008. 

Chesher, R. H. 1969. Destruction of Pacific corals by the sea star Acanthaster planci. Science 

165(3890):280-283. 

Executive Order 13022. 31 October 1996. Administration of the Midway Islands. Establishing Midway 

National Wildlife Refuge. (61 FR 56875). 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of Magellanic 

penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Gerrodette, T.G., and W.G. Gilmartin. 1990. Demographic consequences of changed pupping and hauling 

sites of the Hawaiian monk seal. Conservation Biology 4:423-430. 

Hawkins, J. P., C. M. Roberts, T. V. T. Hof, K. D. Meyer, J. Tratalos, and C. Aldam. 1999. Effects of 

recreational scuba diving on Caribbean coral and fish communities. Conservation Biology 13(4):888-897. 

Heinemann, D., H. Gillelan, and L. Morgan. 2005. Bottomfishing in the Northwestern Hawaiian Islands: 

Is it Ecologically Sustainable? 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. Journal of Field Ornithology. 120:299-310. 

Kenyon, K.W. 1972. Man verses the Monk Seal. Journal of Mammalogy 53:687-696. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Mendelssohn, R., and C. Roy. 1986. Environmental influences on the French, Ivory Coast, Senegalese 

and Moroccan tuna catches in the Gulf of Guinea. In P. E. K. Symons, P. M. Miyake, and G. T. Sakagawa 

(Editors), Proceedings of the Int. Comm. Conserv. Atl. tunas (ICCAT) conference on the international 

skipjack year program, p. 170-188. 

Myers, R. A., B. Worm. 2003. Rapid worldwide depletion of predatory fish communities. Nature 

423:280-283. 
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April 2008 D-124 Appendix D: Compatibility Determinations 

National Marine Fisheries Service. 2006. Draft Supplemental Environmental Impact Statement 

Bottomfish and Seamount Groundfish of the Western Pacific Ocean: Measures to End Bottomfish 

Overfishing in the Hawaiian Archipelago. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 

Presidential Proclamation 8031, 15 June 2006 (71 FR 36443). Establishing the Northwestern Hawaiian 

Islands as a marine national monument. 

Presidential Proclamation 8112, 6 March 2007. Establishment of the Papahānaumokuākea Marine 

National Monument (72 FR 10031). 

Ragen, T. 1997. Human Activities Affecting the Population Trends of the Hawaiian Monk Seal. 

Conservation of Long-Lived Marine Animals Conference. 24 August 1997; Monterey, CA. 

Ragen, T. J., D. M. Lavigne. 1999. The Hawaiian monk seal; biology of an endangered species. In: Twiss 

J., Reeves R., editors. Conservation and management of marine mammals. p 224-241. 

Western Pacific Fisheries Management Council (WPFMC). 2005a. Draft Summary Comprensive 

Analysis. Alternatives for fishery management. Western Pacific Fisheries Management Council, 

Honolulu, Hawai’i. downloaded from: 

http://www.wpcouncil.org/documents/DraftSummaryofComprehensiveAnalysis.pdf 

Western Pacific Fisheries Management Council (WPFMC). 2005b. Fishery Ecosystem Plan for Pacific 

Pelagic Fisheries of the Western Pacific Region. Western Pacific Fisheries Management Council, 

Honolulu, Hawai’i. 

Yoshida, H. O. 1974. Landings of billfishes in the Hawaiian longline fishery. In R. S. Shomura and F. 

Williams (Editors), Proceedings of the international billfish symposium, Kailua-Kona, Hawaii, 9-12 

August 1972. Part 2. Review and contributed papers, p. 297-301. 
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Refuge Determination:

Refuge Manager 

Approval: _________________________ Date___________ 

 (Signature)

FWS Superintendent, 

Papahānaumokuākea Marine National Monument 

 _________________________ Date:___________ 

 (Signature)

Project Leader, 

Hawaiian and Pacific 

Islands NWRC __________________________ Date___________ 

 (Signature) 

Concurrence: 

Refuge Supervisor, 

National Wildlife 

Refuge System 

Pacific Region __________________________ Date___________ 

 (Signature) 

Regional Chief, 

National Wildlife 

Refuge System __________________________ Date___________ 

Pacific Region (Signature) 
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Attachment 1: General Terms and Conditions of a Papahānaumokuākea Marine National 

Monument Permit 

GENERAL TERMS AND CONDITIONS:

In accordance with the Proclamation and applicable regulations, the permitted activities listed above are

subject to the following general terms and conditions: 

1. The permittee must sign and date this permit on the appropriate line below. Once signed and 

dated, the permittee must provide a signed original copy to the Monument official identified 

below. The permit becomes valid on the date the last Monument official signs the permit and 

shall remain valid for not more than one (1) year from that date. 

Permit Coordinator 

Papahānaumokuākea 

Marine National Monument 

6600 Kalaniana‘ole Hwy. Suite 300 

Honolulu, HI 96825 

2. This permit is neither transferable nor assignable and must be carried by the permittee while 

engaging in any activity authorized by this permit. All other persons entering the Monument 

under the authority of this permit must provide the name of the permittee or the permit number to 

any authorized enforcement or management personnel upon request. 

3. This permit may only be modified by written amendment approved by the Co-Trustees. 

Modifications to this permit must be requested in the same manner as the original request was 

made. Any modifications requested by the permittee, such as adding or changing personnel to be 

covered by the permit or to change the activities that are allowed, must be made in writing. 

4. This permit is subject to suspension, modification, non-renewal, or revocation for violation of the 

Proclamation, implementing regulations, or any term or condition of the permit. Any verbal 

notification of a violation from an authorized Monument representative may require immediate 

cessation of activities within the Monument. The issuance of a permit shall not constitute a 

vested or property right to receive additional or future permits. This permit may, in the sole 

discretion of the Co-Trustees, be renewed or reissued. However, there is no right to a renewal or 

re-issuance of a permit. Failure to fulfill permit requirements may affect consideration of future 

permit applications. 

5. Permit terms and conditions shall be treated as severable from all other terms and conditions 

contained in this or any other ancillary permit. In the event that any provision of this permit is 

found or declared to be invalid or unenforceable, such invalidity or unenforceability shall not 

affect the validity or enforceability of the remaining terms or conditions of this permit. 

6. This permit does not relieve the permittee of responsibility to comply with all federal, state and 

local laws and regulations. Activities under this permit may be conducted only after any other 

permits or authorizations necessary to conduct the activities have been obtained. 

7. The permittee may be held liable for the actions of all persons entering the Monument under the 

authority of this permit. 
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8. All persons entering the Monument under the authority of this permit are considered under the 

supervision of the permittee and may be liable in addition to the permittee for any violation of 

this permit, the Proclamation and implementing regulations in conjunction with this permit. The 

permittee must ensure that all such persons have been fully informed of the permit terms and 

conditions prior to entry into the Monument. Each such person must provide written 

acknowledgment to the permittee, prior to entry into the Monument, that he/she has received a 

copy of the permit, agrees to abide by all applicable terms and conditions, and may be liable for 

violations of the permit. The permittee shall maintain all signed acknowledgments and submit 

them with the summary report described in General Condition #22.b. 

9. Notification of entry into the Monument must be provided at least 72 hours, but no longer than 

one month, prior to the entry date. Any updates to the list of personnel must also be provided at 

least 72 hours before entering the Monument. Notification of departure from the Monument must 

be provided within 12 hours of leaving the Monument. Notification may be made via e-mail, or 

telephone by contacting: E-mail: nwhi.notifications@noaa.gov; Telephone: 1-866-478-6944; or 

1-808-395-6944. No other methods of notification will be considered valid. 

10. The permittee and any person entering the Monument under the authority of this permit shall, 

before entering the Monument, attend a cultural briefing or view designated cultural 

informational materials on Papahānaumokuākea regarding the region’s cultural significance and 

Native Hawaiians’ spiritual and genealogical connection to the natural and cultural resources. 

Persons entering the Monument at Midway Atoll may satisfy this requirement upon arrival. 

11. All vessels (including tenders and dive boats), engines and anchor lines shall be free of 

introduced species prior to entry into the Monument. To ensure this, all vessels, engines and 

anchor lines shall be inspected for potential introduced species prior to departing the last port 

before entering the Monument. No later than 24 hours prior to entry, the permittee shall provide 

the Monument Permit Coordinator with a report prepared by the individual conducting the 

inspection that: a) sets forth when and where the inspection occurred; b) identifies any 

introduced species observed, including where found; c) summarizes efforts to remove any species 

observed; and d) certifies the vessel as free of all introduced species. The Monument Permit 

Coordinator shall review the report and, based on the review, may delay the entry into the 

Monument until all concerns identified by the Monument Permit Coordinator have been 

addressed. 

12. All hazardous materials, biohazards and sharps, must be pre-approved by the Co-Trustees. For 

purposes of this permit, “hazardous material” has the same meaning as the definition found at 49 

CFR §105.5 (U.S. Department of Transportation). All hazardous materials, biohazards and 

sharps must be stored, used, and disposed of according to applicable laws and Monumentapproved protocols. The permittee, or a designated individual entering the Monument under the 

authority of this permit must be properly trained in the use and disposal of all such materials 

proposed. Proof of appropriate training may be required by the Co-Trustees. No such material 

may be left in the Monument after the departure of the permittee unless it has been previously 

approved by Monument staff. Immediately after the project is complete the permittee must 

remove all such materials from the Monument. The permittee will be responsible for all costs 

associated with use, storage, transport, training, disposal, or HazMat response for these materials. 

13. All equipment or supplies brought into the Monument, or structures of any kind built in the 

Monument by the permittee are the responsibility of the permittee. All materials that are brought 

to the Monument by the permittee must be removed by the permittee except as otherwise 

permitted. Any permanent structures, equipment, or supplies that require maintenance, are 
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determined to be unserviceable, or are a safety hazard, must be immediately repaired or removed 

from the Monument by the permittee. No structures, equipment, or supplies may be left in the 

Monument following the completion of the project except as listed in the permit. 

14. If Monument staff are present at the field site, the permittee must meet with them before 

beginning permitted activities. Even with a valid permit, authorized Monument staff may 

prohibit entry into any location(s) within the Monument as they may deem appropriate to 

conserve or manage resources, particularly in areas where cumulative impacts of permitted 

activities are concentrated. 

15. In order to facilitate monitoring and compliance, any person entering the Monument under the 

authority of this permit, including assistants and ship’s crew shall, upon request by authorized 

Monument enforcement personnel, promptly: a) allow access to and inspection of any vessel or 

facility used to carry out permit activities; b) produce for inspection any sample, record, or 

document related to permit activities, including data, logs, photos, and other documentation 

obtained under, or required by, this permit; and c) allow inspection on board the vessel or at the 

permittee’s premises of all organisms, parts of organisms, and other samples collected under this 

permit. 

16. It is prohibited to possess or consume alcohol in the Hawaiian Islands National Wildlife Refuge 

in accordance with refuge regulations. Any violations will result in immediate removal of the 

offender from the Monument at the individual’s own cost. Offenders may not be readmitted to 

the Monument. 

17. All persons entering the Monument under the authority of this permit are responsible for the cost 

of removing themselves from the Monument at the conclusion of the term of the permit or upon 

revocation or suspension of the permit. All such persons are also responsible for the cost of 

removing themselves from the Monument in the event of a necessary medical evacuation, 

emergency evacuation, including weather, or for the cost of any necessary search and rescue 

operation. 

18. Except as expressly required by applicable law, the Co-Trustees are not liable for any damages to 

equipment or injuries to the permittee and persons entering the Monument under the authority of 

this permit. The permittee and any person entering the Monument under the authority of this 

permit shall release, indemnify, and hold harmless the National Oceanic and Atmospheric 

Administration, the Department of Commerce, the U.S. Fish and Wildlife Service, the 

Department of the Interior, the United States Government, the State of Hawai‘i, and their 

respective employees and agents acting within the scope of their duties from and against any 

claims, demands, actions, liens, rights, subrogated or contribution interests, debts, liabilities, 

judgments, costs, and attorney's fees, arising out of, claimed on account of, or in any manner 

predicated upon the issuance of this permit or the entry into or habitation upon the Monument or 

as the result of any action of the permittee or persons participating in the activity authorized by 

this permit. In the event that a government employee, acting in his official capacity, is the 

permittee, or is entering the Monument under the authority of this permit, then he shall be subject 

to all applicable federal and State laws that pertain to claims by or against him predicated upon 

the issuance of this permit or entry into or habitation upon the Monument. 

19. Monument managers or their designees may verbally require the permittee to modify or cease 

activities not identified in this permit if, in the opinion of the managers or designees, such action 

is necessary to limit disturbance to or protect Monument resources, to protect government 

equipment, or to ensure the safety of personnel. After providing such verbal instructions, the 
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managers or designees will provide the permittee with a written modification, suspension or 

revocation to this permit at the earliest practicable opportunity. The failure to follow verbal 

instructions or modified permit terms, or to cease activities upon suspension or revocation of this 

permit, may constitute a violation of this permit, the Proclamation, the regulations, or other 

applicable law. 

20. Disturbance of any cultural or historic property, including but not limited to Native Hawaiian 

cultural sites, burials, archaeological deposits, and WWII structures and features, such as stone 

walls and mounds, stone uprights, bunkers, batteries, camp sites, hospitals, housing areas, and 

radio towers; or the disturbance or collection of any historic or cultural materials and artifacts, 

including but not limited to bottles, dishes, cartridges, hospital materials, carvings, human 

remains, or Native Hawaiian bone or stone implements, found within the Monument, including 

the sale or trade in such items, is prohibited. 

21. All Monument resources within the jurisdiction of the State of Hawai‘i are held in trust under the 

Hawai‘i State Constitution, Article XI, Sec. 1. The State of Hawai‘i and the Government of the 

United States reserve ownership or control, as the case may be, of Monument resources, both 

living and nonliving, that may be taken or derived from those found in the Monument. 

22. The permittee must satisfy the following reporting requirements: 

a. For activities on State lands or within State waters, the permittee must submit a monthly 

report on the specified form. 

b. The permittee must maintain a cruise log including, but not limited to: anchoring 

locations and small boat dive locations. The log must contain a description of cruise 

activities and the geographic locations of those activities. Within thirty (30) days after the 

end of the cruise or the expiration date of this permit, the permittee must submit the 

cruise log and a summary report of activities conducted under this permit. The permittee 

having authority over the vessel must maintain a vessel discharge log, which must be 

submitted with the cruise log. 

c. Annual Report. The comprehensive annual report is a summary of all activities 

undertaken, including but not limited to: dates of all arrivals and departures from islands 

and atolls within the Monument, names of all persons involved in permitted activities, 

details of all specimens collected, handled, etc., any other pertinent information, GPS 

locations of all samples collected, transects, etc., results of work to date, copy of all data 

collected, and a proposed schedule of publication or production of final work. The report 

shall include a concise summary or abstract for use in Monument reports. Two hard 

copies and one electronic copy (Microsoft Word preferred, but not required), must be 

submitted to the Co-Trustees. The annual report is due by the end of the second week of 

January of the calendar year that follows the year that the permit was in effect or before a 

new permit is issued, whichever comes first. Subsequent annual reports are required each 

year until all data collected under research permits are fully analyzed. 

d. The permittee must debrief the Co-Trustees following the completion of all activities in 

the Monument covered under this permit. The permittee must schedule the debriefing 

upon submitting the annual report. 
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e. The permittee must submit two copies of any article, publication, or other product created 

as a result of the information gained or work completed under this permit, including 

materials generated at any time in the future following expiration of this permit. 

f. Any publications and/or reports resulting from activities conducted under the authority of 

this permit must include the notation that the activity was conducted under permit 

number PMNM-200x-xxx. This requirement does not apply to publications or reports 

produced by the news media. 

g. All required submissions (including plans, logs, reports, and publications) shall be 

provided to the Monument official at the address indicated in General Condition #1. 

23. All data acquired or created in conjunction with this permit will be submitted with the summary 

report, and annual report. Photographic and video material is considered data. The permittee 

retains ownership of any data, (including but not limited to any photographic or video material), 

derivative analyses, or other work product, or other copyrightable works, but the Federal 

Government and the State of Hawai‘i retain a lifetime, non-exclusive, worldwide, royalty-free 

license to use the same for government purposes, including copying and redissemination, and 

making derivative works. The permittee will receive acknowledgment as to its ownership of the 

data in all future use. This requirement does not apply to data acquired or created by the news 

media. 

24. Because photographic or video material that is created for personal use (i.e., not specifically 

acquired or created in conjunction with this permit) could unintentionally collect data that is also 

valuable for management purposes, the Co-Trustees reserve the right to request copies of any 

such material and the permittee agrees to provide a copy of such material within a reasonable 

time. The Co-Trustees may use such material for management purposes. 

25. Any question of interpretation of any term or condition of this permit will be resolved by the CoTrustees. 
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Attachment 2: Refuge and Monument Conditions and Restrictions 

• When replacing collected organisms into the ecosystem, they must be released as near as possible to 

the collection location. Precautions must be taken at every step in their handling to minimize harm 

and prevent mortality. 

• Algae collected as bycatch in traps or other collecting equipment must be frozen as soon as possible 

for the purpose of transport to the main Hawaiian Islands. 

• Collecting and sampling equipment must be deployed in low relief pavement or on sandy substrate 

where corals are known to be absent. 

• Permittee is required to be accompanied by a U.S. Fish and Wildlife Service representative for the 

purpose of escorting all authorized personnel named on this permit on XX Island. This Monument 

representative will provide on-site real-time natural, cultural, and historic resource protection and 

disturbance prevention training and guidance. 

• All scientific fishing gear must be checked at least at 4-hour intervals during daylight hours. 

• Placement of equipment in waters greater than 100 meters deep must occur in locations determined to 

be flat, sandy substrate using multibeam bathymetry (if available). 

• Swimming, SCUBA, and snorkeling are allowed only for vessel maintenance, emergency operations, 

and non-recreational support of vessel and research activities. 

• The permittee must track all sustenance or subsistence fishing conducted in Monument waters outside 

of Special Preservation Areas. Permittee must also provide data as requested in the Monument 

Sustenance Fishing Data Sheet (attached) within 30 day of expiration of this permit. 

• Permittee is required to work in conjunction with the U.S. Fish and Wildlife Service, Hawaiian 

Islands National Wildlife Refuge regarding any arrangements to visit Nihoa Island, Necker Island, the 

islands of French Frigate Shoals, Gardner Pinnacles, Laysan Island, Lisianski Island, and the islands 

of Pearl and Hermes Atoll respectively. 

• Drifter buoys deployed and debris upon which they are attached that subsequently become fouled on 

the reefs of the Papahānaumokuākea Marine National Monument must be retrieved. 

• All organisms in or on collection devices shall be removed, documented, photographed, labeled, and 

preserved prior to leaving the Monument. 

• Any permanent or semi-permanent installation on the sea floor must be located on sandy substrate 

only. 

• All samples and specimens must be dead during transport within and outside of the Monument. 

• This permit does not allow access to emergent land except at XX island. 

• Permittee must take every precaution to minimize the impact to surrounding nests and birds when 

working within the seabird colonies. 

• This permit is not to be used for nor does it authorize the sale of collected organisms. Under this 

permit, the authorized research activities must be for noncommercial purposes not involving the use 

or sale of any organism, by-products, or materials collected within the Monument for obtaining patent 

or intellectual property rights. 

• The permittee and those working under the authority of this permit must be familiar with the “Marine 

Wildlife Viewing Guidelines,” accessible at NOAA’s National Marine Fisheries Service website: 

http://www.fpir.noaa.gov/PRD/prd_laws_policies_guidelines1.html 
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• If there is any Hawaiian monk seal or any other protected species in the area when performing any 

permitted activity, the activity shall cease until the animal(s) depart the area. 

• Permittee must adhere to Papahānaumokuākea Marine National Monument Special Conditions and 

Rules for Moving Between Islands and Atolls and Packing for Field Camps attached to this permit. 

• All insects must be dead before departure from the Monument. 

• Permittee must carefully evaluate each bird to ensure each individual is healthy prior to the fixation of 

satellite tags and collection of blood as stated in the permitted activities above. 

• The permittee will implement the “Best Practices for Minimizing the Impact of Artificial Light on 

Sea Turtles” Pacific Islands regional Office, NOAA National Marine Fisheries service, Rev. Nov. 9, 

2007, as applicable. See the attached document. 

• The taking of any animal, vegetable, or mineral matter, except as authorized in the permit is 

prohibited on all refuge lands and waters. Beach combing or removal of flotsam from the beaches 

(including Japanese floats) is not allowed within the boundaries of the refuge without permission 

from the Superintendent. 

• Entry in to the seabird colonies is prohibited unless expressly authorized by permit. Care must be 

taken to minimize disturbance to nesting birds and their habitat to avoid nest burrow cave-ins. 

• Artificial light sources must be reduced at night to prevent disorienting seabirds and turtles. 

• On-site refuge staff have the authority to regulate and restrict activities more stringently than defined 

in a permit if, in their opinion, such action is necessary to limit disturbance to wildlife, to protect 

government equipment, or to insure the safety of personnel. 

• There will be no tolerance of any intentional disturbance to wildlife of any kind. If intentional 

disturbance is witnessed by Service staff, the individual(s) may be removed from the Refuge 

immediately at the Service staff’s discretion. All costs of personnel transfer from the Refuge will be 

the responsibility of the Permittee. 

• Disturbance to sea turtles and monk seals must be avoided. Minimum distances of 150 feet from all 

monk seals and sea turtles, and 300 feet from female seals with pups must be maintained. No 

harassment of any kind will be tolerated. 

• Divers must be responsible by making sure your equipment is secured, you are weighted properly, 

check the water for submerged coral before exiting boats, and be careful not to touch or stand on 

living coral or other biota unless specifically permitted to do so. 

• Disturbance or collection of archaeological materials such as bottles, dishes, cartridge cases, hospital 

materials, carvings, and human remains is strictly prohibited. However, the Service does recognize 

some of the native Hawaiian cultural/spiritual practices may involve moving stones which would not 

be considered disturbance. 

• Prior to any ship or barge entering the Refuge, the hull must be inspected for fouling marine 

organisms. Any vessel found to have a fouled hull will be required to have the entire hull cleaned. 

Re-inspection of the cleaned hull before the vessel is allowed to enter the Refuges. All expenses 

relating to inspections and cleaning will be the responsibility of the Permittee. Results of all hull 

inspections must be submitted to the Refuge Manager prior to the vessel departure from Honolulu. 

Following the initial hull inspections, follow up inspections will be required once per year at a 

minimum for all vessels that will be operating within the Refuges of the Pacific Remote Islands NWR 

Complex. 

• No discharge of ballast water will be allowed by any vessel within Refuge boundaries. 
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• No discharge of sewage, gray water, bilge water, trash or waste of any kind will be allowed by any 

vessel within Refuge boundaries. 

• Small boat traffic within the Refuge is only permitted between 30 minutes after sunrise and one hour 

before sunset. 

• If boating near shore or any emergent land, small boats must be kept a minimum distances of 150 feet 

from all monk seals and sea turtles, and 300 feet from female seals with pups that may be on shore. If 

a small boat is anchored in the water and a seal or turtle approaches the boat, passengers in the boat 

must remain in the boat, and the boat must remain anchored with its engine turned off until the animal 

leaves the area. 

• All materials that are brought to the Refuge by the Permittee that become waste must be removed by 

the Permittee. 

• Power boat operators may slow to allow observation of approaching dolphins and cetaceans, but will 

neither pursue them nor specifically seek them out. If cetaceans are encountered during transit 

between two points, FWS will allow the boat to slow and/or stop for observation, but entering the 

water will not be allowed. 

• To eliminate anchoring impacts on coral, boat operators will anchor in sandy substrate only. Anchors 

will be lowered into place rather than tossed overboard. 

• Snorkeling will be limited to persons accompanying Service staff during normal research and 

management activities and under no circumstances will it be allowed for solely recreational purposes. 

• Only four-stroke outboard motors will be used for small boat operations. These motors are quieter 

than two-stroke motors and will not exceed the Level A or Level B acoustic threshold for disturbance 

to marine mammals and have fewer emissions. No other loud sounds will be associated with this 

activity. 

• Under no circumstances will Service employees or other Permittees disturb any native Hawaiian 

cultural sites. 

• Photography of native Hawaiian iwi (bones, remains) is strictly prohibited at all times. 

• Any sustenance fishing may be included as part of an existing permit for onsite activities, vessels, and 

boats passing through Monument waters or for native Hawaiian practitioners. 

• The permit will limit both the kind and amount of fish available for taking 

• In the event a determination is made that the activity is negatively influencing Monument resources, 

sustenance fishing will cease immediately until further regulations can be developed. 

• Any onsite environmental education will be closely supervised by Service staff. 

• Any students will be subject to the same restrictions (e.g., beach closures, distance limitations from 

wildlife, etc.) as other visitors. 

• No more than 12 people will be led at one time on guided walks. 

• All visitors will attend an orientation upon (or before) arrival and be given appropriate narrative and 

graphic material to clearly indicate which areas are open for public use and to clarify regulations in 

force to protect wildlife and habitat. 

• Signing along trails will identify approved areas for beach access, wildlife observation, etc. Refuge 

staff will monitor public use to assess and respond to incidents of noncompliance with refuge 
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regulations. Vegetative screening will be used to ensure that visitors do not walk off trails. (This 

would occur if a much larger program were developed as a result of increased funding and staff.) 

• “Field talks” will be located outside, on roads or trails along the edge of nesting seabird colonies or at 

a safe distance from other wildlife species. Only trained Service staff conducting the talk will be 

entering nesting colonies for brief periods. 

• Interpreters will clearly explain the rationale for access restrictions and the action that will be taken to 

enforce regulations. 

• Any spiritual or cultural offerings must be in compliance with the refuge quarantine requirements. 

This will make most plant materials unsuitable, although some salt free of organisms and their 

reproductive bodies may be suitable. 
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Attachment 3: Papahānaumokuākea Marine National Monument Special Conditions and Rules for 

Moving Between Islands and Atolls and Packing for Field Camps, June 2007 

The islands and atolls of Papahānaumokuākea Marine National Monument (Monument) and the Hawaiian 

Islands National Wildlife Refuge are special places providing habitat for many rare, endemic plants and 

animals. Many of these species are formally listed as Endangered under the Endangered Species Act. 

Endemic plants and insects, and the predators they support, are especially vulnerable to the introduction 

of competing or consuming species. Such introductions may cause the extinction of island and reef 

endemics, or even the destruction of entire island or reef ecological communities. Notable local examples 

include: the introduction of rabbits to Laysan Island in 1902 which caused the extinction of numerous 

plant and insect species, and 3 endemic landbird species; the introduction of rats to many Pacific Islands 

causing the elimination of many burrowing seabird colonies; the introduction of the annual grass, 

sandbur, to Laysan Island where it has crowded out native bunch grass thus, eliminating nesting habitat 

for the Endangered Laysan finch; and, the introduction and proliferation of numerous ant species 

throughout the Pacific Islands to the widespread detriment of endemic plant and insect species. 

Several of the islands within the Monument are especially pristine, and as a result are rich in rare and 

special plants and animals. Nihoa Island has at least 17 endemic and rare insect species, 5 Endangered 

plants and 2 Endangered birds. Necker Island has Endangered plants and 11 endemic insects. Laysan 

Island has Endangered plants, 9 endemic arthropods and the Endangered Laysan finch and Laysan duck. 

Other islands in the Monument such as Lisianski, and islets in Atolls such as Pearl and Hermes Reef and 

French Frigate Shoals provide homes for a variety of endemic and/or endangered species and require 

special protection from alien species. 

Other Pacific Island such as Kure and the “high islands” (Oahu, Hawaii, Maui, Kauai, etc.) as well as, 

certain islands within Midway Atoll, Pearl and Hermes Reef and French Frigate Shoals have plants and/or 

animals that are of high risk for introduction to the relatively pristine islands discussed above. Of special 

concerns are snakes, rats, cats, dogs, ants and a variety of other insect and plant species. Harmful plant 

species of highest concern that we know of are Verbesina encelioides, Cenchrus echinatus, and Setaria 

verticillata.

The Co-trustees are responsible for the management and protection of the islands, reefs and wildlife of the 

Monument. No one is permitted to set foot within the Monument without the express permission of the 

Co-trustees through the permitting process. Because of the above concerns, the following restrictions on 

the movement of personnel and materials throughout the Monument exist. 

The following conditions and rules apply to the all islands within the Monument with the exception 

of those at French Frigate Shoals and Midway Atoll: 

Definitions:

“new" means off the shelf and never used anywhere but the island in question. 

"clothing" is all apparel , shoes, socks, over and under garments. 

"soft gear" is all gear such as daypacks, fannypacks, packing foam or similar material, camera bags, 

camera/binocular straps, microphone covers, nets, holding or weighing bags, bedding, tents, luggage, or 

any fabric, fiber, paper or material capable of harboring seeds or insects. 

1. Any personnel who will be landing boats, and staying within the boats, at any island should have 

clean clothes and shoes.
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2. Any personnel going ashore at any island and moving inshore from the immediate area in which 

waves are breaking, or beyond the intertidal area, at the time of landing must have new footwear, 

new or island specific clothes and new or island specific soft gear. All must be frozen for at least 

48 hours prior to landing. 

3. Any personnel entering any vegetated area, regardless of how sparse the vegetation, must have 

new footwear, new clothes and new soft gear all frozen for at least 48 hours prior to landing. 

4. To avoid transport of seeds from within small boats the following protocol should be followed. 

For islands with safe or sandy landing conditions, one should keep quarantine shoes/socks inside 

quarantine containers until the island is reached. One should go ashore bare foot, and then don 

the quarantine shoes. Non quarantine shoes should be removed in the small boat, put into a 

bucket or some kind of sealed container, and left enclosed in that container until the person 

departs the island. The sealed container, if clean on the outside, may go ashore, but should not be 

opened ashore. For landings which are rocky, rough, and relatively unsafe (such as Necker and 

Nihoa) for safety reasons, quarantine shoes should be donned when inside the small boats, but 

care should be taken to look for seeds and insects which may be in the small boat. 

5. Soft gear may not be moved between islands. Hard gear must be thoroughly cleaned and frozen 

for at least 48 hours between islands. 

6. During transit, clothing and gear coming off Kure, Midway, or any islet of French Frigate Shoals 

must be carefully sequestered to avoid contamination of gear bound for cleaner islands. Special 

care must be taken to avoid contaminating gear storage areas and quarters aboard transporting 

vessels with seeds or insects from these islands. 

7. Regardless of origin or destination, inspect and clean all equipment, supplies, etc., just prior to 

any trip to the Monument. Carefully clean all clothing, footwear and softgear following use to 

minimize risk of cross contamination of materials between islands. 

 

8. Pack supplies in plastic buckets with fitted lids or other sealable metal or plastic containers since 

they can be thoroughly cleaned inside and out. Cardboard is not permitted on islands.

Cardboard boxes disintegrate in a short time and harbor seeds, animals, etc., which cannot be 

easily found or removed. Wood is not permitted unless sealed (painted or varnished) on all 

surfaces and frozen for 48 hours.

Wooden boxes can also harbor insects and seeds and therefore are only allowed if well 

constructed (tight fitting seams are required). All wood must be treated, and inside and outside 

surfaces must be painted or varnished to provide a smooth, cleanable finish that seals all holes. 

9. Freeze or tarp and fumigate then seal all equipment (clothes, books, tents, everything) just prior to 

departure. Food and cooking items need not be fumigated but should be cleaned and frozen, if 

freezable. Cameras, binoculars, radios, and other electronic equipment must be thoroughly 

cleaned, including internal inspection whenever possible, but do not need to be frozen or 

fumigated. Such equipment can only be packed in wooden crates if treated as in #2 above. Any 

containers must contain new, clean packing materials and be frozen or fumigated. 

10. At present, Tern Island is the singular exception to the above rule, having less stringent rules due 

to the large number of previously established alien species. Careful inspection of all materials and 

containers is still required. However, it is acceptable to use wooden and cardboard containers for 

transporting supplies to Tem Island. Also, there is no requirement for freezing or fumigating 
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items disembarked at Tem. Although requirements for Tem Island are more lax, the Refuge is 

still concerned about the possibilities of new introductions. Do not wear clothing to Tern Island 

that has been worn at Pearl and Hermes, Midway Atoll or Kure Atoll. 

Additional Special Conditions for Travel to Nihoa and Necker (Mokumanamana) Islands: 

Nihoa and Necker are the most pristine locations in the Monument. Nihoa is home to the highest number 

of federally listed endangered species in the Monument. Many areas of these small rugged islands are 

inaccessible. Introduction of any alien species could have disastrous results in a very short time. It would 

be almost impossible to mount any kind of control or eradication program on these islands should an alien 

species become established. Because of these reasons, access to Nihoa and Necker are strictly limited, and 

rules governing entry are more stringent. 

1. Access to Nihoa and Necker by permittees will only be allowed under the accompaniment and 

supervision of a U.S. Fish and Wildlife Service (USFWS) Representative. The representative, 

who shall be appointed by the U.S. Fish and Wildlife Service Monument Manager will work with 

permittees to assure careful compliance with all rules for inspection, handling and preparation of 

equipment. The USFWS Representative will have the authority to control and limit access to 

various parts of the island to protect animals, plants and archaeological sites, especially 

endangered species. The USFWS Representative will have the authority to disallow access to the 

island, or order an immediate departure from the island if conditions for working on the island are 

not met or are violated in some way. 

2. All field equipment made out of fabric material or wood must be new, and never previously used 

in the Northwestern or main Hawaiian Islands. Equipment previously purchased or made for use 

on Nihoa and Necker that has been carefully sealed and stored while away from Nihoa and 

Necker, and not used elsewhere, may also be brought onto the island. Rules for freezing and/or 

fumigating are as described for other sites in the Monument (see above). 

3. Clothing, footwear (shoes, slippers, socks, etc.), daypacks (soft gear) must be new, unused, or 

previously only used on Nihoa (or Necker) and carefully sealed and stored while off of the island. 

Hard gear such as camera, and equipment must be thoroughly cleaned and inspected. 

Additional Special Conditions for Travel Within Pearl and Hermes Atoll:

In recent years Verbesina encelioides has been introduced to Southeast Island within Pearl and Hermes 

Atoll. This noxious weed has taken over a large portion of the island. To prevent the further spread of 

this weed to the other islets within this atoll the following precaution must be taken: 

1. Every person should have one set of quarantine gear and clothing for Southeast Island and one set 

of quarantine gear and clothing for all other islets in the atoll. For instance the same clothing, and 

if needed camping gear, may be used at north and seal kittery, but anything used at southeast 

needs to stay off all other islets in the atoll. Do not use the outer islet clothing and gear on 

Southeast Island. 

2. Carefully inspect small boats and their associated equipment when traveling between islets at 

Pearl and Hermes Atoll. Since folks likely take one anchor ashore and put one anchor in the 

water there is potential for seed dispersal on anchor lines as well as from within the small boats. 

This needs to be watched very carefully. 

Additional Special Conditions for Food: 
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Fresh foods such as fruits, vegetables, leafy vegetables and tubers are not permitted on quarantine 

enforced islands (Necker, Nihoa, Laysan, Garner Pinnacles, Lisianski and Pearl and Hermes Reef). 

Concern is not only that certain species such as tomatoes could easily become established but that 

decomposing organic waste can also harbor microbes and insects and can act as an introduction vector. 

Soil can contain many seeds, eggs, larvae, etc., and cannot be transported to or between islands. 

All other food that can be safely frozen (this does not apply to food in cans or glass jars) must be 

packaged in air tight containers just as all other gear and frozen for 48 hours. 
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The following Compatibility Determinations 

were completed and approved 

in May 2007 as part of the 

Midway Atoll Interim Visitor Services Plan. 

They remain valid until their 

specified re-evaluation date. 
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Compatibility Determination

Use: Wildlife Observation and Photography 

Refuge Name: Midway Atoll National Wildlife Refuge and Battle of Midway National 

Memorial 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is an unincorporated territory of the United States, and 

lies outside the State of Hawaii. 

Establishing and Acquisition Authority(ies):

Midway Atoll National Wildlife Refuge (NWR) was established in 1988 as an overlay NWR under a 

cooperative agreement with the U.S. Navy. Under this agreement, administrative responsibility for the 

refuge was shared by the U.S. Fish and Wildlife Service (FWS) and the U.S. Navy (Navy). The Naval 

Air Facility at Midway was operationally closed in 1993. Facility cleanup was completed by June 30, 

1997, when the Navy and its contractors departed. Custody and accountability for Midway Atoll were 

officially transferred from the Navy to the FWS in May 1996. Executive Order 13022, signed by 

President Clinton on October 31, 1996, superseded earlier orders that assigned responsibility for Midway 

to the Navy. Secretary of the Interior Babbitt signed Secretary’s Order 3217 on September 13, 2000, 

designating Midway Atoll NWR concurrently as the Battle of Midway National Memorial. On June 15, 

2006, President Bush signed Presidential Proclamation 8031 making Midway Atoll NWR part of the 

newly established Papahānaumokuākea Marine National Monument. Under that Proclamation, Midway 

has unique authority and responsibility as a Special Management Area. 

Refuge Purpose(s):

Midway Atoll NWR was established pursuant to the Fish and Wildlife Act of 1956 and the Fish and 

Wildlife Coordination Act of 1934. Pertinent language in those statutes includes: 

1. ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.@ (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .@ (Fish and 

Wildlife Coordination Act of 1934). 

The following purposes were included in Executive Order 13022, dated October 31, 1996, which 

transferred jurisdiction and control over the Midway Islands from the Navy to the Department of the 

Interior: 

1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 
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4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway=s historic 

significance. 

National Wildlife Refuge System Mission 

The mission of the National Wildlife Refuge System is: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans. (National 

Wildlife Refuge System Administration Act of 1966, as amended [16 U.S.C. 668dd-668ee.]) 

Description of Use(s): 

Compatible wildlife observation and photography are priority general public uses as designated in the 

National Wildlife Refuge System Improvement Act of 1997. As such, most refuges, including Midway 

Atoll, seek means to allow these uses in an appropriate and compatible manner. 

The abundance of wildlife at Midway Atoll will allow the public endless opportunities to observe and 

photograph many different species in their natural habitat. The seasonal activity of species such as the 

Laysan albatross may drive increased visitor interest during certain seasons. However, the diversity of 

fauna and flora, both marine and terrestrial, should encourage year- round public access. 

On Sand Island, land-based observation and photography are enabled by trails, access to open beach 

areas, and observation towers. A stationary wildlife viewing blind will be erected to facilitate viewing 

Laysan ducks and migratory birds. Additional native vegetation will be added near Turtle Beach to serve 

as an observational screen. The possibility of a portable viewing blind for other species remains open for 

future visitor use. 

On Eastern Island, wildlife observation and photography will occur under the guidance of FWS-approved 

staff during walking tours of the island. Due to the sensitive nature of species such as sooty and graybacked terns, red-footed boobies, and short-tailed albatross, tours of Eastern Island will be limited in 

duration and frequency. 

On land, most wildlife observation and photography would be conducted on foot, by bicycle, or by golf 

cart. Means to observe marine wildlife species will include snorkel, diving, kayak, and power boat. 

Snorkel and diving observational tours will be led by experienced FWS-approved staff and/or guides 

under tightly controlled group tours to specific locations. These locations will include known reef 

locations with safe swimming conditions, interesting coral formations, and abundant reef fish, but not 

sites of particular importance to endangered Hawaiian monk seals or threatened Hawaiian green sea 

turtles. Known shallow depth submerged artifacts such as World War II-era aircraft or vessels may be 

included as dive sites as they typically harbor abundant reef fish. Kayak tours will also be led by 

qualified personnel with groups limited to six kayaks or fewer traveling to specific locations. Wildlife 

observation from power boats will only be opportunistic as the boats are used to ferry visitors to and from 

snorkel/dive locations or Eastern Island. This will be the most frequent means for visitors to observe 

spinner dolphins. Hawaiian monk seals and Hawaiian green sea turtles may also be observed on refuge 

beaches where they frequently haul out to rest. 
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Availability of Resources: 

Current refuge staffing is not adequate to properly run a quality visitor program. For Fiscal Year 2007 it 

is anticipated that the refuge will add at least one refuge ranger on-island to work with visitors. 

Additional staff support will be provided by the Hawaiian and Pacific Islands NWR Complex for periods 

of peak visitor use. To properly support the full visitor program envisioned in 2008 and beyond, two 

additional visitor services specialists and a law enforcement officer will be required in addition to 

increased staffing needs by the refuge infrastructure support contractor. Certain refuge infrastructure 

improvements will also be needed to support the visitor program. These will include improved signing, 

larger and safer boats, on-island transportation (bicycles or golf carts), and kayaks. 

Midway Atoll NWR has been charged by Congress and the FWS with developing a visitor program that 

is self-sustaining financially. To help us meet this goal Congress has also given the refuge receipts 

authority, which allows the refuge to keep reasonable fees collected for services provided at Midway 

Atoll. These fees will be used to offset costs of implementing the visitor services program. Estimated 

costs for implementation of this use and off-setting income are shown below: 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $17,740

Maintenance 1,000 

Monitoring 

Special equipment, facilities or improvements $8,000 1,000

Offsetting revenues $165,000

Estimated costs were calculated using 35% of the base cost of a GS-7 refuge ranger assuming that this 

priority use would use that portion of a year to administer. Off-setting revenues are fees paid by visitors 

for their stay on Midway Atoll. 

Anticipated Impacts of the Use(s): 

Possible impacts from visitors involved in wildlife observation and/or photography include 

(1) disturbance to nesting seabirds, (2) disturbance to Hawaiian monk seals (Monachus schauinslandi) 

and/or green sea turtles (Chelonia mydas) swimming or resting on beaches, (3) disturbance to spinner 

dolphins (Stenella longirostris), and (4) disturbance to fish and marine invertebrates. Visitor programs 

will be designed and managed to eliminate or minimize these impacts. However, even with proper 

management and execution of a well run program, certain behavioral responses in wildlife may occur that 

are not easily observable. 

Stress reactions (elevated heart rate, elevated levels of corticosterone, and behavioral responses) have 

been documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, Nimon et al. 1995 and 

Kataysky et al, 2003). Studies, however, have not been conducted to document long-term cumulative 

effects of human disturbance. Albatrosses in the developed part of Sand Island are clearly acclimated to 

the presence of people but may still have elevated stress hormone levels. When visitors are observing 

albatrosses, terns, boobies, Laysan ducks, or other species in the less visited areas, they will have the 

potential of greatly elevating stress hormone levels if the duration of the disturbance is excessive. Studies 

have shown (Kitaysky, et al, 2003) that limited duration disturbance, however, has only minor, short term 

effects. Observation periods for any particular bird or group of birds away from the town area of Sand 
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Island will be kept to 15 minutes or less for this reason. Observance of the rare short-tailed albatross, for 

example, will be managed under this guideline. 

Increased use of refuge waters also increases the potential for interaction/disturbance by boats, kayaks, or 

snorkelers/divers with monk seals, sea turtles, and spinner dolphins. Any action of pursuit or annoyance 

from boats potentially disturbs marine mammals in the wild by causing disruption of their behavioral 

patterns or displacement from essential habitat areas, especially if the dolphins or seals are in a rest phase. 

Snorkel or dive operations also include the added risk of damage to living coral on the refuge. Improper 

boat operation or visitor behavior could result in localized impacts to the coral reef from repeated 

anchoring, touching, standing, or other avoidable physical disturbance to the coral. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Draft Interim Visitor 

Services Plan from the period of December 8, 2006 through February 6, 2007. The plan and associated 

compatibility determinations were made available through printed copies upon request and through the 

FWS Website at http://www.fws.gov/midway. This level of review and comment was selected to meet 

FWS requirements under the National Wildlife Refuge System Administration Act of 1966, as amended.

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

• The beaches on Spit and Eastern Island will be closed to visitors as well as the southern and 

western beaches on Sand Island (see Figure 3.1.1 in the interim visitor services plan). Power 

boats will not be allowed to travel closer than 500 feet from these closed beaches, except for 

guided tours to tie up to the pier on Eastern Island (see Figure 3.1.2). Guided kayak tours may 

only travel more than 150 feet from closed beaches from Rusty Bucket counterclockwise to 

Frigate Point as described in the interim visitor services plan. 

• Visitors and residents are provided orientation materials and related information to minimize 

disturbance to wildlife (“wildlife viewing etiquette”). Specific restrictions (e.g., 150-foot 

approach distance for seals, prohibition of access to heavily burrowed areas, etc.) are strictly 

enforced. The orientation materials include specific indicators of wildlife behavioral responses to 

disturbance, especially for the Hawaiian monk seal and green sea turtle, as well as appropriate 

visitor response to being approached by wildlife. The orientation also includes a visual 

demonstration of a 150-foot distance. Information on the nesting locations of particularly rare 

species (e.g., white-tailed tropicbirds) may be withheld to protect these birds from disturbance. 

All visitors and new residents are required to go through orientation immediately upon arrival or 

early the next day in the case of an unusually late arrival. 

• Professional photographers who desire access to areas not generally open to the public will be 

required to obtain the appropriate monument permit type (i.e., education or special ocean use). 

These permits stipulate more detailed access restrictions and regulations to protect wildlife. At 

the discretion of the refuge manager, FWS-approved staff and/or guides may be assigned to 

accompany professional photographers into particularly sensitive areas. 
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• All trips to Eastern Island for wildlife observation and/or photography will be closely supervised 

by FWS-approved staff and/or guides. Visitor tours of Eastern Island will be offered no more 

than once a week, unless specifically authorized by the refuge manager, and generally will be 

completed within a 3-hour period. Boats will tether to either end of the 150-foot pier, and 

disembarking passengers will be briefed on proper behavior to minimize disturbance to Hawaiian 

monk seals or green sea turtles that may be present. During periods of intensive tern nesting, 

routes will be carefully selected to minimize disturbance. Visitors will be advised to travel in 

single file in an expeditious manner through the colony. Photography will be allowed at the 

beginning and end of such a transit, not in the middle, to reduce the length of disturbance to the 

core nesting population. Restrictions on access to sensitive areas will be enforced. Spit Island 

will be off limits for wildlife observers and photographers unless they accompany FWS-approved 

staff and/or guides or permitted researchers during authorized project visits. 

• Visitors will not be allowed to approach closer than 150 feet to Laysan duck seeps. The blind at 

the water catchment basin will allow visitors to see the species without disturbing the birds. 

• Guided kayaking tours will be closely supervised by FWS-approved staff and/or guides. Buffer 

zones using the NOAA Watchable Wildlife suggested distance of 150 feet will be enforced as 

well as closures of selected lagoon areas to minimize disturbance of marine life, for example, a 

monk seal with pup. Visitors will be advised of proper actions to avoid disturbance and specific 

indicators of wildlife behavioral responses to disturbance, and all tours will follow planned routes 

designed to minimize disturbance and avoid sensitive areas. Kayak guides will be trained at 

estimating the 150-foot distance and will be responsible for keeping the entire group together. 

Since West Beach is a known pupping area, the buffer zone around known mother/pup pairs will 

be increased to 500 feet during the entire time the pair is on the beach. The NOAA-Fisheries seal 

biologist on Midway will keep refuge staff informed of new mother/pup pairs and their known 

locations. No kayaking will be allowed near Eastern or Spit Islands. 

• Vessels involved in visitor activities will be required to return to dock at least 1 hour before 

sunset, which will also enhance boat operators’ ability to avoid collisions with marine life. 

Within the inner harbor, boats must remain within speed limits of 10 knots. Visitors planning to 

engage in water-related activities during the albatross fledging season (June-July) will be 

thoroughly briefed on watching for shark activity, and water-related activities are not permitted 

during peak shark foraging times (1⁄2 hour before dusk to 1⁄2 hour after sunrise). 

• Power boat operators may slow to allow visitor observation of approaching spinner dolphins, but 

will neither pursue the dolphins nor specifically seek them out. If dolphins are encountered 

during transit between two points, we will allow the boat to slow and/or stop for visitor 

observation, but entering the water will not be allowed. Routes to and from snorkeling/dive sites 

will be plotted to avoid known resting areas of spinner dolphins in the lagoon (see figure 1.1 

below), as well as preferred Hawaiian monk seal haulout, molting, and pupping sites . 
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Figure 1.1. Occurrence, movements, and area use by Hawaiian spinner dolphins at Midway Atoll 

(courtesy of Dr. Leszek Karczmarkski) 

• To eliminate anchoring impacts on coral, boat operators will be required to anchor in known sand 

areas. If a selected visitor use area has no suitable sand for anchoring, then a mooring buoy will 

be set in a manner to prevent the boat from damaging any living or dead coral. 

• Snorkel trips will be limited to eight persons per guide and dive trips to six persons per guide. 

This will help ensure that the group stays together for safety reasons and to prevent visitors from 

straying into sensitive areas, approaching swimming monk seals, or damaging coral. 

• Visitors and their luggage will go through an inspection for insects and plants prior to departing 

Honolulu, and again when leaving Midway to reduce the possibility of alien species 

introductions. Visitors will be asked to clean their shoes and other clothing before coming to 

Midway through advance introductory materials. Anyone bringing their own snorkel or dive gear 

to Midway will be required to treat the gear to prevent the inadvertent introduction or 

transmission of alien species (see Appendix _ for protocol). 

• Only four-stroke outboard motors will be used for visitor program boats. These motors are 

quieter than two-stroke motors and will not exceed the Level A or Level B acoustic threshold for 

disturbance to marine mammals. No other loud sounds will be associated with this program. 

• Power boats taking visitors to Eastern Island or snorkeling or diving may encounter spinner 

dolphins or, less frequently, green sea turtles while traversing the lagoon. Hawaiian monk seals 

are only rarely observed swimming in the lagoon. Boat operators will be fully briefed on known 

resting areas of spinner dolphins in the lagoon (Figure 1.1 above) and routes to and from snorkel 

and dive sites will be plotted to avoid these areas as well as preferred Hawaiian monk seal 

haulout, molting, and pupping sites . 

• Refuge biological staff will work with the NMFS seal biologist stationed on Midway to develop a 

monitoring plan to assess impacts to Hawaiian monk seals from the visitor program. This plan 

will be based on the existing data set of seal sightings on Sand Island over the past 10 years and 

available for public review. This monitoring plan will be drafted after approval of the Midway 
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Atoll Interim Visitor Services Plan but prior to implementation of the full scale visitor services 

program. Long term trend analysis of use of the Sand Island beaches by monk seals should allow 

the biologists to determine if there is a noticeable change (geographic shift or decrease) in seal 

beach use over time. 

• A review of files documenting past visitor violations of closed beaches and/or monk seal 

disturbance shows that many of the people had not received orientation to the refuge and closed 

areas. Strict compliance with the orientation policy will address many of those types of violations 

in the planned visitor program. Some of the documented violations were clearly due to poor or 

nonexistent signing. A new sign plan will be developed by refuge staff and all signs put in place 

in 2008. Temporary signs may be used prior to that time. However, records also clearly show 

the need for a law enforcement officer who works in the field ensuring that refuge regulations are 

enforced. An officer will be stationed at Midway prior to implementation of the full scale visitor 

program. Prior to that time, law enforcement needs will be met through periodic use of officers 

on short-term details. Documented violations that occur during periods without an officer in 

place will be handled through an affidavit process by which the officer is provided specific details 

of the incident that are legally adequate for issuance of a Notice of Violation. 

Justification: 

Wildlife observation and photography are priority public uses of the National Wildlife Refuge System, 

and Midway Atoll NWR provides unique wildlife observation opportunities, not possible elsewhere in the 

United States. 

Mandatory 10- or 15-year Reevaluation Date: 

_____X_____ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

____________ Mandatory 10-year reevaluation date (for non-wildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 
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References Cited: 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of 

Magellanic penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. J. Orn. 120:299-310. 

Kitaysky, A., M. Benowitz-Fredericks, Z. Kitaiskaia, M. Shultz, and B. Zaun. 2003. Effects of tourist 

disturbance on stress physiology of wedge-tailed shearwaters (Puffinus pacificus) chicks at Kilauea Point 

National Wildlife Refuge, Kauai, Hawaii. Unpubl. refuge report. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 
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Compatibility Determination 

Use: Environmental Education and Interpretation 

Station Name: Midway Atoll National Wildlife Refuge/Battle of Midway National 

Memorial 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is an unincorporated territory of the United States, and 

lies outside the State of Hawaii. 

Establishing and Acquisition Authority(ies): 

Midway Atoll NWR (NWR) was established in 1988 as an overlay NWR under a cooperative agreement 

with the U.S. Navy. Under this agreement, administrative responsibility for the refuge was shared by the 

U.S. Fish and Wildlife Service (FWS) and the Navy. The Naval Air Facility at Midway was 

operationally closed in 1993. Facility cleanup was completed by June 30, 1997, when the Navy and its 

contractors departed. Custody and accountability for Midway Atoll were officially transferred from the 

Navy to the FWS in May 1996. Executive Order 13022, signed by President Clinton on October 31, 

1996, superseded earlier orders that assigned responsibility for Midway to the Navy. Secretary of the 

Interior Babbitt signed Secretary’s Order 3217 on September 13, 2000, designating Midway Atoll NWR 

concurrently as the Battle of Midway National Memorial. On June 15, 2006, President Bush signed 

Presidential Proclamation 8031 making Midway Atoll NWR part of the newly established 

Papahānaumokuākea Marine National Monument. Under that Proclamation, Midway has unique 

authority and responsibility as a Special Management Area. 

Refuge Purpose(s): 

Midway Atoll NWR was established pursuant to the Fish and Wildlife Act of 1956 and the Fish and 

Wildlife Coordination Act of 1934. Pertinent language in those statutes includes: 

1. ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.” (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .” (Fish and 

Wildlife Coordination Act of 1934). 

The following additional purposes were included in Executive Order 13022, dated October 31, 1996, 

which transferred jurisdiction and control over the Midway Islands from the U.S. Navy to the U.S. 

Department of the Interior: 

1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 
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April 2008 D-154 Appendix D: Compatibility Determinations 

4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway=s historic 

significance. 

National Wildlife Refuge System Mission 

The mission of the National Wildlife Refuge System is: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans. (16 U.S.C. 

668dd et seq.) 

Description of Use(s): 

Both environmental education and interpretation strive to convey an understanding and appreciation of 

refuge resources and the issues that affect them. For this reason these two uses have been combined in 

one compatibility determination. 

Due to Midway’s remote location and limited accessibility, onsite environmental education programs will 

be limited. However, with new technology, we will be able to offer offsite programs through satellite 

transmissions to schools around the world. Recognizing the role of teachers and educators in conveying 

environmental education to their students, refuge staff and partners will develop biennial teachers’ 

workshops to be held on Midway. These workshops will be linked to existing curriculums such as 

Navigating Change. Refuge staff will also facilitate opportunities for cooperative organizations to 

conduct college level courses or informal education camps on Midway. 

Interpretation of the natural and historic resources on Midway Atoll NWR and cultural resources of the 

Northwestern Hawaiian Islands will take many forms, including (1) guided walks and bicycle tours with 

FWS interpreters, (2) self-guided interpretive walks to selected historical sites, (3) regularly scheduled 

“field talks” with FWS interpreters or cooperators who will demonstrate research techniques or natural 

history phenomena (e.g., evening petrel flights), and (4) indoor evening programs on various topics 

relative to Midway’s cultural, historic, and natural history. Visitors will also be able to participate on 

scheduled 3-hour field trips to Eastern Island, where they will be led on guided walks by FWS-approved 

staff and/or guides. 

Visitors will be encouraged to come to the visitor center for further interpretation of refuge resources, 

environmental issues, and the Battle of Midway National Memorial. New exhibits will be developed that 

highlight the new Papahānaumokuākea Marine National Monument. 

This use also includes visitors who arrive via cruise ship and are led on 2-hour interpretive tours by FWSapproved staff and/or guides. 

Availability of Resources: 

Current refuge staffing is not adequate to properly run a quality visitor program. For Fiscal Year 2007 it 

is anticipated that the refuge will add at least one refuge ranger on-island to work with visitors. 

Additional staff support will be provided by the Hawaiian and Pacific Islands NWR Complex for periods 

of peak visitor use. To properly support the full visitor program envisioned in 2008 and beyond, two 
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additional visitor services specialists and a law enforcement officer will be required in addition to 

increased staffing needs by the refuge infrastructure support contractor. Certain refuge infrastructure 

improvements will also be needed to support the visitor program. These will include improved signing, 

larger and safer boats, on-island transportation (bicycles or golf carts), and kayaks. 

Midway Atoll NWR has been charged by Congress and FWS with developing a visitor program that is 

self-sustaining financially. To help us meet this goal Congress has also given the refuge receipts 

authority, which allows the refuge to keep reasonable fees collected for services provided at Midway 

Atoll. These fees will be used to offset costs of implementing the visitor services program. 

Category and Itemization One time ($) Annual 

($/yr) 

Administration and Management $ 17,140

Maintenance 1,000

Monitoring 

Special equipment, facilities or improvements 30,000 2,000

Offsetting revenues $165,000 $165,000

Estimated costs were calculated using 35% of the base cost of a GS-7 refuge ranger assuming that this 

priority use would use that portion of a year to administer. Off-setting revenues are fees paid by visitors 

for their stay on Midway. Monitoring of impacts would be completed by the refuge ranger as part of their 

time committed to this use. 

Anticipated Impacts of the Use(s): 

Environmental Education 

Impacts from visitors attending scheduled workshops and participating in walking or biking interpretive 

tours or self-guided tours on Sand Island will be minimal. All of these activities will occur on hard 

surfaced roads with very limited wildlife disturbance. 

Minimal to no impact on refuge resources is anticipated from offsite programs, since educational 

demonstrations will be conducted or supervised by trained FWS-approved staff and/or guides. 

Interpretation 

Minimal impact to refuge resources is anticipated as described in the above Aguided walks and bicycle 

tours@ section. Additional potential impact to nesting seabirds, monk seals, and green sea turtles may 

occur if visitors and residents wander off self-guided interpretive walks. Impacts include destroying 

nesting burrows of Bonin petrels or wedge-tailed shearwaters; injuring or killing an egg, chick, or adult 

by stepping on a bird or nest; decreasing nesting success of breeding birds; or disturbing or deterring a 

resting monk seal or green sea turtle from a preferred haulout, molting, or pupping location. Studies 

conducted in seabird colonies with ecotourism operations have documented that birds located away from 

frequently visited areas react strongly to any human activity. Birds were observed to habituate to high 

levels of constant visitation, but not to less constant (although regular) visitation (Fowler 1995). 

Therefore, birds located far from trails are most likely to be disturbed from wandering visitors or 

residents. Monk seal research has documented that pregnant females would abandon preferred pupping 

locations due to human disturbance (Kenyon 1972). 
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Cruise ships that visit Midway Atoll are required to stay outside the harbor entrance channel and to ferry 

their passengers to shore via ship’s tenders. Possible damage to coral could occur if the ship anchored in 

shallow water or drifted into coral areas. Additional damage could occur from discharge of gray or black 

water from the ship during the anchorage period at Midway. 

Regularly scheduled Afield talks@ at selected locations by FWS-approved staff and/or guides 

Minimal to no anticipated impacts on refuge resources are associated with regularly scheduled Afield 

talks.@ Talks will be located near seabird colonies, but leaders and participants will not enter into the 

main area of the colony for these talks. Keeping the group at the edge of the colony will limit stress to the 

few birds actually closest to the group. Studies have shown that birds can adapt to repeated disturbance, 

so selection of an area where the birds are regularly passed by residents and visitors on town roads will 

minimize the impact of this activity. 

Potential impacts include brief disturbance to nesting seabirds. Only trained FWS-approved staff and/or 

guides conducting the talk will be entering nesting colonies for brief periods. 

Evening programs at various indoor locations 

No anticipated impacts are anticipated due to indoor locations. 

Eastern Island tours

Minimal impacts include disturbance to nesting birds (primarily Laysan and black-footed albatrosses 

(Diomedea immutabilis and Diomedea nigripes, respectively), and sooty and gray-backed terns (Sterna 

fuscata and Sterna lunata, respectively)) along tour routes. Tours will be restricted to the historic 

runways, limiting the disturbance to shrub and burrow nesters such as the red-footed booby (Sula sula), 

great frigatebird (Fregata minor), and Christmas shearwater (Puffinus nativitatis). During the sooty tern 

nesting season, tours will be adjusted as needed to minimize disturbance to nesting sooty terns on 

runways. Visitors will be advised to travel in single file in an expeditious manner through the colony. 

Photography will be allowed at the beginning and end of such a transit, not in the middle, to reduce the 

length of disturbance to the core nesting population. 

Impacts will also be associated with the increased number of boat landings on the island. Boat landings 

(boat and people noise) may occasionally disturb resting endangered Hawaiian monk seals and threatened 

green sea turtles on Eastern Island beaches as well as those that are prospecting safe haulout locations 

(Kenyon 1972). All trips to Eastern Island will be closely supervised by FWS-approved staff and/or 

guides. Visitor tours of Eastern Island will be offered no more than once a week, unless specifically 

authorized by the refuge manager, and generally will be completed within a 3-hour period. Boats will 

tether to either end of the 150-foot pier, and disembarking passengers will be briefed on proper behavior 

to minimize disturbance to Hawaiian monk seals or green sea turtles that may be present. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Draft Interim Visitor 

Services Plan from the period of December 8, 2006, through February 6, 2007. The plan and associated 

compatibility determinations were made available through printed copies upon request and through the 

FWS Website at http://www.fws.gov/midway. This level of review and comment was selected to meet 

FWS requirements under the National Wildlife Refuge System Administration Act of 1966, as amended.
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April 2008 D-157 Appendix D: Compatibility Determinations 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

• All onsite environmental education will be closely supervised by FWS-approved staff and/or 

guides, as well as by accompanying teachers. 

• All students will be subject to the same restrictions (e.g., beach closures, distances from monk 

seals, etc.) as other visitors. 

• All guided Sand Island tours will be led by FWS-approved staff and/or guides and will be 

adjusted on the spot to avoid disturbance of Hawaiian monk seals and green sea turtles and to 

minimize conflicts with nesting seabirds. 

• No more than 25 people will be led at one time on guided walks and bicycle tours. Tour groups 

from cruise ships, which walk along paved roads with clear markings and tour guides to ensure 

the group remains together, may exceed this number, up to a total of 50 people per group. 

• All visitors will attend an orientation upon (or before) arrival and be given appropriate narrative 

and graphic material to clearly indicate which areas are open for public use and to clarify 

regulations in force to protect wildlife and habitat. Cruise ship visitors receive an orientation 

from a FWS-approved staff and/or guides onboard ship or by handouts specific to their visit to 

Midway Atoll. 

• Signing along self-guided trails will identify approved areas for beach access, wildlife 

observation, etc. Monument staff will monitor public use to assess and respond to incidents of 

noncompliance with refuge regulations. Vegetative screening will be used to ensure that visitors 

do not walk off trails. 

• “Field talks” will be located outside, on roads or trails along the edge of nesting seabird colonies 

or at a safe distance from other wildlife species. Only trained FWS-approved staff and/or guides 

conducting the talk will be entering nesting colonies for brief periods. 

• Interpreters will clearly explain the rationale for access restrictions and the actions that will be 

taken to enforce regulations. 

• The frequency, duration, and route of guided Eastern Island tours will be modified, as needed, to 

avoid disturbance to Hawaiian monk seals and green sea turtles and to minimize disturbance to 

seabirds. 

• Cruise ships will be given a specific location for safe anchorage outside the channel entrance. 

FWS personnel will work with NOAA to identify the best location for this anchorage prior to the 

first cruise ship arrival under the new monument regulations. 

• Cruise ships will be prohibited from discharging of any gray or black water during their 

anchorage period and for the entire period they are within monument waters, in accordance with 

their monument permit conditions. They will be advised of this requirement during event 
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planning and reminded again just prior to arrival. Any detected violation of this requirement will 

be cause for barring of this cruise line from any future stops at Midway Atoll NWR and will be 

pursued as a violation of monument regulations. Refuge staff will seek assistance from NOAA to 

use currently available sonar or other technology to assess the suitability for anchoring cruise 

ships just out from the harbor channel entrance. Sites determined to be suitable will be marked 

by GPS and that site transmitted to visiting ships. Cruise ships will also be advised that due to 

possible impacts to monk seals and sea turtles, the speed limit for their tenders within the harbor 

is 10 knots. 

• Due to concern over the introduction of invasive marine species into Midway Atoll and the 

monument, all cruise ships and sailboats must meet the hull inspection requirements required 

under Presidential Proclamation 8031.. 

Justification: 

Midway Atoll NWR provides unique educational opportunities, not found elsewhere in the United States. 

Compatible environmental education and interpretation are priority general public uses of the National 

Wildlife Refuge System as designated in the National Wildlife Refuge System Improvement Act of 1997. 

References Cited: 

Kenyon, K.W. 1976. Man versus the monk seal. J. of Mammal. 53(4):687-696. 

Fowler,G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of 

Magellanic penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Mandatory 10- or 15-year Reevaluation Date: 

_____X______ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

____________ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 
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FINDING OF APPROPRIATENESS OF A REFUGE USE; ATTACHMENT 1 

USE: Participatory Research 

Supplemental information for Decision Criteria (e) and (i): 

(e) Is the use consistent with goals and objectives in an approved management plan or other document? 

Involving visitors in hands-on habitat and historic restoration projects and limited wildlife monitoring 

activities is consistent with the draft goals and objectives identified in the Midway Atoll Interim Visitor 

Services Plan, as well as the purposes of the refuge and the mission of the National Wildlife Refuge 

System. Refuges are encouraged to use volunteers in accordance with FWS policy (150 FW 1.4): 

• To provide people with opportunities to assist us in the accomplishment of our mission by 

contributing to the preservation and conservation of our natural and cultural resources. 

• To enhance our performance through the creativity and innovations, labor, and expertise 

contributed by volunteers. 

• To provide opportunities for students and others to gain experience in areas of interest for future 

careers. 

• To complete projects and other work that we would not otherwise accomplish without the use of 

volunteers. 

• To encourage stewardship of wildlands, wildlife, and other natural and cultural resources through 

public participation in and contribution to FWS programs and operations. 

(i) Does the use contribute to the public’s understanding and appreciation of the refuge’s natural and 

cultural resources, or is the use beneficial to the refuge’s natural or cultural resources? 

By volunteering for these hands-on activities, visitors will gain a far better understanding of the 

importance of protecting habitat for migratory seabirds, shorebirds, marine mammals, and sea turtles. 

They will learn firsthand the threats from invasive plant species and the difficulty of eradicating them to 

restore native habitats. They will also gain a new knowledge and caring for America’s historic resources 

and learn more about methods to protect them. In turn, the refuge’s remarkable natural and historic 

resources will gain significantly from the additional work visitors will be able to accomplish that limited 

staff cannot address. 
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Compatibility Determination

Proposed Use: Participatory Management/Research Program 

Refuge Name: Midway Atoll National Wildlife Refuge and Battle of Midway National 

Memorial 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is an unincorporated territory of the United States, and 

lies outside the State of Hawaii. 

Establishing and Acquisition Authority(ies):

Midway Atoll National Wildlife Refuge was established in 1988 as an overlay National Wildlife Refuge 

(NWR) under a cooperative agreement with the U.S. Navy. Under this agreement, administrative 

responsibility for the refuge was shared by the U.S. Fish and Wildlife Service (FWS) and the U.S. Navy 

(Navy). The Naval Air Facility at Midway was operationally closed in 1993. Facility cleanup was 

completed by June 30, 1997, when the Navy and its contractors departed. Custody and accountability for 

Midway Atoll were officially transferred from the Navy to FWS in May 1996. Executive Order 13022, 

signed by President Clinton on October 31, 1996, superseded earlier orders that assigned responsibility 

for Midway to the Navy. Secretary of the Interior Babbitt signed Secretary’s Order 3217 on September 

13, 2000, designating Midway Atoll NWR concurrently as the Battle of Midway National Memorial. On 

June 15, 2006, President Bush signed Presidential Proclamation 8031 making Midway Atoll NWR part of 

the newly established Papahānaumokuākea Marine National Monument. Under that Proclamation, 

Midway has unique authority and responsibility as a Special Management Area. 

Refuge Purpose(s):

Midway Atoll NWR was established pursuant to the Fish and Wildlife Act of 1956 and the Fish and 

Wildlife Coordination Act of 1934. Pertinent language in those statutes includes: 

1 . ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.@ (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .@ (Fish and 

Wildlife Coordination Act of 1934). 

The following purposes were included in Executive Order 13022, dated October 31, 1996, which 

transferred jurisdiction and control over the Midway Islands from the Navy to the Department of the 

Interior: 

1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 
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3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 

4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway=s historic 

significance. 

National Wildlife Refuge System Mission

The mission of the National Wildlife Refuge System is: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans. (National 

Wildlife Refuge System Administration Act of 1966, as amended [16 U.S.C. 668dd-668ee.]) 

Description of Use(s): 

Specific visitor programs at Midway Atoll NWR will be designed to have visitors participate in a variety 

of wildlife monitoring and/or research activities, habitat management projects, and historic resource 

protection projects. Projects include (1) seabird population monitoring (e.g., nest abundance, nesting 

chronology, nesting success/chick survival, banding, etc.), (2) habitat restoration (e.g., clearing of exotic 

vegetation, planting native vegetation, etc.), and (3) historic site preservation/restoration (e.g., 

rehabilitation of historic buildings or gun emplacements). All projects are under the close supervision of 

FWS-approved staff and/or guides. 

Availability of Resources: 

Current refuge staffing is not adequate to properly run a quality visitor program. For Fiscal Year 2007 it 

is anticipated that the refuge will add at least one refuge ranger on-island to work with visitors. 

Additional staff support will be provided by the Hawaiian and Pacific Islands NWR Complex for periods 

of peak visitor use. To properly support the full visitor program envisioned in 2008 and beyond, two 

additional visitor services specialists and a law enforcement officer will be required in addition to 

increased staffing needs by the refuge infrastructure support contractor. Certain refuge infrastructure 

improvements will also be needed to support the visitor program. These will include improved signing, 

larger and safer boats, on-island transportation (bicycles or golf carts), and kayaks. The participatory 

research program will be closely integrated with our existing volunteer program which is adequately 

supported by available funds. Existing refuge staff and experienced and qualified refuge volunteers will 

be used to orient and train visitors who will participate in this program. 

Midway Atoll NWR has been charged by Congress and FWS with developing a visitor program that is 

self-sustaining financially. To help us meet this goal Congress has also given the refuge receipts 

authority, which allows the refuge to keep reasonable fees collected for services provided at Midway 

Atoll. These fees will be used to offset costs of implementing the visitor services program. 

Costs shown below were determined by allowing 5 days of extra work by the refuge biologist to complete 

the needed administrative work to enroll visitors as volunteers, provide the needed orientation and 

instruction, monitor their work, and complete the needed reporting requirements. Offsetting revenues 
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shown are generated by multiplying the daily visitor fee ($55) times the anticipated number of 

participants (125) under a fully operating program. 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $1,000

Maintenance 

Monitoring $650 

Special equipment, facilities or improvements 

Offsetting revenues $6,875

Anticipated Impacts of the Use(s): 

1. Seabird population monitoring. Minimal impact is anticipated from activity of participatory 

research volunteers within nesting seabird colonies. Potential impacts include destroying nesting 

burrows of Bonin petrels or wedge-tailed shearwaters, temporary disturbance to nesting birds, or 

disturbing a resting monk seal or green sea turtle from a nearby haulout location. Stress reactions 

(elevated heart rate, elevated levels of corticosterone, and behavioral responses) have been 

documented in several species of nesting seabirds at several ecotourism locations as a result of 

human activities in nesting colonies (Jungius and Mirsch 1979, Fowler 1995, and Nimon et al. 

1995). Studies, however, have not been conducted to document the long-term cumulative effects 

of this human disturbance. Another study on Xanthus= murrelets (Synthliboramphus hypoleucus) 

documented an increased stress response when birds were handled for a longer period during 

research activities (Newman et al. 1997). Short-term participatory research volunteers will be 

working at a slower pace than a trained FWS biologist or volunteer, potentially increasing the 

amount of disturbance to nesting seabirds involved in the study or in the area. 

2. Habitat restoration. Minimal to no impact to nesting seabirds found within the targeted habitat 

restoration area is anticipated. Impacts include temporary disturbance to surface-nesting adults or 

chicks or injury or death of Bonin petrel or wedge-tailed shearwater adult/egg/chick after 

crushing a burrow. See above (1) for seabird/human disturbance concerns. 

3. Historic site preservation. Minimal to no impact on nesting seabirds or other wildlife from 

actions to stabilize historical structures or to remove invasive trees and shrubs is expected. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Draft Interim Visitor 

Services Plan from the period of December 8, 2006, through February 6, 2007. The plan and associated 

compatibility determinations were made available through printed copies upon request and through the 

FWS Website at http://www.fws.gov/midway. This level of review and comment was selected to meet 

FWS requirements under the National Wildlife Refuge System Administration Act of 1966, as amended.

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 
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Stipulations Necessary to Ensure Compatibility: 

• All participating visitors will attend the initial orientation and will be thoroughly briefed by the 

FWS-approved staff and/or guides on the approved and prohibited activities. 

• Participants involved in seabird projects will be shown how to collect data to avoid or minimize 

nesting bird disturbance, including burrowing species. Orientation will include a demonstration 

of how to clear a petrel burrow after cave-in. Field activity will be timed to avoid exposure of 

chicks and eggs to intense sun. 

• Participants in habitat restoration projects will be supervised by FWS-approved staff and/or 

guides. They will avoid areas where nesting (including burrowing) birds will be disturbed. 

Justification: 

Participation of visitors in research, monitoring, habitat restoration, and historic preservation projects will 

contribute to the achievement of refuge objectives. Projects will be completed that would not be possible 

given limitations on staff. Participants will also benefit by the educational experience and by the 

opportunity to contribute directly to refuge projects. 

Mandatory 10- or 15-year Reevaluation Date: 

____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

_____X______ Mandatory 10-year reevaluation date (for nonwildlife dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Fowler, G.S. 1995. Ecotourism, field studies and stress: behavioral and hormonal responses of 

Magellanic penguins to nest site disturbance. Abstracts to Pacific Seabird Group Annual Meeting, 1995. 

Jungius, H. and U. Mirsch. 1979. Changes in heartbeats in nesting birds at Galapagos by human 

disturbance. J. Orn. 120:299-310. 

Nimon, A.J., R.C. Schroter, and B. Stonehouse. 1995. Heart rate of disturbed penguins. Nature 374:415. 
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FINDING OF APPROPRIATENESS OF A REFUGE USE; ATTACHMENT 1 

USE: Airport Use for nonadministrative purposes 

Supplemental information for Decision Criteria (e) and (i): 

(e) Is the use consistent with goals and objectives in an approved management plan or other document? 

Although not a specific refuge purpose, Midway Atoll has been charged by Congress with the continued 

operation of Henderson Airfield for use as an emergency diversion airport for twin-engine jets flying over 

the Pacific. In cooperation with the Federal Aviation Administration (FAA), FWS, through its contractor, 

operates Henderson Airfield to meet appropriate Part 139 Standards. No additional refuge acreage has 

been taken or altered for this use. Over time the abandoned runway will be restored to natural habitat 

appropriate for that part of the island. Henderson Airfield operation is managed to the maximum degree 

possible to minimize harm to refuge resources – primarily seabirds such as albatrosses, white terns, and 

brown noddies. 

(i) Does the use contribute to the public’s understanding and appreciation of the refuge’s natural and 

cultural resources, or is the use beneficial to the refuge’s natural or cultural resources? 

Operation of Henderson Airfield allows the refuge staff, other agencies, and the public the opportunity to 

come to Midway by airplane instead of relying solely on ships. This one logistical factor makes Midway 

unique among the Northwestern Hawaiian Islands and is the pivotal reason FWS is able to plan a visitor 

program at Midway. With the airport, far more visitors will be able to come to Midway than by ship 

alone, allowing them the opportunity to observe and learn about the diverse wildlife species and varied 

historic resources that make Midway a unique location to visit and a culturally important site for all 

Americans. 
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Compatibility Determination

Use(s): Airport Operation (for Nonadministrative Purposes) 

Refuge Name: Midway Atoll National Wildlife Refuge and Battle of Midway National 

Memorial 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is an unincorporated territory of the United States, and 

lies outside the State of Hawaii. 

Establishing and Acquisition Authority(ies):

Midway Atoll National Wildlife Refuge was established in 1988 as an overlay National Wildlife Refuge 

(NWR) under a cooperative agreement with the U.S. Navy. Under this agreement, administrative 

responsibility for the refuge was shared by the U.S. Fish and Wildlife Service (FWS) and the U.S. Navy 

(Navy). The Naval Air Facility at Midway was operationally closed in 1993. Facility cleanup was 

completed by June 30, 1997, when the Navy and its contractors departed. Custody and accountability for 

Midway Atoll were officially transferred from the Navy to the FWS in May 1996. Executive 

Order 13022, signed by President Clinton on October 31, 1996, superseded earlier orders that assigned 

responsibility for Midway to the Navy. Secretary of the Interior Babbitt signed Secretary’s Order 3217 on 

September 13, 2000, designating Midway Atoll NWR concurrently as the Battle of Midway National 

Memorial. On June 15, 2006, President Bush signed Presidential Proclamation 8031 making Midway 

Atoll NWR part of the newly established Papahānaumokuākea Marine National Monument. Under that 

Proclamation, Midway has unique authority and responsibility as a Special Management Area. 

Refuge Purpose(s):

Midway Atoll NWR was established pursuant to the Fish and Wildlife Act of 1956 and the Fish and 

Wildlife Coordination Act of 1934. Pertinent language in those statutes includes: 

1. ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.” (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .” (Fish and 

Wildlife Coordination Act of 1934). 

The following additional purposes were included in Executive Order 13022, dated October 31, 1996, 

which transferred jurisdiction and control over the Midway Islands from the U.S. Navy to the U.S. 

Department of the Interior: 

1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 
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3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 

4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway’s historic 

significance. 

National Wildlife Refuge System Mission: 

The mission of the National Wildlife Refuge System is: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans. (National 

Wildlife Refuge System Administration Act of 1966, as amended [16 U.S.C. 668dd-668ee.]) 

Description of Use(s): 

Although not a specific refuge purpose, Midway Atoll has been charged by Congress with the continued 

operation of Henderson Airfield for use as a Part 139 airport for twin-engine jets flying over the Pacific. 

In cooperation with the FAA, FWS, through its contractor, operates Henderson Airfield to meet 

appropriate Part 139 Standards. 

Modern large passenger airplanes are extremely safe and reliable so use of Henderson Airfield for this 

purpose is very rare. In fact, in the past 3 years only one large passenger airliner has landed at Midway 

due to an in-flight emergency. However, many other aircraft use Henderson Airfield on a regular basis. 

Nonrefuge administrative/management flights that would be covered by this use include FAA required 

navigational aid flight checks, flights by other agencies that have business or equipment on Midway, and 

visitor program flights. For the period of this plan (less than 5 years), nonadministrative flights are 

estimated at 50 per year. This is a maximum figure based on 4 visitor flights per month for 9 months and 

14 other agency flights. 

Use also includes operation of a fuel truck to fuel a limited number of non-FWS related aircraft. At the 

present time this includes the Coast Guard but not general transient aircraft as the FWS has issued a 

Notice to Airmen that fuel sales at Midway have been discontinued. 

Availability of Resources: 

Adequate personnel and funding are available for operation of Henderson Airfield. Current funding for 

airport operations comes from the FAA at the direction of Congress. Refuge personnel assist with airport 

operations from time to time, but this is an infrequent demand on refuge resources and within our 

available staffing and funding. Nonrefuge/FAA flights are charged a landing fee, which can be used to 

offset personnel and equipment costs of staffing the airport and is adequate to cover costs incurred by the 

charged flight. The costs detailed below are calculated using an estimated 36 visitor flights per year 

(9 months at 4/mo.) and 14 other agency flights per year for a total of 50. Revenues from landing and 

ramp fees vary by the amount of services provided and range from a low of $464 to a maximum of 

$1,547. For the purposes of this analysis an average rate of $1,130 is used based on the most common 

services provided. 
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Category and Itemization One time ($) Annual 

($/yr) 

Administration and Management $300 $15,000

Maintenance 100 5,000

Monitoring 64 3,200

Special equipment, facilities or improvements 666 33,300

Offsetting revenues $1,130 $56,500

Anticipated Impacts of the Use(s): 

The 2 million seabirds that use Midway during the peak breeding season make aircraft flights to the island 

potentially hazardous to both the birds and the aircraft. Albatrosses, both Laysan and black-footed, use 

the airport runway as a soaring area as they travel on feeding forays during the day (363 seabird runway 

crosses per minute, Dolbeer and Arrington, 1996). Bird use of the runway declines dramatically at night 

(6 seabird runway crosses per minute, Dolbeer and Arrington, 1996) however, so flights then have a much 

reduced chance of hitting birds. During the primary albatross season, November through July, flights are 

scheduled to arrive and depart during dark, thus minimizing impacts to albatross and other seabirds. 

During the months of August, September, and October flights arrive during the day and may occasionally 

hit a white tern or brown noddy. It is not possible to reduce the bird strike risk at Henderson Airfield to 

zero at any time of day or year short of suspending all administrative and nonadministrative flight 

operations. However, the small number of annual flights to the island and the requirement of night flights 

for most of the year make the overall impact to refuge resources minimal. 

Extensive use of lights at the airport hangar causes problems for seabirds, especially Bonin petrels. These 

birds are disoriented by the bright flood lights at the hangar and as a result frequently fly into the side of 

the building and roof. During peak petrel season, this activity can result in death or injury of up to 6 birds 

per night. Currently this type of use and impact occurs during night arrivals in the months from 

November through May. The frequency of aircraft arrival at Henderson Airfield will go up upon 

implementation of this plan to from the current 3 per month to as many as 8 per month at full operation. 

Proper operation of the fuel truck presents no hazards to refuge resources. In the event of a spill, fuel 

containment supplies and equipment are stored at the airport hangar for immediate response. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Draft Interim Visitor 

Services Plan from the period of December 8, 2006, through February 6, 2007. The plan and associated 

compatibility determinations were made available through printed copies upon request and through the 

FWS Website at http://www.fws.gov/midway. This level of review and comment was selected to meet 

FWS requirements under the National Wildlife Refuge System Administration Act of 1966, as amended.

 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 
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Stipulations Necessary to Ensure Compatibility: 

• Except for emergency landings, flights will be required to land and depart in the dark during the 

months from November through July. 

• To reduce the time during which aircraft fly at heights used most frequently by birds (1,000 feet 

or less), aircraft will be advised to use steeper than normal landing and take-off flight paths. For 

landings, pilots will be advised to use a 1,500-foot displaced threshold and then descend at a 5 

degree glide slope. For take-offs, pilots will be advised to be airborne by midfield and then to 

climb out at a path of 10-11 degrees pitch up for first 1,000 feet of elevation. 

• Lights used to illuminate airport passenger and baggage handling areas must be designed and 

installed to reduce impacts to Bonin petrels, which are negatively affected by artificial light. 

• Prior to each landing and take off, airport staff will ensure the runway is clear of all birds. 

Frequently this involves physically removing them by hand. 

Justification: 

Operation of Henderson Airfield at Midway Atoll NWR increases safety of all flights crossing the 

northern Pacific and is congressionally mandated. Use of the airport by other agencies with official 

business at Midway can be allowed by using proper procedures that reduce the impacts to Midway’s 

wildlife resources to a very minimal level. Flights to accommodate the visitor program will greatly 

increase the number of people who can experience, learn about, and enjoy the wildlife and historic 

resources found at Midway Atoll. 

Mandatory 10- or 15-year Reevaluation Date: 

____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

______X_____ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 

References Cited: 

Dolbeer, R., and D. P. Arrington. 1996. Can albatrosses and aircraft coexist on Midway Atoll? In Bird 

Strike Committee Europe, London. 
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FINDING OF APPROPRIATENESS OF A REFUGE USE; ATTACHMENT 1 

USE: Nonwildlife-dependent Beach Use 

Supplemental information for Decision Criteria (e) and (i): 

(e) Is the use consistent with goals and objectives in an approved management plan or other document? 

This use is consistent with the approved 1996 Public Use Plan. Allowance for this use of North Beach of 

Sand Island on Midway Atoll NWR is also provided in FWS policy for long-term island residents in 

remote locations. 

Both island residents and visitors are aware through an orientation given to all persons when they first 

arrive on the island that this privilege is allowed only as long as it has no negative impacts to fish or 

wildlife resources using the area. No negative impacts to Hawaiian monk seals, seabirds, or other wildlife 

have been detected by refuge staff during casual, periodic monitoring during the past 4 years. A more 

rigid and quantifiable impact analysis will be developed prior to full scale implementation of this visitor 

program. Detected negative impacts to sensitive wildlife species, notably monk seals, will require that the 

use parameters be changed or the use discontinued. 

(i) Does the use contribute to the public’s understanding and appreciation of the refuge’s natural or 

cultural resources, or is the use beneficial to the refuge’s natural or cultural resources? 

Swimming or sunbathing does not directly contribute to the public’s understanding and appreciation of 

the refuge’s natural or cultural resources, nor is the use beneficial to the refuge’s natural or cultural 

resources. However, if the refuge rules for use of the beach are followed, neither do they detract from 

them. 

Although not a priority public use as determined by the National Wildlife Refuge System Improvement 

Act of 1997, nonwildlife-dependent beach use at Midway Atoll NWR is popular and compatible. The 

opportunity to relax on the beach and swim in the lagoon waters will enhance the quality of life for 

Midway residents, many of whom are stationed at the refuge for extended periods, without access to 

amenities normally available in a typical urban setting. Although their primary interest may be swimming 

or sunbathing, the abundance of birdlife that continually flies overhead makes these activities a wildlife 

observation opportunity as well. 

These opportunities will also be available for refuge visitors, to improve their experience without 

jeopardizing Midway’s wildlife resources or conflicting with the high priority wildlife-dependent 

activities. 
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Compatibility Determination

Use(s): Nonwildlife-dependent Beach Use 

Refuge Name: Midway Atoll National Wildlife Refuge and Battle of Midway National

Memorial 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is an unincorporated territory of the United States, and 

lies outside the State of Hawaii. 

Establishing and Acquisition Authority(ies):

Midway Atoll National Wildlife Refuge was established in 1988 as an overlay National Wildlife Refuge 

(NWR) under a cooperative agreement with the U.S. Navy. Under this agreement, administrative 

responsibility for the refuge was shared by the U.S. Fish and Wildlife Service (FWS) and the U.S. Navy 

(Navy). The Naval Air Facility at Midway was operationally closed in 1993. Facility cleanup was 

completed by June 30, 1997, when the Navy and its contractors departed. Custody and accountability for 

Midway Atoll were officially transferred from the Navy to the FWS in May 1996. Executive 

Order 13022, signed by President Clinton on October 31, 1996, superseded earlier orders that assigned 

responsibility for Midway to the Navy. Secretary of the Interior Babbitt signed Secretary’s Order 3217 

on September 13, 2000, designating Midway Atoll NWR concurrently as the Battle of Midway National 

Memorial. On June 15, 2006, President Bush signed Presidential Proclamation 8031 making Midway 

Atoll NWR part of the newly established Papahānaumokuākea Marine National Monument. Under that 

Proclamation, Midway has unique authority and responsibility as a Special Management Area. 

Refuge Purpose(s): 

Midway Atoll NWR was established pursuant to the Fish and Wildlife Act of 1956 and the Fish and 

Wildlife Coordination Act of 1934. Pertinent language in those statutes includes: 

1. ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.” (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .” (Fish and 

Wildlife Coordination Act of 1934). 

The following additional purposes were included in Executive Order 13022, dated October 31, 1996, 

which transferred jurisdiction and control over the Midway Islands from the U.S. Navy to the U.S. 

Department of the Interior: 

1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 
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4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway’s historic 

significance. 

National Wildlife Refuge System Mission: 

The mission of the National Wildlife Refuge System is: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans. (16 U.S.C. 

668dd et seq.) 

Description of Use(s): 

Midway Atoll NWR residents and visitors use North Beach for nonwildlife-dependent beach activities 

such as sunbathing and swimming. Although all of North Beach is open for visitor use, most activities 

occur in the small area between Captain Brooks and the Clipper House. The entire North Beach is open 

as a “trail” for wildlife observation and receives use from refuge residents and visitors. Impacts to refuge 

resources under that use are covered in the Wildlife Observation Compatibility Determination. 

 

A small number (6) of heavy, plastic lounge chairs will be set out for visitor use. This type of solid chair 

with no openings has been in use on North Beach for nearly 10 years and has caused no negative impacts 

on nearby seabirds or monk seals. Visitors and residents typically spend only a small part of a day on the 

beach (less than 1 hour), usually to relax and swim during the afternoon. Swimming is typically of short 

duration and is restricted to areas close to shore. In the interest of public safety, a pole with a throw line 

and life saving ring are mounted in the center of this use area. Beach users will be advised that swimming 

will be allowed from 1⁄2 hour after sunrise until 1⁄2 hour before sunset. Sunrise/sunset tables will be posted 

in the Captain Brooks beach facility. 

Availability of Resources: 

Current refuge staffing is not adequate to properly run a quality visitor program. For Fiscal Year 2007 it 

is anticipated that the refuge will add at least one refuge ranger on-island to work with visitors. 

Additional staff support will be provided by the Hawaiian and Pacific Islands NWR Complex for periods 

of peak visitor use. To properly support the full visitor program envisioned in 2008 and beyond, two 

additional visitor services specialists and a law enforcement officer will be required in addition to 

increased staffing needs by the refuge infrastructure support contractor. 

Midway Atoll NWR has been charged by Congress and the FWS with developing a visitor program that 

is self-sustaining financially. To help us meet this goal Congress has also given the refuge receipts 

authority, which allows the refuge to keep reasonable fees collected for services provided at Midway 

Atoll. These fees will be used to offset costs of implementing the visitor services program. Costs for 

administration of this use are estimated below: 
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Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $ $

Maintenance 

Monitoring 1350 

Special equipment, facilities or improvements 400 

Offsetting revenues $0 $27,500

Monitoring costs were calculated based on 1.5 hours per week for 9 months for a GS-7 refuge ranger. 

Special equipment includes the one time purchase of new beach chairs. Offsetting revenues were 

calculated for 500 visitors paying a daily refuge access fee of $55, part of which would be used to support 

this use. 

Anticipated Impacts of the Use(s):

Minimal to no negative impacts to refuge resources are expected from this activity. Visitors could 

displace resting monk seals from preferred beach areas if refuge visitor guidelines regarding beach use are 

not followed. Sea turtles have not been seen on North Beach, but should one choose to haul out there, the 

standard 150-foot viewing distance would be required. Since no seabird or Laysan duck nesting occurs in 

the areas used for this activity, no impacts to albatrosses, petrels, shearwaters, Laysan ducks, or other 

birds are expected. If a monk seal has hauled out in an area frequently used by visitors, the area will be 

signed as temporarily closed until the seal changes locations, thereby preventing disturbance to the seal. 

Public Review and Comment:

This determination was issued for public review and comment as part of the Draft Interim Visitor 

Services Plan from the period of December 8, 2006, through February 6, 2007. The plan and associated 

compatibility determinations were made available through printed copies upon request and through the 

FWS Website at http://www.fws.gov/midway. This level of review and comment was selected to meet 

FWS requirements under the National Wildlife Refuge System Administration Act of 1966, as amended. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

• As part of their orientation, visitors will receive information on how to avoid disturbance to 

wildlife, especially Hawaiian monk seals and green sea turtles, and how to recognize behavioral 

indicators of disturbance. 

• Beach areas occupied by resting monk seals will be signed with small portable seal shaped 

placards placed 50 yards from the seals to advise visitors of the seals’ presence so they do not 

inadvertently cause disturbance. 
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• Swimmers will be advised to leave the water if a monk seal or sea turtle approaches them in the 

water. 

• Beach users will be advised how to respond if approached on the beach by a monk seal or sea 

turtle. 

Justification:

Although not a priority general public use as determined by the National Wildlife Refuge System 

Improvement Act of 1997, compatible nonwildlife-dependent beach use at Midway Atoll NWR is a 

popular activity. Visitors and residents alike benefit from the chance to sit and relax on North Beach. 

Although their primary interest may be sunbathing, reading, or relaxing, the abundance of birdlife 

continually flying overhead makes this activity a wildlife observation opportunity as well. 

Alternative recreational opportunities will enhance the quality of life for Midway residents, many of 

whom are stationed at the refuge for extended periods, without access to amenities normally available in a 

typical urban setting. 

Mandatory 10- or 15-year Reevaluation Date: 

____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

______X_____ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 
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FINDING OF APPROPRIATENESS OF A REFUGE USE; ATTACHMENT 1 

USE: Nonwildlife-dependent outdoor sports 

Supplemental information for Decision Criteria (e) and (i): 

(e) Is the use consistent with goals and objectives in an approved management plan or other document? 

Nonwildlife-dependent sports on Midway are consistent with the right-sizing plan completed by 

contractors for FWS in 2003. That planning document, which is used by FWS to make long-term 

commitments for infrastructure improvements, acknowledges the need for island residents and visitors to 

participate in sporting activities by leaving for future use structures such as the gym and All Hands Club. 

This use is considered appropriate only due to the unique circumstances that make Midway Atoll both a 

NWR and a remote, functioning community of 60-85 persons. Normally, refuge staff and visitors have 

many alternative locations to participate in sports activities and do not need to conduct them on a refuge. 

However, Midway’s location, a remote island over 1,200 miles from the nearest other community with 

sports facilities, means that island residents and visitors have no alternative to use of the refuge for this 

purpose. Allowance of this use, especially for refuge residents, helps the participants stay in good 

physical shape and contributes toward overall morale and improved mental health. 

(i) Does the use contribute to the public’s understanding and appreciation of the refuge’s natural or 

cultural resources, or is the use beneficial to the refuge’s natural or cultural resources? 

Although not a priority general public use as determined by the National Wildlife Refuge System 

Improvement Act of 1997, nonwildlife-dependent sports at Midway Atoll NWR are popular. Alternative 

recreational opportunities will enhance the quality of life for Midway residents, many of whom are 

stationed at the refuge for extended periods without access to amenities normally available in a typical 

urban setting. Although their primary interest may be biking or jogging, the abundance of birdlife that 

continually flies overhead or literally covers the field along the road makes these activities a wildlife 

observation opportunity as well. 

These opportunities will also be available for refuge visitors, to improve their experience without 

jeopardizing Midway’s wildlife resources or conflicting with the high priority wildlife-dependent 

activities. 
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Compatibility Determination 

Use(s): Nonwildlife-related Outdoor Sports 

Refuge Name: Midway Atoll National Wildlife Refuge and Battle of Midway National 

Memorial 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is an unincorporated territory of the United States, and 

lies outside the State of Hawaii. 

Establishing and Acquisition Authority(ies):

Midway Atoll National Wildlife Refuge (NWR) was established in 1988 as an overlay NWR under a 

cooperative agreement with the U.S. Navy (Navy). Under this agreement, administrative responsibility 

for the refuge was shared by the U.S. Fish and Wildlife Service (FWS) and the U.S. Navy. The Naval Air 

Facility at Midway was operationally closed in 1993. Facility cleanup was completed by June 30, 1997, 

when the Navy and its contractors departed. Custody and accountability for Midway Atoll were officially 

transferred from the Navy to FWS in May 1996. Executive Order 13022, signed by President Clinton on 

October 31, 1996, superseded earlier orders that assigned responsibility for Midway to the Navy. 

Secretary of the Interior Babbitt signed Secretary’s Order 3217 on September 13, 2000, designating 

Midway Atoll NWR concurrently as the Battle of Midway National Memorial. On June 15, 2006, 

President Bush signed Presidential Proclamation 8031 making Midway Atoll NWR part of the newly 

established Papahānaumokuākea Marine National Monument. Under that Proclamation, Midway has 

unique authority and responsibility as a Special Management Area. 

Refuges Purpose(s): 

Midway Atoll NWR was established pursuant to the Fish and Wildlife Act of 1956 and the Fish and 

Wildlife Coordination Act of 1934. Pertinent language in those statutes includes: 

1 . ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.” (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .” (Fish and 

Wildlife Coordination Act of 1934). 

The following additional purposes were included in Executive Order 13022, dated October 31, 1996, 

which transferred jurisdiction and control over the Midway Islands from the U.S. Navy to the U.S. 

Department of the Interior: 

1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 
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4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway’s historic 

significance. 

National Wildlife Refuge System Mission: 

The mission of the National Wildlife Refuge System is: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans. (16 U.S.C. 

668dd et seq.) 

Description of Use(s):

Several forms of nonwildlife-dependent recreation will be permitted at Midway Atoll for visitors and 

residents. Permitted outdoor recreation will include bicycling, jogging, volleyball, and tennis. Most 

sports will continue to be concentrated within the most developed areas of Sand Island. Volleyball will 

be allowed only in the designated sand court area adjacent to the Captain Brooks facility. Jogging and 

exercise bicycling will be restricted to hard surface roads in the town and industrial/historical area of Sand 

Island during daylight hours only (sunrise to sunset) to avoid wildlife collisions and promote safety. The 

tennis court is located on concrete under the roofline of the airport hangar. 

Availability of Resources:

The proposed use is conducted by refuge residents and visitors during their free time, thus no refuge staff 

time is needed for direct supervision or involvement. However, periodic oversight will be required to 

ensure that this use is not having unexpected impacts on wildlife. Adequate biological staff is available 

for that review, but a refuge officer is needed on island to handle any law enforcement situation that may 

arise from residents or visitors who do not follow refuge rules regarding closed areas. Annual cost 

estimates below were calculated using the cost for a GS-11 biologist for one day and a GS-7 refuge 

officer for one day. Monitoring will be occasional in nature and is not expected to exceed 8 hours per 

year for each person. All biking and jogging will occur on existing roads and trails that are also used for 

refuge administrative purposes, therefore no new maintenance costs will occur. All other costs associated 

with this use are born by the island Morale, Welfare, and Recreation fund. 

Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management 

Maintenance 

Monitoring $520 

Special equipment, facilities or improvements 

Offsetting revenues $0 $0
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Anticipated Impacts of the Use(s): 

Occasional disturbance to nesting albatrosses or albatross chicks may occur around the outdoor volleyball 

court, but the court has a nest-free margin of 20-30 feet, giving the birds an adequate buffer from court 

activity and stray balls. The court area is free of petrel or shearwater burrows, so no impacts will occur to 

those ground nesting birds. The court area is at the extreme edge of the typical beach use area by monk 

seals (300 feet from the water’s edge) so direct or even indirect impacts to seals from volleyball in this 

location is unlikely. No sea turtles have been observed on North Beach. Bicycling and jogging will also 

result in little or no impact on wildlife because bikers and joggers will remain on paved roads or marked 

trails. Joggers will be directed to stay on the paved/gravel roads due to the high risk of stepping into or 

collapsing a petrel burrow. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Draft Interim Visitor 

Services Plan from the period of December 8, 2006, through February 6, 2007. The plan and associated 

compatibility determinations were made available through printed copies upon request and through the 

FWS Website at http://www.fws.gov/midway. This level of review and comment was selected to meet 

FWS requirements under the National Wildlife Refuge System Administration Act of 1966, as amended.

Compatibility Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

• Closed areas will be posted and regulations strictly enforced. Residents and visitors will be 

informed about closed area restrictions through orientation sessions and posted notices. 

• Bicycling and jogging will be limited to paved and gravel roads and trails during daylight hours 

only (sunrise to sunset). 

• A 150-foot approach restriction for seals and turtles will be strictly enforced. If a seal moved to 

within this distance of the volleyball court, the area would not be used (or the game stopped) until 

the seal voluntarily left the area. 

• The volleyball net will be taken down and stored when not in use to eliminate the threat of 

injuring a bird in flight. 

Justification: 

Although not a priority general public use as determined by the National Wildlife Refuge System 

Improvement Act of 1997, compatible nonwildlife-dependent sports at Midway Atoll NWR are popular. 

Alternative recreational opportunities will enhance the quality of life for Midway residents, many of 

whom are stationed at the refuge for extended periods, without access to amenities normally available in a 

typical urban setting. Although their primary interest may be biking or jogging, the abundance of birdlife 

that continually flies overhead or literally covers the field along the road makes these activities a wildlife 

observation opportunity as well. 
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These opportunities will also be available for refuge visitors, to improve their experience without 

jeopardizing Midway’s wildlife resources or conflicting with the high priority wildlife-dependent 

activities. 

Mandatory 10- or 15-year Reevaluation Date: 

____________ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

_____X______ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 
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FINDING OF APPROPRIATENESS OF A REFUGE USE; ATTACHMENT 1 

USE: Amateur Radio Operation 

Supplemental information for Decision Criteria (e) and (i): 

(e) Is the use consistent with goals and objectives in an approved management plan or other document? 

Amateur radio operation at Midway Atoll NWR does not automatically conflict with refuge purposes or 

the National Wildlife Refuge System mission. The unique infrastructure in place at Midway can allow 

for this use without negative impacts on refuge resources if certain special conditions are met pertaining 

to the radio antennae. These conditions are specified in the Stipulations Necessary to Ensure 

Compatibility section of the Compatibility Determination. 

(i) Does the use contribute to the public’s understanding and appreciation of the refuge’s natural or 

cultural resources, or is the use beneficial to the refuge’s natural or cultural resources? 

Amateur radio operation at Midway Atoll NWR will not directly contribute to the public’s understanding 

and appreciation of the refuge’s natural, historic, or cultural resources, nor is it beneficial to the refuge’s 

natural, historic, or cultural resources. However, any visitor to Midway, even one whose primary reason 

for visiting does not relate to the refuge mission or purpose, cannot spend a week on the refuge without 

gaining some understanding of its historical significance and its diverse wildlife. Both the history and the 

wildlife are so direct, obvious, and unavoidable that all visitors garner some appreciation of both through 

observation or discussions with island residents or refuge staff. In addition, amateur radio operators have 

the opportunity to educate people around the world about the refuge and Papahānaumokuākea Marine 

National Monument. 
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Compatibility Determination

Use(s): Amateur Radio Operation 

Refuge Name: Midway Atoll National Wildlife Refuge and the Battle of Midway 

National Memorial 

City/County and State: Midway Atoll is the penultimate western atoll in the Northwestern 

Hawaiian Islands, is an unincorporated territory of the United States, and 

lies outside the State of Hawaii. 

Establishing and Acquisition Authority(ies):

Midway Atoll National Wildlife Refuge (NWR) was established in 1988 as an overlay NWR under a 

cooperative agreement with the U.S. Navy. Under this agreement, administrative responsibility for the 

refuge was shared by the U.S. Fish and Wildlife Service (FWS) and the U.S. Navy (Navy). The Naval 

Air Facility at Midway was operationally closed in 1993. Facility cleanup was completed by June 30, 

1997, when the Navy and its contractors departed. Custody and accountability for Midway Atoll were 

officially transferred from the Navy to FWS in May 1996. Executive Order 13022, signed by President 

Clinton on October 31, 1996, superseded earlier orders that assigned responsibility for Midway to the 

Navy. Secretary of the Interior Babbitt signed Secretary’s Order 3217 on September 13, 2000, 

designating Midway Atoll NWR concurrently as the Battle of Midway National Memorial. On June 15, 

2006, President Bush signed Presidential Proclamation 8031 making Midway Atoll NWR part of the 

newly established Papahānaumokuākea Marine National Monument. Under that Proclamation, Midway 

has unique authority and responsibility as a Special Management Area. 

Refuge Purpose(s):

Midway Atoll NWR was established pursuant to the Fish and Wildlife Act of 1956 and the Fish and 

Wildlife Coordination Act of 1934. Pertinent language in those statutes includes: 

1 . ". . . for the development, advancement, management, conservation and protection of fish and 

wildlife resources . . . for the benefit of the U.S. Fish and Wildlife Service, in performing its 

activities and services.@ (Fish and Wildlife Act of 1956) 

2. ". . . shall be administered by the Secretary of the Interior directly in accordance with cooperative 

agreements . . . and in accordance with such rules and regulations for the conservation, 

maintenance, and management of wildlife resources thereof, and its habitat thereon . . .@ (Fish and 

Wildlife Coordination Act of 1934). 

The following purposes were included in Executive Order 13022, dated October 31, 1996, which 

transferred jurisdiction and control over the Midway Islands from the Navy to the Department of the 

Interior: 

1. Maintaining and restoring biological diversity within the refuge; 

2. Providing for the conservation and management of fish and wildlife and their habitats within the 

refuge; 

3. Fulfilling the international treaty obligations of the United States with respect to fish and wildlife; 
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4. Providing opportunities for scientific research, environmental education, and compatible wildlifedependent recreational activities; and 

5. In a manner compatible with refuge purposes, recognizing and maintaining Midway=s historic 

significance. 

National Wildlife Refuge System Mission 

The mission of the National Wildlife Refuge System is: 

To administer a national network of lands and waters for the conservation, management, and 

where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within 

the United States for the benefit of present and future generations of Americans. (16 U.S.C. 

668dd-668ee) 

Description of Use(s): 

Midway Atoll NWR receives occasional requests from amateur radio enthusiasts for permission to travel 

to the refuge for the purpose of broadcasting as an amateur radio operator. Amateur radio operators are 

those who use radio transmitters and receivers to communicate with other amateur radio operators as a 

hobby. The demand for this use at Midway Atoll NWR stems from a list of geographic locations which 

are designated as “countries.” It is an objective of these amateur radio enthusiasts to receive and/or 

transmit from these “countries” and certain remote, uninhabited, or otherwise difficult to reach sites 

become desirable sites from which to broadcast and receive due to the rarity of transmissions from those 

sites. 

At Midway, amateur radio operators are able to set up and transmit from inside existing buildings. In the 

past, the airport hangar has been used for this purpose. In most cases, the operators would set up 

temporary antennas for transmission, usually on the roof of the building. Newer technology allows 

transmissions with smaller antennae (typically less than 30 feet) than previously possible. Since the goal 

of the individual or group is to maximize transmissions, the station is normally operated 24 hours a day 

during the visit period. These visitors are primarily interested in operating their radios but their proximity 

to Midway’s wildlife will ensure that they also spend time observing and learning about our nesting 

seabirds and marine life. 

Availability of Resources: 

Current refuge staffing is not adequate to properly run a quality visitor program. For Fiscal Year 2007 it 

is anticipated that the refuge will add at least one refuge ranger on-island to work with visitors. 

Additional staff support will be provided by the Hawaiian and Pacific Islands NWR Complex for periods 

of peak visitor use. To properly support the full visitor program envisioned in 2008 and beyond, two 

additional visitor services specialists and a law enforcement officer will be required in addition to 

increased staffing needs by the refuge infrastructure support contractor. Certain refuge infrastructure 

improvements will also be needed to support the visitor program. These will include improved signing, 

larger and safer boats, on-island transportation (bicycles or golf carts), and kayaks. 

The estimated costs below were calculated for 20 hours of management oversight and 8 hours of 

biological monitoring. They will also use an indeterminate amount of refuge electricity and special 

improvements to accommodate their equipment. The off-setting revenue shown is the cost of a Special 

Use Permit at Midway Atoll NWR for an activity by a third party that has no link to refuge purposes or 

mission. These fees are being re-evaluated as part of the new monument designation. 
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Category and Itemization One-time ($) Annual 

($/yr) 

Administration and Management $1,150 $

Maintenance 

Monitoring 320 

Special equipment, facilities or improvements 400 

Offsetting revenues $5,000 $

Midway Atoll NWR has been charged by Congress and FWS with developing a visitor program that is 

self-sustaining financially. To help us meet this goal Congress has also given the refuge receipts 

authority, which allows the refuge to keep reasonable fees collected for services provided at Midway 

Atoll. These fees will be used to offset costs of implementing the visitor services program. 

Anticipated Impacts of the Use(s):

The antenna for transmitting the radio signal is the only aspect of this use that has potential for impacting 

refuge resources. The high density of nesting seabirds on Sand Island makes installation of additional tall 

antennae, even for a short period, a concern as they are a strike hazard for flying birds. Shorter antennae, 

locations away from primary flight lanes, attachment or close proximity to large objects avoided by the 

birds (e.g., the water tower) and time of year are all means to reduce this impact. With proper use of the 

above techniques, minimal or no impacts are expected to refuge resources. 

The administrative oversight necessary to allow this use takes time from refuge staff that could be used 

for other, higher priority refuge business. It is expected that each applicant (or group) will require up to 1 

day for permit review, communication, etc. Additionally, once on Midway the group will require special 

handling and more time due to the complexity of their use and possible impacts. It is estimated that a 

week visit from a radio group will use 8-12 hours of staff time for oversight while they are on-island – an 

indirect impact to refuge resources. 

Public Review and Comment: 

This determination was issued for public review and comment as part of the Draft Interim Visitor 

Services Plan from the period of December 8, 2006, through February 6, 2007. The plan and associated 

compatibility determinations were made available through printed copies upon request and through the 

FWS Website at http://www.fws.gov/midway. This level of review and comment was selected to meet 

FWS requirements under the National Wildlife Refuge System Administration Act of 1966, as amended. 

Determination: 

___ Use is Not Compatible 

 X Use is Compatible with Following Stipulations 

Stipulations Necessary to Ensure Compatibility: 

• Use of freestanding antennae greater than 5 feet will be allowed only during the months of 

August, September, and October when albatross are off-island, unless installed in close proximity 

to other large objects, such as the water tower, so as not to incur an additional flight hazard to 
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seabirds. The location must be approved by the refuge manager to ensure that other species 

(Bonin petrel, wedge-tailed shearwaters, white terns) are not affected. 

• Allowance of this use will only be scheduled if it does not displace a visitor whose purpose is one 

of the Refuge System’s wildlife-dependent public uses. 

Justification: 

Although not a priority public use, amateur radio operation can be allowed at Midway Atoll NWR due to 

the refuge’s extensive existing infrastructure. Amateur radio operators can use existing facilities and/or 

mount their antennae in a manner that will not materially interfere with or detract from achievement of 

the refuge’s primary purposes or the Refuge System mission. 

Mandatory 10- or 15-year Reevaluation Date: 

_______ Mandatory 15-year reevaluation date (for wildlife-dependent public uses) 

___X___ Mandatory 10-year reevaluation date (for nonwildlife-dependent public uses) 

NEPA Compliance for Refuge Use Decision (check one below)

___Categorical Exclusion without Environmental Action Statement 

___Categorical Exclusion and Environmental Action Statement 

 X Environmental Assessment and Finding of No Significant Impact 

___Environmental Impact Statement and Record of Decision 
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APPENDIX E: 

Maintenance of Wilderness Character 

of the Proposed Hawaiian Islands Wilderness 

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Maintenance of Wilderness Character 

of the Proposed Hawaiian Islands Wilderness 

On June 13, 1974, the President transmitted to Congress a proposal to designate the 1,742 emergent acres 

of the Hawaiian Islands National Wildlife Refuge (HINWR), except Tern Island, as wilderness. Congress 

has not acted on this wilderness proposal. The proposal did not include the surrounding marine waters 

and submerged lands. Since the time the proposal was transmitted to Congress, the area has been 

managed as proposed wilderness by the FWS. In compliance with Departmental regulations, the FWS 

manages proposed wilderness to maintain its wilderness character. By policy, this means that 

management activities and uses are evaluated for consistency with the Wilderness Act and Department of 

the Interior (DOI) and U.S. Fish and Wildlife Service (FWS) regulations and policies. 

The FWS, National Oceanic and Atmospheric Administration (NOAA), and the State of Hawai‘i (State) – 

as Co-Trustees of the Papahānaumokuākea Marine National Monument – propose to conduct or allow by 

permit Generally Prohibited Uses (GPU), as defined by the Wilderness Act of 1964, in the Proposed 

Hawaiian Islands Wilderness (PHIW) per the draft Monument Management Plan. 

The FWS, as the manager of the proposed wilderness, is in the process of preparing an updated Minimum 

Requirement Analysis (MRA), in coordination with the Co-Trustees, to ensure that management 

decisions included in the Monument Management Plan will preserve the wilderness character of the 

proposed wilderness. The updated MRA will replace a more general programmatic MRA that is currently 

in effect. The MRA is a two-step process in which the wilderness manager first must determine whether 

a proposed activity (e.g., a FWS refuge management activity, or use by another agency or the public) is 

the minimum requirement necessary to administer the area as wilderness and achieve refuge purposes and 

wilderness objectives in accordance with the Wilderness Act. Secondarily, the MRA identifies the 

minimum tool that will have the least impact on wilderness character. Once completed, a copy of the 

updated MRA will be posted on the Refuge web site and available in hardcopy upon request to the FWS. 

Legal and Policy Considerations

In areas designated by Congress as wilderness, the FWS implements the Wilderness Act of 1964, as 

amended (16 U.S.C. 1131-1136) through DOI regulations (Title 43 of the Code of Federal Regulations 

Part 19.6, 34 CFR19.6), FWS regulations (50 CFR 35) and policy found in Part 6, Section 8, of its Refuge 

Manual (6 RM 8). Regulation at 43 CFR 19.6 states: “[r]egulations respecting administration and use of 

areas under the jurisdiction of the Secretary which may be designated as wilderness areas by statute shall 

be developed with a view to protecting such areas and preserving their wilderness character for the use 

and enjoyment of the American people in such manner as will leave them unimpaired for future use and 

enjoyment as wilderness, with inconsistent uses held to a minimum.” For those areas pending designation 

as wilderness, it is FWS policy at 6 RM 8.1 that “...all wilderness areas and those outside Alaska pending 

Congressional establishment as wilderness on national wildlife refuges” are managed “...using the 

minimum tools necessary to safely accomplish the Service’s refuge objectives and preserve, to the extent 

practicable, the interaction of natural forces with the land. The minimum tool is defined as that 

combination of methods and equipment that least degrades the wilderness values of the land while 

meeting refuge objectives in a safe and economical manner” (6 RM 8.2). Minimum tool is alternatively 

defined at 6 RM 8.5 as “[t]he minimum action or instrument necessary to successfully, safely, and 

economically accomplish wilderness management objectives.” 

Prohibited and Generally Prohibited Uses of Proposed Wilderness

The Co-Trustees will consider how to implement the GPU policy in a MRA and management plan. 

Although the Wilderness Act of 1964 permits many activities in a wilderness area so long as they do not 

permanently alter the natural processes that interact with the land, Congress has superimposed constraints 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 E-2 Appendix E: Maintenance of Wilderness Character 

on the manner in which the lands and waters that have been designated as wilderness could be 

administered in the course of managing to achieve refuge objectives (6 RM 8.7). These constraints are 

found in Section 4(c) of the Wilderness Act which includes strict prohibitions against permanent roads 

and commercial enterprises. This section also generally prohibits temporary roads, motor vehicles, 

motorized equipment or motorboats, mechanical transport, landing of aircraft, other forms of mechanical 

transport, and structures and installations, unless they are “necessary to meet minimum requirements for 

the administration of the area for the purpose of this Act” or for “measures required in emergencies 

involving the health and safety of persons with in the area....” We evaluate whether these GPU are 

necessary to meet the minimum requirements exception and necessary to accomplish the purposes of the 

refuge, including Wilderness Act purposes, through an MRA. 

Some terms require definition for common understanding. Mechanical transport is any device for moving 

people or material on, over, or through land, water, or air that has moving parts, provides a mechanical 

advantage to the user, and is powered by a living or nonliving power source. This includes, but is not 

limited to, sailboats, hang gliders, parachutes, bicycles, carts, and wagons. This does not include 

wheelchairs when used by those whose disabilities require wheelchairs for locomotion, skis, snowshoes, 

rafts, canoes, sleds, travois, or similar devices, or wheeled game carriers. 

Motorized equipment includes machines that use or are activated by a motor, engine, or other power 

source, including, but not limited to, motorized portable tools, chain saws, aircraft, snowmobiles, 

generators, motorboats, and motor vehicles. It does not include small, handheld, portable devices such as 

shavers, wristwatches, flashlights, cameras, stoves, cellular telephones, radios, GPS units, or other similar 

small equipment or motorized wheelchairs designed solely for use by a mobility-impaired person for 

locomotion and that is suitable for use in an indoor pedestrian area. 

 

A temporary structure is one with no permanent foundation that is easy to assemble, dismantle, and 

transport and is removed from a site between periods of actual use except as specifically permitted 

otherwise. 

Purpose of a Minimum Requirement Analysis 

An MRA documents and analyzes a specific activity, event, policy, improvement, etc., to determine 

whether it is indeed the minimum requirement and minimum tool necessary to administer the wilderness 

area and accomplish refuge purposes, including Wilderness Act purposes. At a minimum, FWS evaluates 

the direct, indirect, and cumulative impacts of alternatives on wilderness character. FWS considers 

alternatives where it: 

1. Takes no management action inside the wilderness; 

2. Uses no GPU inside the wilderness area; and 

3. Conducts GPU activities inside and outside the wilderness. 

The baseline for impact evaluation in an MRA, under the nondegradation principle, is the conditions 

prevailing at the time of wilderness designation or proposal. Mere convenience or cost is not a factor in 

determining the minimum tool. 

There are several categories of use for the purposes of the MRA including refuge management activities 

conducted by the FWS (called ‘activities’ in the MRA), management activities conducted by our agency 

partners, access for traditional Native Hawaiian practices, and other public uses (called ‘uses’ in the 

MRA). The MRA does not suggest or determine the Appropriateness or Compatibility of proposed uses 

within the PHIW – merely whether the proposed use is the minimum requirement and minimum tool 

necessary to administer the area as wilderness and accomplish refuge purposes. Uses – as distinct from 

FWS refuge management activities – are evaluated as to whether they are Appropriate and Compatible. 

Findings of Appropriateness and Compatibility Determinations for uses are found in Appendix D. 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 E-3 Appendix E: Maintenance of Wilderness Character 

The MRA being prepared in conjunction with the Monument Management Plan will evaluate whether the 

GPU proposed in the Plan employ the minimum tools necessary to achieve not only refuge purposes and 

wilderness objectives, but also Monument goals. This is necessary in order to ensure currently proposed 

GPU are properly evaluated and create thresholds of use as standards against which to assess future 

requests for Monument permits (see Strategy HMC-10). 

The MRA analyses do not replace requirements for National Environmental Policy Act (NEPA) 

compliance and the three types of alternatives evaluated in the MRA are not intended to mirror the No 

Action and Preferred Alternatives found in NEPA Environmental Assessment associated with the 

attached Monument Management Plan. 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 E-4 Appendix E: Maintenance of Wilderness Character 

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Volume III: Appendices – Supporting Documents and References 

APPENDIX F: 

Presidential Proclamations 8031 and 8112 

Monday, 

June 26, 2006 

Part V 

The President 

Proclamation 8031—Establishment of the 

Northwestern Hawaiian Islands Marine 

National Monument 

 

April 2008 F-1 Appendix F: Presidential Proclamations
 

April 2008 F-2 Appendix F: Presidential Proclamations
Presidential Documents

36443 

Federal Register 

Vol. 71, No. 122 

Monday, June 26, 2006 

Title 3— 

The President 

Proclamation 8031 of June 15, 2006 

Establishment of the Northwestern Hawaiian Islands Marine 

National Monument 

By the President of the United States of America 

A Proclamation 

In the Pacific Ocean northwest of the principal islands of Hawaii lies an 

approximately 1,200 nautical mile stretch of coral islands, seamounts, banks, 

and shoals. The area, including the Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve, the Midway National Wildlife Refuge, the Hawaiian 

Islands National Wildlife Refuge, and the Battle of Midway National Memorial, supports a dynamic reef ecosystem with more than 7,000 marine species, 

of which approximately half are unique to the Hawaiian Island chain. This 

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 and a connection to early Polynesian culture worthy 

of protection and understanding. 

WHEREAS Executive Order 13089 of June 11, 1998, Executive Order 13178 

of December 4, 2000, and Executive Order 13196 of January 18, 2001, as 

well as the process for designation of a National Marine Sanctuary undertaken 

by the Secretary of Commerce, have identified objects of historic or scientific 

interest that are situated upon the lands owned or controlled by the Government of the United States in the area of the Northwestern Hawaiian Islands; 

WHEREAS section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 

431) (the ‘‘Antiquities Act’’) authorizes the President, in his discretion, to 

declare by public proclamation historic landmarks, historic and prehistoric 

structures, and other objects of historic or scientific interest that are situated 

upon lands owned or controlled by the Government of the United States 

to be national monuments, and to reserve as a part thereof parcels of land, 

the limits of which in all cases shall be confined to the smallest area 

compatible with the proper care and management of the objects to be protected; 

WHEREAS it would be in the public interest to preserve the marine area 

of the Northwestern Hawaiian Islands and certain lands as necessary for 

the care and management of the historic and scientific objects therein, 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 

of America, by the authority vested in me by section 2 of the Act of 

June 8, 1906 (34 Stat. 225, 16 U.S.C. 431), do proclaim that there are 

hereby set apart and reserved as the Northwestern Hawaiian Islands Marine 

National Monument (the ‘‘monument’’ or ‘‘national monument’’) for the 

purpose of protecting the objects described above, all lands and interests 

in lands owned or controlled by the Government of the United States within 

the boundaries described on the accompanying map entitled ‘‘Northwestern 

Hawaiian Islands Marine National Monument’’ attached to and forming a 

part of this proclamation. The Federal land and interests in land reserved 

includes approximately 139,793 square miles of emergent and submerged 

lands and waters of the Northwestern Hawaiian Islands, which is the smallest 

 

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area compatible with the proper care and management of the objects to 

be protected. 

All Federal lands and interests in lands within the boundaries of this monument are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, or leasing or other disposition under the public land 

laws, including, but not limited to, withdrawal from location, entry, and 

patent under mining laws, and from disposition under all laws relating 

to mineral and geothermal leasing. 

The Secretary of Commerce, through the National Oceanic and Atmospheric 

Administration (NOAA), will have primary responsibility regarding management of the marine areas, in consultation with the Secretary of the Interior. 

The Secretary of the Interior, through the Fish and Wildlife Service (FWS), 

will have sole responsibility for management of the areas of the monument 

that overlay the Midway Atoll National Wildlife Refuge, the Battle of Midway 

National Memorial, and the Hawaiian Islands National Wildlife Refuge, in 

consultation with the Secretary of Commerce. 

The Secretary of Commerce and the Secretary of the Interior (collectively, 

the ‘‘Secretaries’’) shall review and, as appropriate, modify the interagency 

agreement developed for coordinated management of the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, signed on May 19, 2006. 

To manage the monument, the Secretary of Commerce, in consultation with 

the Secretary of the Interior and the State of Hawaii, shall modify, as 

appropriate, the plan developed by NOAA’s National Marine Sanctuary Program through the public sanctuary designation process, and will provide 

for public review of that plan. To the extent authorized by law, the Secretaries, acting through the FWS and NOAA, shall promulgate any additional 

regulations needed for the proper care and management of the objects identified above. 

The Secretary of State, in consultation with the Secretaries, shall take appropriate action to enter into negotiations with other governments to make 

necessary arrangements for the protection of the monument and to promote 

the purposes for which the monument is established. The Secretary of State, 

in consultation with the Secretaries, shall seek the cooperation of other 

governments and international organizations in furtherance of the purposes 

of this proclamation and consistent with applicable regional and multilateral 

arrangements for the protection and management of special marine areas. 

Furthermore, this proclamation shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person 

who is not a citizen, national, or resident alien of the United States (including 

foreign flag vessels) unless in accordance with international law. 

Nothing in this proclamation shall be deemed to diminish or enlarge the 

jurisdiction of the State of Hawaii. 

The establishment of this monument is subject to valid existing rights and 

use of the monument shall be administered as follows: 

Access to the Monument 

The Secretaries shall prohibit entering the monument except pursuant to 

permission granted by the Secretaries or their designees. Any person passing 

through the monument without interruption must notify an official designated by the Secretaries at least 72 hours, but no longer than 1 month, 

prior to the entry date. Notification of departure from the monument must 

be provided within 12 hours of leaving. A person providing notice must 

provide the following information, as applicable: (i) position when making 

report; (ii) vessel name and International Maritime Organization identification 

number; (iii) name, address, and telephone number of owner and operator; 

(iv) United States Coast Guard (USCG) documentation, State license, or 

registration number; (v) home port; (vi) intended and actual route through 

the monument; (vii) general categories of any hazardous cargo on board; 

and (viii) length of vessel and propulsion type (e.g., motor or sail). 

Vessel Monitoring Systems 

 

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1. As soon as possible but not later than 30 days following the issuance 

of this proclamation, NOAA shall publish in the Federal Register a list 

of approved transmitting units and associated communications service providers for purposes of this proclamation. An owner or operator of a vessel 

that has been issued a permit for accessing the monument must ensure 

that such a vessel has an operating vessel monitoring system (VMS) on 

board, approved by the Office of Legal Enforcement in the National Oceanic 

and Atmospheric Administration in the Department of Commerce (OLE) 

when voyaging within the monument. An operating VMS includes an operating mobile transmitting unit on the vessel and a functioning communication 

link between the unit and OLE as provided by an OLE-approved communication service provider. 

2. Only a VMS that has been approved by OLE may be used. When installing 

and activating the OLE-approved VMS, or when reinstalling and reactivating 

such VMS, the vessel owner or operator must: 

a. Follow procedures indicated on an installation and activation checklist, 

which is available from OLE; and 

b. Submit to OLE a statement certifying compliance with the checklist, 

as prescribed on the checklist. 

3. No person may interfere with, tamper with, alter, damage, disable, or 

impede the operation of the VMS, or attempt any of the same. 

4. When a vessel’s VMS is not operating properly, the owner or operator 

must immediately contact OLE, and follow instructions from that office. 

If notified by OLE that a vessel’s VMS is not operating properly, the owner 

and operator must follow instructions from that office. In either event, 

such instructions may include, but are not limited to, manually communicating to a location designated by OLE the vessel’s positions or returning 

to port until the VMS is operable. 

5. As a condition of authorized access to the monument, a vessel owner 

or operator subject to the requirements for a VMS in this section must 

allow OLE, the USCG, and their authorized officers and designees access 

to the vessels position data obtained from the VMS. Consistent with applicable law, including the limitations on access to, and use, of VMS data 

collected under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Secretaries may have access to, 

and use of, collected data for scientific, statistical, and management purposes. 

6. OLE has authority over the installation and operation of the VMS unit. 

OLE may authorize the connection or order the disconnection of additional 

equipment, including a computer, to any VMS unit, when deemed appropriate by OLE. 

7. The Secretaries shall prohibit any person from conducting or causing 

to be conducted: 

a. Operating any vessel without an approved transmitting device within 

the monument area 45 days after the publication of the list of approved 

transmitting devices described in paragraph (1) above; 

b. Failing to install, activate, repair, or replace a mobile transceiver unit 

prior to leaving port; 

c. Failing to operate and maintain a mobile transceiver unit on board 

the vessel at all times; 

d. Tampering with, damaging, destroying, altering, or in any way distorting, 

rendering useless, inoperative, ineffective, or inaccurate the VMS, mobile 

transceiver unit, or VMS signal required to be installed on or transmitted 

by a vessel; 

e. Failing to contact OLE or follow OLE instructions when automatic 

position reporting has been interrupted; 

f. Registering a VMS or mobile transceiver unit registered to more than 

one vessel at the same time; 

 

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g. Connecting or leaving connected additional equipment to a VMS unit 

or mobile transceiver unit without the prior approval of OLE; 

h. Making a false statement, oral or written, to an authorized officer 

regarding the installation, use, operation, or maintenance of a VMS unit 

or mobile transceiver unit or communication service provider. 

Restrictions 

Prohibited Activities 

The Secretaries shall prohibit persons from conducting or causing to be 

conducted the following activities: 

1. Exploring for, developing, or producing oil, gas, or minerals within the 

monument; 

2. Using or attempting to use poisons, electrical charges, or explosives in 

the collection or harvest of a monument resource; 

3. Introducing or otherwise releasing an introduced species from within 

or into the monument; and 

4. Anchoring on or having a vessel anchored on any living or dead coral 

with an anchor, anchor chain, or anchor rope. 

Regulated Activities 

Except as otherwise provided in this proclamation, the Secretaries shall 

prohibit any person from conducting or causing to be conducted within 

the monument the following activities: 

1. Removing, moving, taking, harvesting, possessing, injuring, disturbing, 

or damaging; or attempting to remove, move, take, harvest, possess, injure, 

disturb, or damage any living or nonliving monument resource; 

2. Drilling into, dredging, or otherwise altering the submerged lands other 

than by anchoring a vessel; or constructing, placing, or abandoning any 

structure, material, or other matter on the submerged lands; 

3. Anchoring a vessel; 

4. Deserting a vessel aground, at anchor, or adrift; 

5. Discharging or depositing any material or other matter into Special Preservation Areas or the Midway Atoll Special Management Area except vessel 

engine cooling water, weather deck runoff, and vessel engine exhaust; 

6. Discharging or depositing any material or other matter into the monument, 

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

monument that subsequently enters the monument and injures any resources 

of the monument, 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; 

7. Touching coral, living or dead; 

8. Possessing fishing gear except when stowed and not available for immediate use during passage without interruption through the monument; 

9. Swimming, snorkeling, or closed or open circuit SCUBA diving within 

any Special Preservation Area or the Midway Atoll Special Management 

Area; and 

10. Attracting any living monument resources. 

Emergencies and Law Enforcement Activities 

The prohibitions required by this proclamation shall not apply to activities 

necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for law enforcement purposes. 

Armed Forces Actions 

 

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1. The prohibitions required by this proclamation shall not apply to activities 

and exercises of the Armed Forces (including those carried out by the 

United States Coast Guard) that are consistent with applicable laws. 

2. Nothing in this proclamation 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. 

3. All activities and exercises of the Armed Forces shall be carried out 

in a manner that avoids, to the extent practicable and consistent with operational requirements, adverse impacts on monument resources and qualities. 

4. In the event of threatened or actual destruction of, loss of, or injury 

to a monument resource or quality resulting from an incident, including 

but not limited to spills and groundings, caused by a component of the 

Department of Defense or the USCG, the cognizant component shall promptly 

coordinate with the Secretaries for the purpose of taking appropriate actions 

to respond to and mitigate the harm and, if possible, restore or replace 

the monument resource or quality. 

Commercial Fishing 

1. The Secretaries shall ensure that any commercial lobster fishing permit 

shall be subject to a zero annual harvest limit. 

2. Fishing for bottomfish and pelagic species. The Secretaries shall ensure 

that: 

a. Commercial fishing for bottomfish and associated pelagic species may 

continue within the monument for not longer than 5 years from the 

date of this proclamation provided that: 

(i) The fishing is conducted in accordance with a valid commercial 

bottomfish permit issued by NOAA; and 

(ii) Such permit is in effect on the date of this proclamation and is 

subsequently renewed pursuant to NOAA regulations at 50 CFR part 

660 subpart E as necessary. 

b. Total landings for each fishing year may not exceed the following 

amounts: 

(i) 350,000 pounds for bottomfish species; and 

(ii) 180,000 pounds for pelagic species. 

c. Commercial fishing for bottomfish and associated pelagic species is 

prohibited in the monument after 5 years from the date of this proclamation. 

General Requirements 

The Secretaries shall ensure that any commercial fishing within the monument is conducted in accordance with the following restrictions and conditions: 

1. A valid permit or facsimile of a valid permit is on board the fishing 

vessel and is available for inspection by an authorized officer; 

2. No attempt is made to falsify or fail to make, keep, maintain, or submit 

any logbook or logbook form or other required record or report; 

3. Only gear specifically authorized by the relevant permit issued under 

the Magnuson-Stevens Fishery Conservation and Management Act is allowed 

to be in the possession of a person conducting commercial fishing under 

this section; 

4. Any person conducting commercial fishing notifies the Secretaries by 

telephone, facsimile, or electronic mail at least 72 hours before entering 

the monument and within 12 hours after leaving the monument; 

5. All fishing vessels must carry an activated and functioning VMS unit 

on board at all times whenever the vessel is in the monument; 

6. All fishing vessels must carry an observer when requested to do so 

by the Secretaries; and 

 

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7. The activity does not take place within any Ecological Reserve, any 

Special Preservation Area, or the Midway Atoll Special Management Area. 

Permitting Procedures and Criteria 

Subject to such terms and conditions as the Secretaries deem appropriate, 

a person may conduct an activity regulated by this proclamation if such 

activity is specifically authorized by a permit. The Secretaries, in their 

discretion, may issue a permit under this proclamation if the Secretaries 

find that the activity: (i) is research designed to further understanding of 

monument resources and qualities; (ii) will further the educational value 

of the monument; (iii) will assist in the conservation and management 

of the monument; (iv) will allow Native Hawaiian practices; (v) will allow 

a special ocean use; or (vi) will allow recreational activities. 

Findings 

1. The Secretaries may not issue any permit unless the Secretaries find: 

a. The activity can be conducted with adequate safeguards for the resources 

and ecological integrity of the monument; 

b. The activity will be conducted in a manner compatible with the management direction of this proclamation, considering the extent to which the 

conduct of the activity may diminish or enhance monument resources, 

qualities, and ecological integrity, any indirect, secondary, or cumulative 

effects of the activity, and the duration of such effects; 

c. There is no practicable alternative to conducting the activity within 

the monument; 

d. The end value of the activity outweighs its adverse impacts on monument resources, qualities, and ecological integrity; 

e. The duration of the activity is no longer than necessary to achieve 

its stated purpose; 

f. The applicant is qualified to conduct and complete the activity and 

mitigate any potential impacts resulting from its conduct; 

g. The applicant has adequate financial resources available to conduct 

and complete the activity and mitigate any potential impacts resulting 

from its conduct; 

h. The methods and procedures proposed by the applicant are appropriate 

to achieve the proposed activity’s goals in relation to their impacts to 

monument resources, qualities, and ecological integrity; 

i. The applicant’s vessel has been outfitted with a mobile transceiver 

unit approved by OLE and complies with the requirements of this proclamation; and 

j. There are no other factors that would make the issuance of a permit 

for the activity inappropriate. 

2. Additional Findings for Native Hawaiian Practice Permits. In addition 

to the findings listed above, the Secretaries shall not issue a permit to 

allow Native Hawaiian practices unless the Secretaries find: 

a. The activity is non-commercial and will not involve the sale of any 

organism or material collected; 

b. The purpose and intent of the activity are appropriate and deemed 

necessary by traditional standards in the Native Hawaiian culture (pono), 

and demonstrate an understanding of, and background in, the traditional 

practice, and its associated values and protocols; 

c. The activity benefits the resources of the Northwestern Hawaiian Islands 

and the Native Hawaiian community; 

d. The activity supports or advances the perpetuation of traditional knowledge and ancestral connections of Native Hawaiians to the Northwestern 

Hawaiian Islands; and 

 

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e. Any monument resource harvested from the monument will be consumed in the monument. 

3. Additional Findings, Criteria, and Requirements for Special Ocean Use 

Permits 

a. In addition to the findings listed above, the following requirements 

apply to the issuance of a permit for a special ocean use: 

(i) Any permit for a special ocean use issued under this section: 

(A) Shall authorize the conduct of an activity only if that activity is 

compatible with the purposes for which the monument is designated 

and with protection of monument resources; 

(B) Shall not authorize the conduct of any activity for a period of 

more than 5 years unless renewed by the Secretaries; 

(C) Shall require that activities carried out under the permit be conducted in a manner that does not destroy, cause the loss of, or injure 

monument resources; and 

(D) Shall require the permittee to purchase and maintain comprehensive general liability insurance, or post an equivalent bond, against 

claims arising out of activities conducted under the permit and to 

agree to hold the United States harmless against such claims; and 

(ii) Each person issued a permit for a special ocean use under this 

section shall submit an annual report to the Secretaries not later than 

December 31 of each year that describes activities conducted under 

that permit and revenues derived from such activities during the year. 

b. The Secretaries may not issue a permit for a special ocean use unless 

they determine that the proposed activity will be consistent with the 

findings listed above for the issuance of any permit. 

c. Categories of special ocean use being permitted for the first time under 

this section will be restricted in duration and permitted as a special 

ocean use pilot project. Subsequent permits for any category of special 

ocean use may be issued only if a special ocean use pilot project for 

that category has been determined by the Secretaries to meet the criteria 

in this proclamation and any terms and conditions placed on the permit 

for the pilot project. 

d. The Secretaries shall provide public notice prior to requiring a special 

ocean use permit for any category of activity not previously identified 

as a special ocean use. 

e. The following requirements apply to permits for a special ocean use 

for an activity within the Midway Atoll Special Management Area. 

(i) The Secretaries may issue a permit for a special ocean use for 

activities within the Midway Atoll Special Management Area provided: 

(A) The Secretaries find the activity furthers the conservation and 

management of the monument; and 

(B) The Director of the United States Fish and Wildlife Service or 

his or her designee has determined that the activity is compatible 

with the purposes for which the Midway Atoll National Wildlife Refuge was designated. 

(ii) As part of a permit, the Secretaries may allow vessels to transit 

the monument as necessary to enter the Midway Atoll Special Management Area. 

f. The Secretaries may issue a permit for a special ocean use for activities 

outside the Midway Atoll Special Management Area provided: 

(i) The Secretaries find the activity will directly benefit the conservation and management of the monument; 

(ii) The Secretaries determine the purpose of the activity is for research or education related to the resources or qualities of the monument; 

(iii) The Secretaries provide public notice of the application and an 

opportunity to provide comments at least 30 days prior to issuing the 

permit; and 

 

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(iv) The activity does not involve the use of a commercial passenger 

vessel. 

4. Additional Findings for Recreation Permits. The Secretaries may issue 

a permit only for recreational activities to be conducted within the Midway 

Atoll Special Management Area. In addition to the general findings listed 

above for any permit, the Secretaries may not issue such permit unless 

the Secretaries find: 

a. The activity is for the purpose of recreation as defined in regulation; 

b. The activity is not associated with any for-hire operation; and 

c. The activity does not involve any extractive use. 

Sustenance Fishing 

Sustenance fishing means fishing for bottomfish or pelagic species that are 

consumed within the monument, and is incidental to an activity permitted 

under this proclamation. The Secretaries may permit sustenance fishing 

outside of any Special Preservation Area as a term or condition of any 

permit issued under this proclamation. The Secretaries may not permit 

sustenance fishing in the Midway Atoll Special Management Area unless 

the activity has been determined by the Director of the United States Fish 

and Wildlife Service or his or her designee to be compatible with the 

purposes for which the Midway Atoll National Wildlife Refuge was established. Sustenance fishing must be conducted in a manner compatible with 

this proclamation, including considering the extent to which the conduct 

of the activity may diminish monument resources, qualities, and ecological 

integrity, as well as any indirect, secondary, or cumulative effects of the 

activity and the duration of such effects. The Secretaries will develop procedures for systematic reporting of sustenance fishing. 

Definitions For purposes of this proclamation: 

Attract or Attracting means luring or attempting to lure a living resource 

by any means, except the mere presence of human beings (e.g., swimmers, 

divers, boaters). 

Bottomfish Species means bottomfish management unit species as defined 

at 50 CFR 660.12. 

Commercial Bottomfishing means commercial fishing for bottomfish species. 

Commercial Passenger Vessel means a vessel that carries individuals who 

have paid for such carriage. 

Commercial Pelagic Trolling means commercial fishing for pelagic species. 

Deserting a vessel means: 

1. Leaving a vessel aground or adrift: 

(i) Without notifying the Secretaries of the vessel going aground or 

adrift within 12 hours of its discovery and developing and presenting 

to the Secretaries a preliminary salvage plan within 24 hours of such 

notification; 

(ii) After expressing or manifesting intention to not undertake or to 

cease salvage efforts; or 

(iii) When the Secretaries are unable, after reasonable efforts, to reach 

the owner/operator within 12 hours of the vessels condition being reported to authorities. 

2. Leaving a vessel at anchor when its condition creates potential for 

a grounding, discharge, or deposit and the owner/operator fails to secure 

the vessel in a timely manner. 

Ecological Reserve means an area of the monument consisting of contiguous, 

diverse habitats that provide natural spawning, nursery, and permanent residence areas for the replenishment and genetic protection of marine life, 

and also to protect and preserve natural assemblages of habitats and species 

within areas representing a broad diversity of resources and habitats found 

within the monument. 

 

April 2008 F-10 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36451 

Ecological Integrity means a condition determined to be characteristic of 

an ecosystem that has the ability to maintain the function, structure, and 

abundance of natural biological communities, including rates of change in 

response to natural environmental variation. 

Fishing Year means the year beginning at 0001 local time on January 1 

and ending at 2400 local time on December 31. 

Introduced Species means: 

1. A species (including, but not limited to, any of its biological matter 

capable of propagation) that is non-native to the ecosystem(s) protected 

by the monument; or 

2. Any organism into which genetic matter from another species has been 

transferred in order that the host organism acquires the genetic traits of 

the transferred genes. 

Landing means offloading fish from a fishing vessel or causing fish to 

be offloaded from a fishing vessel. 

Midway Atoll Special Management Area means the area of the monument 

surrounding Midway Atoll out to a distance of 12 nautical miles, established 

for the enhanced management, protection, and preservation of monument 

wildlife and historical resources. 

Mobile Transceiver Unit means a vessel monitoring system or VMS device 

installed on board a vessel that is used for vessel monitoring and transmitting 

the vessel’s position as required by this proclamation. 

Native Hawaiian Practices means cultural activities conducted for the purposes of perpetuating traditional knowledge, caring for and protecting the 

environment, and strengthening cultural and spiritual connections to the 

Northwestern Hawaiian Islands that have demonstrable benefits to the Native 

Hawaiian community. This may include, but is not limited to, the noncommercial use of monument resources for direct personal consumption 

while in the monument. 

Ocean-Based Ecotourism means a class of fee-for-service activities that involves visiting the monument for study, enjoyment, or volunteer assistance 

for purposes of conservation and management. 

Pelagic Species means Pacific Pelagic Management Unit Species as defined 

at 50 CFR 660.12. 

Pono means appropriate, correct, and deemed necessary by traditional standards in the Hawaiian culture. 

Recreational Activity means an activity conducted for personal enjoyment 

that does not result in the extraction of monument resources and that does 

not involve a fee-for-service transaction. This includes, but is not limited 

to, wildlife viewing, SCUBA diving, snorkeling, and boating. 

Special Preservation Area (SPA) means discrete, biologically important areas 

of the monument within which uses are subject to conditions, restrictions, 

and prohibitions, including but not limited to access restrictions. SPAs 

are used to avoid concentrations of uses that could result in declines in 

species populations or habitat, to reduce conflicts between uses, to protect 

areas that are critical for sustaining important marine species or habitats, 

or to provide opportunities for scientific research. 

Special Ocean Use means an activity or use of the monument that is engaged 

in to generate revenue or profits for one or more of the persons associated 

with the activity or use, and does not destroy, cause the loss of, or injure 

monument resources. This includes ocean-based ecotourism and other activities such as educational and research activities that are engaged in to generate 

revenue, but does not include commercial fishing for bottomfish or pelagic 

species conducted pursuant to a valid permit issued by NOAA. 

Stowed and Not Available for Immediate Use means not readily accessible 

for immediate use, e.g., by being securely covered and lashed to a deck 

 

April 2008 F-11 Appendix F: Presidential Proclamations
36452 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

or bulkhead, tied down, unbaited, unloaded, or partially disassembled (such 

as spear shafts being kept separate from spear guns). 

Sustenance Fishing means fishing for bottomfish or pelagic species in which 

all catch is consumed within the monument, and that is incidental to an 

activity permitted under this proclamation. 

Vessel Monitoring System or VMS means a vessel monitoring system or 

mobile transceiver unit approved by the Office for Law Enforcement for 

use on vessels permitted to access the monument, as required by this subpart. 

Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the national monument shall 

be the dominant reservation. 

Warning is hereby given to all unauthorized persons not to appropriate, 

injure, destroy, or remove any feature of this monument and not to locate 

or settle upon any lands thereof. 

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day 

of June, in the year of our Lord two thousand six, and of the Independence 

of the United States of America the two hundred and thirtieth. 

W 

Billing code 3195–01–P 

 

April 2008 F-12 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36453 

 

April 2008 F-13 Appendix F: Presidential Proclamations
36454 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-14 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36455 

 

April 2008 F-15 Appendix F: Presidential Proclamations
36456 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-16 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36457 

 

April 2008 F-17 Appendix F: Presidential Proclamations
36458 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-18 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36459 

 

April 2008 F-19 Appendix F: Presidential Proclamations
36460 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-20 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36461 

 

April 2008 F-21 Appendix F: Presidential Proclamations
36462 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-22 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36463 

 

April 2008 F-23 Appendix F: Presidential Proclamations
36464 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-24 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36465 

 

April 2008 F-25 Appendix F: Presidential Proclamations
36466 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-26 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36467 

 

April 2008 F-27 Appendix F: Presidential Proclamations
36468 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-28 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36469 

 

April 2008 F-29 Appendix F: Presidential Proclamations
36470 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-30 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36471 

 

April 2008 F-31 Appendix F: Presidential Proclamations
36472 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-32 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36473 

 

April 2008 F-33 Appendix F: Presidential Proclamations
36474 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 

 

April 2008 F-34 Appendix F: Presidential Proclamations
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Presidential Documents 36475 

[FR Doc. 06–5725 

Filed 6–23–06; 8:45 am] 

Billing code 3195–01–C 

 

April 2008 F-35 Appendix F: Presidential Proclamations
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April 2008 F-36 Appendix F: Presidential Proclamations
Tuesday, 

March 6, 2007 

Part VI 

The President 

Proclamation 8112—Amending 

Proclamation 8031 of June 15, 2006, To 

Read, ‘‘Establishment of the 

Papahanaumokuakea Marine National 

Monument’’ 

 

April 2008 F-37 Appendix F: Presidential Proclamations
 

April 2008 F-38 Appendix F: Presidential Proclamations
Presidential Documents

10031 

Federal Register 

Vol. 72, No. 43 

Tuesday, March 6, 2007 

Title 3— 

The President 

Proclamation 8112 of February 28, 2007 

Amending Proclamation 8031 of June 15, 2006, To Read, 

‘‘Establishment of the Papahanaumokuakea Marine National 

Monument’’ 

By the President of the United States of America 

A Proclamation 

WHEREAS Proclamation 8031 of June 15, 2006, established the Northwestern 

Hawaiian Islands Marine National Monument; 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 

of America, by the authority vested in me by the Constitution and the 

laws of the United States, including section 2 of the Act of June 8, 1906 

(34 Stat. 225, 16 U.S.C. 431), do amend Proclamation 8031 for the purpose 

of giving the monument a Native Hawaiian name and making the following 

conforming changes and corrections; 

Section 1. The title of Proclamation 8031 is amended to read, ‘‘Establishment 

of the Papahanaumokuakea Marine National Monument’’. 

Sec. 2. The phrase Northwestern Hawaiian Islands Marine National Monument is amended to read Papahanaumokuakea Marine National Monument, 

wherever it appears in Proclamation 8031. 

Sec. 3. Under Findings, Additional Findings for Native Hawaiian Practice 

Permits, 2(e) is amended to read: Any living monument resource harvested 

from the monument will be consumed or utilized in the monument. 

Sec. 4. The title of the map of the Monument accompanying Proclamation 

8031 is amended to read, ‘‘Papahanaumokuakea Marine National Monument’’ 

and the word ‘‘Sanctuary’’ in the map is deleted wherever it appears and 

the word ‘‘Monument’’ is inserted in lieu thereof. 

[FR Doc. 07–1077 

Filed 3–5–07; 8:58 am] 

Billing code 3195–01–P 

 

April 2008 F-39 Appendix F: Presidential Proclamations
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April 2008 F-40 Appendix F: Presidential Proclamations 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

APPENDIX G: 

Monument Regulations 

51134 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 

S6.1.4.1 Vehicles manufactured on 

or after September 1, 1998 and before 

September 1, 2007 are not required to 

comply with the requirements specified 

in S7. 

S6.1.4.2 Vehicles manufactured on 

or after September 1, 2007 shall comply 

with the requirements specified in S7. 

* * * * * 

Issued on: August 22, 2006. 

Nicole R. Nason, 

Administrator. 

[FR Doc. E6–14259 Filed 8–28–06; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 404 

[Docket No. 060824225–6225–01] 

RIN 0648–AU82 

Northwestern Hawaiian Islands Marine 

National Monument 

AGENCIES: National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC); United 

States Fish and Wildlife Service 

(USFWS), Department of the Interior 

(DOI). 

ACTION: Final rule. 

SUMMARY: NOAA and the USFWS are 

issuing final regulations for the 

Northwestern Hawaiian Islands Marine 

National Monument. This action 

codifies the prohibitions and 

management measures set forth in 

Presidential Proclamation 8031 

establishing the Monument. The rule is 

effective immediately. 

DATES: Effective date: These regulations 

are effective August 25, 2006. Written 

comments on the information collection 

requirement must be received by 

October 30, 2006. 

ADDRESSES: Submit written comments 

regarding the burden-hour estimates or 

other aspects of the information 

collection requirements contained in 

this proposed rule by e-mail to Diana 

Hynek at dHynek@noaa.gov. 

Coordinates for the outer boundary of 

the Monument, the Special Preservation 

Areas, the Ecological Reserves, and the 

Midway Atoll Special Management Area 

can be found at: http:// 

hawaiireef.noaa.gov/management/. 

FOR FURTHER INFORMATION CONTACT: 

NOAA contact: T. Aulani Wilhelm, 

Monument Superintendent (NOAA); 

6600 Kalanianaole Highway, #300, 

Honolulu, HI 96825; (808) 397–2657. 

FWS contact: Barry Stieglitz, 

Monument Project Leader (USFWS); 

Hawaiian and Pacific Islands NWR 

Complex, 300 Ala Moana Boulevard, 

Box 50167, Honolulu, HI 96850–5000; 

808–792–9540. 

State of Hawaii contact: Athline 

Clark, Special Projects Manager, 

Department of Land and Natural 

Resources, Division of Aquatic 

Resources; 1151 Punchbowl Street, 

Room 330, Honolulu, HI 96813; (808) 

587–0099. 

SUPPLEMENTARY INFORMATION: On June 

15, 2006, President Bush established the 

Northwestern Hawaiian Islands Marine 

National Monument by issuing 

Presidential Proclamation 8031 (71 FR 

36443, June 26, 2006) under the 

authority of the Antiquities Act (Act) 

(16 U.S.C. 431). The Proclamation 

reserves all lands and interests in lands 

owned or controlled by the Government 

of the United States in the Northwestern 

Hawaiian Islands (NWHI), including 

emergent and submerged lands and 

waters, out to a distance of 

approximately 50 nautical miles (nmi) 

from the islands. The outer boundary of 

the Monument is approximately 100 

nmi wide and extends approximately 

1200 nmi around coral islands, 

seamounts, banks, and shoals. The area 

includes the Northwestern Hawaiian 

Islands Coral Reef Ecosystem Reserve, 

the Midway Atoll National Wildlife 

Refuge/Battle of Midway National 

Memorial, and the Hawaiian Islands 

National Wildlife Refuge. 

The Proclamation appropriated and 

withdrew the area from all forms of 

entry, location, selection, sale, or leasing 

or other disposition under the public 

land laws, including, but not limited to, 

withdrawal from location, entry, and 

patent under mining laws, and from 

disposition under all laws relating to 

mineral and geothermal leasing. 

The Proclamation provides that the 

Secretary of Commerce, through NOAA, 

has primary responsibility regarding the 

management of the marine areas of the 

Monument, in consultation with the 

Secretary of the Interior. The Secretary 

of the Interior, through the USFWS, has 

sole responsibility for management of 

the areas of the Monument that overlay 

the Midway Atoll National Wildlife 

Refuge, the Battle of Midway National 

Memorial, and the Hawaiian Islands 

National Wildlife Refuge, in 

consultation with the Secretary of 

Commerce. Further, the Proclamation 

provides that nothing in the 

Proclamation diminishes or enlarges the 

jurisdiction of the State of Hawaii. The 

Monument includes state waters, 

including the Northwestern Hawaiian 

Islands State Marine Refuge and Kure 

Atoll Wildlife Sanctuary. The State 

currently holds the submerged and 

ceded lands of the NWHI in trust. This 

public trust is overseen by the Office of 

Hawaiian Affairs through an 

amendment to the Constitution of the 

State of Hawaii. The State of Hawaii has 

primary responsibility for managing the 

State waters of the Monument. 

The three principal entities with 

responsibility for managing lands and 

waters of the Monument—NOAA, 

USFWS, and the State of Hawaii 

(collectively, the Co-Trustees)—are 

working cooperatively and will consult 

to administer the Monument. The CoTrustees have established a goal to 

provide unified management in the 

spirit of cooperative conservation. This 

relationship will be further described in 

a Memorandum of Agreement among 

the Co-Trustees. 

The Proclamation requires restrictions 

and prohibitions regarding activities in 

the Monument consistent with the 

authority provided by the Act. The 

Proclamation shall be applied in 

accordance with international law. No 

restrictions shall apply to or be enforced 

against a person who is not a citizen, 

national, or resident alien of the United 

States (including foreign flag vessels) 

unless in accordance with international 

law. NOAA and USFWS are 

promulgating as final regulations the 

management measures and prohibitions 

set forth in the Proclamation to codify 

them in the Code of Federal 

Regulations. This action will provide 

additional notice to the public and other 

interested parties of the terms of the 

Proclamation and activities that are 

prohibited or regulated and thereby 

facilitate improved compliance. 

Interested parties may view Hawaii 

Administrative Rules also applicable 

within the Monument at http:// 

www.hawaii.gov/dlnr/dar/fish_regs/ 

nwhi.htm. 

These regulations address the 

requirement in the Proclamation that 

the Secretaries shall ensure, in addition 

to other things, that commercial fishing 

for bottomfish and other associated 

pelagic species may continue in the 

Monument for no more than 5 years. 

Section 404.10 sets out the conditions 

under which such fishing may continue 

to be conducted. However, commercial 

fishing remains prohibited in areas of 

the Monument not open to such fishing 

prior to issuance of the Proclamation. 

 

April 2008 G-1 Appendix G: Monument Regulations
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 51135 

Classification 

Administrative Procedure Act 

The Secretaries find good cause to 

waive notice and comment on these 

regulations, pursuant to 5 U.S.C. 

533(b)(B), and the 30-day delay in 

effective date pursuant to 5 U.S.C. 

553(d). Notice and comment are 

unnecessary and contrary to the public 

interest because these regulations do not 

expand on the action already taken by 

the President in the Proclamation. The 

Proclamation became effective upon 

issuance on June 15, 2006. These 

regulations codify the prohibitions and 

management measures set forth in the 

Proclamation. Therefore, these 

regulations are being published as final 

regulations and are effective August 25, 

2006. 

E.O. 12866 

This rule has been determined to be 

significant for purposes of E.O. 12866. 

Paperwork Reduction Act 

This rule contains a collection-ofinformation requirement that was 

submitted to OMB for emergency 

approval under the Paperwork 

Reduction Act (PRA). The collection-ofinformation requirement was approved 

by OMB and granted OMB control 

number 0648–0548 which expires on 

February 28, 2007. We are now 

requesting comment on this information 

collection requirement for OMB’s 

subsequent review and approval on a 

non-emergency basis. 

The public reporting burden for this 

information collection is described in 

the table below. The public reporting 

burden for permit applications and 

associated reporting requirements is 

estimated to average 1 hour per 

response. The public reporting burden 

for entry and exit notification is 

expected to average 15 minutes per 

response. The public reporting burden 

for VMS checklist certification is 

estimated to average 5 minutes per 

response. Each of these public reporting 

burdens includes the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

APPLICANT BURDEN

Permit type 

Permits and 

other reporting per year 

Responses 

per requirement 

Total 

responses Hours/response Total hours 

Annual recordkeeping/reporting 

cost per response 

(dollar) 

Total annual 

cost 

(dollar) 

(a) General ........................ 33 3 99 1 ......................... 99 1.00 .......................... 99.00 

(b) Special Ocean Use ..... 5 3 15 24 ....................... 360 1.00 .......................... 15.00 

(c) Native Hawaiian Practices.2 2 4 4 ......................... 16 1.00 .......................... 4.00 

(d) Recreation ................... 2 3 6 1 ......................... 6 1.00 .......................... 6.00 

(e) Entry & Exit Notice ...... 174 2 348 5 minutes ........... 29 0.00 .......................... 0.00 

(f) Purchase and installation of VMS.50 NA NA 4 hours ............... 50 899 (initial cost: 

$3595).

44,950.00 

(g) VMS maintenance ....... 50 NA NA 4 hours ............... 200 0 ............................... 0 

(h) VMS Certification ......... 50 0.25 12.5 5 minutes ........... 4 0.25 .......................... 13.00 

(i) Hourly VMS reports ...... 50 3805 190,224 5 seconds ........... 264 1.28/day ................... 10,145.00 

Total ........................... 124 .................... 190,709 ............................ 1028 .................................. 55,232.00 

Note: VMS installation and activation hours and purchase costs are annualized by dividing by 4 years, the expected service life. 

Public comment is sought regarding: 

whether this collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall have 

practical utility; the accuracy of the 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways to 

minimize the burden of the collection of 

information, including through the use 

of automated collection techniques or 

other forms of information technology. 

Send comments on these or any other 

aspects of the collection of information 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6625, 

14th and Constitution Avenue, NW, 

Washington, DC 20230, or via e-mail at 

dHynek@noaa.gov. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

List of Subjects in 50 CFR Part 404 

Administrative practice and 

procedure, Coastal zone, Fish, Fisheries, 

Historic preservation, Intergovernmental 

relations, Marine resources, Monuments 

and memorials, Natural resources, 

Reporting and recordkeeping 

requirements, Wildlife, Wildlife refuges. 

Dated: August 24, 2006. 

Conrad C. Lautenbacher Jr., 

Vice Admiral, U.S. Navy (Ret.), 

Undersecretary of Commerce for Oceans and 

Atmosphere. 

Dated: August 24, 2006. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

■ Accordingly, NOAA and USFWS add 

part 404, title 50 of the Code of Federal 

Regulations as follows: 

PART 404—NORTHWESTERN 

HAWAIIAN ISLANDS MARINE 

NATIONAL MONUMENT 

Sec. 

404.1 Scope and purpose. 

404.2 Boundary. 

404.3 Definitions. 

404.4 Access to the Monument. 

404.5 Requirements for a vessel monitoring 

system. 

404.6 Prohibited activities. 

404.7 Regulated activities. 

404.8 Emergencies and law enforcement 

activities. 

404.9 Armed Forces actions. 

404.10 Commercial fishing. 

404.11 Permitting procedures and criteria. 

404.12 International law. 

Appendix A to Part 404—Map of the 

Monument Outer Boundary and 

Ecological Reserves, Special Preservation 

Areas, and Midway Atoll Special 

Management Area 

Appendix B to Part 404—Approved Vessel 

Monitoring Systems 

Authority: 16 U.S.C. 431 et seq.; 16 U.S.C. 

460k–3; 16 U.S.C. 1801 et seq.; 16 U.S.C. 

742f, 16 U.S.C. 742l, and 16 U.S.C. 668dd–

 

April 2008 G-2 Appendix G: Monument Regulations
51136 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 

ee; 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et 

seq., Pub. L. No. 106–513, § 6(g) (2000). 

§ 404.1 Scope and purpose. 

The regulations in this part codify the 

provisions of Presidential Proclamation 

8031, and govern the administration of 

the Northwestern Hawaiian Islands 

Marine National Monument. These 

regulations are jointly implemented by 

the Secretaries of the Interior, through 

the U.S. Fish and Wildlife Service 

(USFWS), and Commerce, through the 

National Oceanic and Atmospheric 

Administration (NOAA). Nothing in 

these regulations shall be deemed to 

diminish or enlarge the jurisdiction of 

the State of Hawaii. 

§ 404.2 Boundary. 

The Northwestern Hawaiian Islands 

Marine National Monument consists of 

all lands and interest in lands owned or 

controlled by the Government of the 

United States within the boundaries of 

the Monument, including emergent and 

submerged lands and waters of the 

Northwestern Hawaiian Islands. The 

map in Appendix A to this part 404 

depicts the outer boundary of the 

Monument, which consists of the 

geodetic lines connecting the 

coordinates specified in the 

Proclamation. 

§ 404.3 Definitions. 

The following definitions are 

applicable only to this Part. 

Attract or Attracting means luring or 

attempting to lure a living resource by 

any means, except the mere presence of 

human beings (e.g., swimmers, divers, 

boaters). 

Bottomfish Species means Bottomfish 

management unit species as defined at 

50 CFR 665.12. 

Commercial Bottomfishing means 

commercial fishing for bottomfish 

species. 

Commercial passenger vessel means a 

vessel that carries individuals who have 

paid for such carriage. 

Commercial pelagic trolling means 

commercial fishing for pelagic species. 

Deserting a vessel means: 

(1) Leaving a vessel aground or adrift: 

(i) Without notifying the Secretaries of 

the vessel going aground or adrift within 

12 hours of its discovery and developing 

and presenting to the Secretaries a 

preliminary salvage plan within 24 

hours of such notification; 

(ii) After expressing or manifesting 

intention to not undertake or to cease 

salvage efforts; or 

(iii) When the Secretaries are unable, 

after reasonable efforts, to reach the 

owner/operator within 12 hours of the 

vessel’s condition being reported to 

authorities. 

(2) Leaving a vessel at anchor when 

its condition creates potential for a 

grounding, discharge, or deposit and the 

owner/operator fails to secure the vessel 

in a timely manner. 

Ecological Reserve means the areas of 

the Monument, identified in the 

Proclamation, consisting of contiguous, 

diverse habitats that provide natural 

spawning, nursery, and permanent 

residence areas for the replenishment 

and genetic protection of marine life, 

and also to protect and preserve natural 

assemblages of habitats and species 

within areas representing a broad 

diversity of resources and habitats 

found within the Monument. Specific 

coordinates for Ecological Reserves 

within the Monument are found in the 

Proclamation, and the Ecological 

Reserves consist of the areas within the 

geodetic lines connecting these 

coordinates. The Ecological Reserves are 

depicted on the map in Appendix A to 

part 404. 

Ecological integrity means a condition 

determined to be characteristic of an 

ecosystem that has the ability to 

maintain the function, structure, and 

abundance of natural biological 

communities, including rates of change 

in response to natural environmental 

variation. 

Fishing year means the year beginning 

at 0001 local time on January 1 and 

ending at 2400 local time on December 

31. 

Introduced Species means: 

(1) A species (including, but not 

limited to, any of its biological matter 

capable of propagation) that is nonnative to the ecosystem(s) protected by 

the Monument; or 

(2) Any organism into which genetic 

matter from another species has been 

transferred in order that the host 

organism acquires the genetic traits of 

the transferred genes. 

Landing means offloading fish from a 

fishing vessel or causing fish to be 

offloaded from a fishing vessel. 

Midway Atoll Special Management 

Area means the area of the Monument 

surrounding Midway Atoll out to a 

distance of 12 nautical miles, 

established for the enhanced 

management, protection, and 

preservation of Monument wildlife and 

historical resources. The geographic 

coordinates of this area, which consists 

of the area within the geodetic lines 

connecting these coordinates, are found 

in the Proclamation. The Midway Atoll 

Special Management Area is depicted 

on the map in Appendix A to part 404. 

Mobile transceiver unit means a vessel 

monitoring system or VMS device, as 

described in Appendix E to this Part, 

installed on board a vessel that is used 

for vessel monitoring and transmitting 

the vessel’s position as required by this 

Part. 

Monument means the Northwestern 

Hawaiian Islands Marine National 

Monument. 

Native Hawaiian Practices means 

cultural activities conducted for the 

purposes of perpetuating traditional 

knowledge, caring for and protecting the 

environment and strengthening cultural 

and spiritual connections to the 

Northwestern Hawaiian Islands that 

have demonstrable benefits to the 

Native Hawaiian community. This may 

include, but is not limited to, the noncommercial use of Monument resources 

for direct personal consumption while 

in the Monument. 

Ocean-based ecotourism means a 

class of fee-for-service activities that 

involves visiting the Monument for 

study, enjoyment, or volunteer 

assistance for purposes of conservation 

and management. 

Office for Law Enforcement (OLE) 

refers to NOAA, National Marine 

Fisheries Service, Office for Law 

Enforcement. 

Pelagic Species means Pacific Pelagic 

Management Unit Species as defined at 

50 CFR 665.12. 

Pono means appropriate, correct, and 

deemed necessary by traditional 

standards in the Hawaiian culture. 

Proclamation means Presidential 

Proclamation 8031, dated June 15, 2006 

(71 FR 36443). 

Recreational activity means an 

activity conducted for personal 

enjoyment that does not result in the 

extraction of Monument resources and 

that does not involve a fee-for-service 

transaction. This includes, but is not 

limited to, wildlife viewing, SCUBA 

diving, snorkeling, and boating. 

Secretaries means the Secretary of 

Commerce and the Secretary of the 

Interior or their designees. 

Special Preservation Area (SPA) 

means discrete, biologically important 

areas of the Monument, identified in the 

Proclamation, within which uses are 

subject to conditions, restrictions, and 

prohibitions, including but not limited 

to access restrictions. SPAs are used to 

avoid concentrations of uses that could 

result in declines in species populations 

or habitat, to reduce conflicts between 

uses, to protect areas that are critical for 

sustaining important marine species or 

habitats, or to provide opportunities for 

scientific research. Specific coordinates 

for Special Preservation Areas within 

the Monument are found in the 

Proclamation, and the Special 

Preservation Areas consist of the areas 

within the geodetic lines connecting 

these coordinates. The Special 

 

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Preservation Areas are depicted on the 

map in Appendix A to part 404. 

Special ocean use means an activity 

or use of the Monument that is engaged 

in to generate revenue or profits for one 

or more of the persons associated with 

the activity or use, and does not destroy, 

cause the loss of, or injure Monument 

resources. This includes ocean-based 

ecotourism and other activities such as 

educational and research activities that 

are engaged in to generate revenue, but 

does not include commercial fishing for 

bottomfish or pelagic species conducted 

pursuant to a valid permit issued by 

NOAA. 

Stowed and not available for 

immediate use means not readily 

accessible for immediate use, e.g., by 

being securely covered and lashed to a 

deck or bulkhead, tied down, unbaited, 

unloaded, or partially disassembled 

(such as spear shafts being kept separate 

from spear guns). 

Sustenance fishing means fishing for 

bottomfish or pelagic species in which 

all catch is consumed within the 

Monument, and that is incidental to an 

activity permitted under this part. 

Vessel monitoring system or VMS 

means a vessel monitoring system or 

mobile transceiver unit as described in 

§ 404.5 and approved by Office for Law 

Enforcement for use on vessels 

permitted to access the Monument, as 

required by this Part. 

§ 404.4 Access to the Monument. 

(a) Entering the Monument is 

prohibited and thus unlawful except: 

(1) As provided in §§ 404.8 and 404.9; 

(2) Pursuant to a permit issued under 

§§ 404.10 or 404.11; or 

(3) When conducting passage without 

interruption in accordance with 

paragraph (b) of this section. 

(b) Any person passing through the 

Monument without interruption is 

subject to the prohibitions in §§ 404.5, 

404.6, and 404.7 and must provide 

notification prior to entering and after 

leaving the Monument. Notification of 

entry must be provided at least 72 

hours, but no longer than 1 month, prior 

to the entry date. Notification of 

departure from the Monument must be 

provided within 12 hours of leaving. 

Notification under this paragraph may 

be made via e-mail, telephone or fax by 

contacting: 

(1) E-mail: 

nwhi.notifications@commat;noaa.gov; 

or 

(2) Telephone: 1–866–478–NWHI 

(6944); or (808) 395–NWHI (6944). 

(c) A person providing notice under 

this paragraph must provide the 

following information, as applicable: 

(1) Position when making report. 

(2) Vessel name and International 

Maritime Organization identification 

number. 

(3) Name, address, and telephone 

number of owner and operator. 

(4) USCG documentation, state 

license, or registration number. 

(5) Home port. 

(6) Intended and actual route through 

the Monument. 

(7) General categories of any 

hazardous cargo on board. 

(8) Length of vessel and propulsion 

type (e.g., motor or sail). 

§ 404.5 Requirements for a vessel 

monitoring system. 

(a) Requirement for use. Effective 

August 28, 2006, an owner or operator 

of a vessel that has been issued a permit 

for accessing the Monument must 

ensure that such vessel has an OLEapproved, operating VMS on board 

when voyaging within the Monument. 

An operating VMS includes an 

operating mobile transmitting unit on 

the vessel and a functioning 

communication link between the unit 

and OLE as provided by an OLEapproved communication service 

provider. Appendix B to this part 404 

provides information regarding OLEapproved transmitting units. 

(b) Installing and activating the VMS. 

Only a VMS that has been approved by 

OLE may be used. When installing and 

activating the OLE-approved VMS, or 

when reinstalling and reactivating such 

VMS, the vessel owner or operator must: 

(1) Follow procedures indicated on an 

installation and activation checklist, 

which is available from OLE; and 

(2) Submit to OLE a statement 

certifying compliance with the 

checklist, as prescribed on the checklist. 

(c) Interference with the VMS. No 

person may interfere with, tamper with, 

alter, damage, disable, or impede the 

operation of the VMS, or attempt any of 

the same. 

(d) Interruption of operation of the 

VMS. When a vessel’s VMS is not 

operating properly, the owner or 

operator must immediately contact OLE, 

and follow instructions from that office. 

If notified by OLE that a vessel’s VMS 

is not operating properly, the owner and 

operator must follow instructions from 

that office. In either event, such 

instructions may include, but are not 

limited to, manually communicating to 

a location designated by OLE the 

vessel’s positions or returning to port 

until the VMS is operable. 

(e) Access to position data. As a 

condition of authorized access to the 

Monument, a vessel owner or operator 

subject to the requirements for a VMS in 

this section must allow OLE, the USCG, 

and their authorized officers and 

designees access to the vessel’s position 

data obtained from the VMS. Consistent 

with other applicable laws, including 

the limitations on access to, and use of, 

VMS data collected under the 

Magnuson-Stevens Fishery 

Conservation and Management Act, the 

Secretaries may have access to, and use 

of, collected data for scientific, 

statistical, and management purposes. 

(f) Authority for installation and 

operation. OLE has authority over the 

installation and operation of the VMS 

unit. OLE may authorize the connection 

or order the disconnection of additional 

equipment, including a computer, to 

any VMS unit when deemed 

appropriate by OLE. 

(g) Activities Regarding Vessel 

Monitoring Systems. Effective August 

28, 2006, the following activities 

regarding vessel monitoring systems are 

prohibited and thus unlawful for any 

person to conduct or cause to be 

conducted: 

(1) Operating any vessel within the 

Monument without an OLE typeapproved mobile transceiver unit 

described in this section; 

(2) Failing to install, activate, repair, 

or replace a mobile transceiver unit 

prior to leaving port; 

(3) Failing to operate and maintain a 

mobile transceiver unit on board the 

vessel at all times as specified in this 

section; 

(4) Tampering with, damaging, 

destroying, altering, or in any way 

distorting, rendering useless, 

inoperative, ineffective, or inaccurate 

the VMS, mobile transceiver unit, or 

VMS signal required to be installed on 

or transmitted by a vessel as specified 

in this section; 

(5) Failing to contact OLE or follow 

OLE instructions when automatic 

position reporting has been interrupted 

as specified in this section; 

(6) Registering a VMS or mobile 

transceiver unit to more than one vessel 

at the same time; 

(7) Connecting or leaving connected 

additional equipment to a VMS unit or 

mobile transceiver unit without the 

prior approval of OLE; and 

(8) Making a false statement, oral or 

written, to an authorized officer 

regarding the installation, use, 

operation, or maintenance of a VMS 

unit or mobile transceiver unit or 

communication service provider. 

§ 404.6 Prohibited activities. 

The following activities are prohibited 

and thus unlawful for any person to 

conduct or cause to be conducted: 

 

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(a) Exploring for, developing, or 

producing oil, gas, or minerals within 

the Monument; 

(b) Using or attempting to use 

poisons, electrical charges, or explosives 

in the collection or harvest of a 

Monument resource; 

(c) Introducing or otherwise releasing 

an introduced species from within or 

into the Monument; and 

(d) Anchoring on or having a vessel 

anchored on any living or dead coral 

with an anchor, anchor chain, or anchor 

rope. 

§ 404.7 Regulated activities. 

Except as provided in §§ 404.8, 404.9 

and 404.10, the following activities are 

prohibited and thus unlawful for any 

person to conduct or cause to be 

conducted within the Monument 

without a valid permit as provided for 

in § 404.11: 

(a) Removing, moving, taking, 

harvesting, possessing, injuring, 

disturbing, or damaging; or attempting 

to remove, move, take, harvest, possess, 

injure, disturb, or damage any living or 

nonliving Monument resource; 

(b) Drilling into, dredging, or 

otherwise altering the submerged lands 

other than by anchoring a vessel; or 

constructing, placing, or abandoning 

any structure, material, or other matter 

on the submerged lands; 

(c) Anchoring a vessel; 

(d) Deserting a vessel aground, at 

anchor, or adrift; 

(e) Discharging or depositing any 

material or other matter into Special 

Preservation Areas or the Midway Atoll 

Special Management Area except vessel 

engine cooling water, weather deck 

runoff, and vessel engine exhaust; 

(f) Discharging or depositing any 

material or other matter into the 

Monument, or discharging or depositing 

any material or other matter outside the 

Monument that subsequently enters the 

Monument and injures any resources of 

the Monument, 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; 

(g) Touching coral, living or dead; 

(h) Possessing fishing gear except 

when stowed and not available for 

immediate use during passage without 

interruption through the Monument; 

(i) Swimming, snorkeling, or closed or 

open circuit SCUBA diving within any 

Special Preservation Area or the 

Midway Atoll Special Management 

Area; and 

(j) Attracting any living Monument 

resource. 

§ 404.8 Emergencies and law enforcement 

activities. 

The prohibitions in this part do not 

apply to activities necessary to respond 

to emergencies threatening life, 

property, or the environment, or to 

activities necessary for law enforcement 

purposes. 

§ 404.9 Armed Forces actions. 

(a) The prohibitions in this part do 

not apply to activities and exercises of 

the Armed Forces (including those 

carried out by the United States Coast 

Guard) that are consistent with 

applicable laws. 

(b) These regulations shall not limit 

agency actions to respond to 

emergencies posing an unacceptable 

threat to human health or safety or to 

the marine environment and admitting 

of no other feasible solution. 

(c) All activities and exercises of the 

Armed Forces shall be carried out in a 

manner that avoids, to the extent 

practicable and consistent with 

operational requirements, adverse 

impacts on Monument resources and 

qualities. 

(d) In the event of threatened or actual 

destruction of, loss of, or injury to a 

Monument resource or quality resulting 

from an incident, including but not 

limited to spills and groundings, caused 

by a component of the Department of 

Defense or the United States Coast 

Guard, the cognizant component shall 

promptly coordinate with the 

Secretaries for the purpose of taking 

appropriate actions to respond to and 

mitigate the harm and, if possible, 

restore or replace the Monument 

resource or quality. 

§ 404.10 Commercial fishing. 

(a) Lobster fishing. Any commercial 

lobster fishing permit is subject to a zero 

annual harvest limit condition. 

(b) Fishing and bottomfish and 

pelagic species. (1) Notwithstanding the 

prohibitions in § 404.7(a) and (h), 

commercial fishing for bottomfish and 

associated pelagic species may continue 

within the Monument subject to 

paragraph (c) of this section, until 

June 15, 2011, provided that: 

(i) The fishing is conducted in 

accordance with a valid commercial 

bottomfish permit issued by NOAA; and 

(ii) Such permit was in effect on 

June 15, 2006, and is subsequently 

renewed pursuant to NOAA regulations 

at 50 CFR part 665, subpart E as 

necessary. 

(2) Total landings for each fishing 

year from fishing allowed under 

paragraph (b)(1) of this section may not 

exceed the following amounts: 

(i) 350,000 pounds for bottomfish 

species; and 

(ii) 180,000 pounds for pelagic 

species. 

(3) Commercial fishing for bottomfish 

and associated pelagic species is 

prohibited in the Monument after 

June 15, 2011. 

(c) General requirements. Any 

commercial fishing within the 

Monument shall be conducted in 

accordance with the following 

restrictions and conditions: 

(1) A valid permit or facsimile of a 

valid permit shall be on board the 

fishing vessel and available for 

inspection by an authorized officer; 

(2) No attempt is made to falsify or 

fail to make, keep, maintain, or submit 

any logbook or logbook form or other 

required record or report. 

(3) Only gear specifically authorized 

by the relevant permit issued under the 

Magnuson-Stevens Fishery 

Conservation and Management Act is 

allowed to be in the possession of a 

person conducting commercial fishing 

under this section; 

(4) Any person conducting 

commercial fishing notifies the 

Secretaries by telephone, facsimile, or 

electronic mail at least 72 hours before 

entering the Monument and within 12 

hours after leaving the Monument in 

accordance with § 404.4(b) and (c); 

(5) All fishing vessels must carry an 

activated and functioning VMS unit on 

board at all times whenever the vessel 

is in the Monument; 

(6) All fishing vessels must carry an 

observer when requested to do so by the 

Secretaries; 

(7) The activity does not take place 

within any Ecological Reserve, any 

Special Preservation Area, or the 

Midway Atoll Special Management 

Area. 

§ 404.11 Permitting procedures and 

criteria. 

(a) Issuance. Subject to such terms 

and conditions as the Secretaries deem 

appropriate, a person may conduct an 

activity prohibited by § 404.7 if such 

activity is specifically authorized by a 

permit issued under this section. 

(b) Application requirements. 

Applicants for permits under this 

section shall submit applications to: 

Northwestern Hawaiian Islands Marine 

National Monument, 6600 Kalanianaole 

Highway, Suite 300, Honolulu, HI 

96825. 

(c) Permit Types. A permit under this 

subpart may be issued if the Secretaries 

find that the activity: 

(1) Is research designed to further 

understanding of Monument resources 

and qualities; 

(2) Will further the educational value 

of the Monument; 

 

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(3) Will assist in the conservation and 

management of the Monument; 

(4) Will allow Native Hawaiian 

practices subject to paragraph (e) of this 

section; 

(5) Will allow a special ocean use 

subject to paragraph (f) of this section; 

or 

(6) Will allow recreational activities 

subject to paragraph (g) of this section. 

(d) Findings. A permit may not be 

issued under this section unless the 

Secretaries find: 

(1) The activity can be conducted 

with adequate safeguards for the 

resources and ecological integrity of the 

Monument; 

(2) The activity will be conducted in 

a manner compatible with the purposes 

of the Proclamation, considering the 

extent to which the conduct of the 

activity may diminish or enhance 

Monument resources, qualities, and 

ecological integrity, any indirect, 

secondary or cumulative effects of the 

activity, and the duration of such 

effects; 

(3) There is no practicable alternative 

to conducting the activity within the 

Monument; 

(4) The end value of the activity 

outweighs its adverse impacts on 

Monument resources, qualities, and 

ecological integrity; 

(5) The duration of the activity is no 

longer than necessary to achieve its 

stated purpose; 

(6) The applicant is qualified to 

conduct and complete the activity and 

mitigate any potential impacts resulting 

from its conduct; 

(7) The applicant has adequate 

financial resources available to conduct 

and complete the activity and mitigate 

any potential impacts resulting from its 

conduct; 

(8) The methods and procedures 

proposed by the applicant are 

appropriate to achieve the proposed 

activity’s goals in relation to their 

impacts to Monument resources, 

qualities, and ecological integrity; 

(9) The applicant’s vessel has been 

outfitted with a mobile transceiver unit 

approved by OLE and complies with the 

requirements of § 404.5; and 

(10) There are no other factors that 

would make the issuance of a permit for 

the activity inappropriate. 

(e) Additional findings for Native 

Hawaiian practice permits. In addition 

to the findings listed in paragraph (d) of 

this section, a permit to allow Native 

Hawaiian practices under paragraph 

(c)(4) of this section, may not be issued 

unless: 

(1) The activity is non-commercial 

and will not involve the sale of any 

organism or material collected; 

(2) The purpose and intent of the 

activity are appropriate and deemed 

necessary by traditional standards in the 

Native Hawaiian culture (pono), and 

demonstrate an understanding of, and 

background in, the traditional practice, 

and its associated values and protocols; 

(3) The activity benefits the resources 

of the Northwestern Hawaiian Islands 

and the Native Hawaiian community; 

(4) The activity supports or advances 

the perpetuation of traditional 

knowledge and ancestral connections of 

Native Hawaiians to the Northwestern 

Hawaiian Islands; and 

(5) Any Monument resource harvested 

from the Monument will be consumed 

in the Monument. 

(f) Additional findings, criteria, and 

requirements for special ocean use 

permits. (1) In addition to the findings 

listed in paragraph (d) of this section, 

the following requirements apply to the 

issuance of a permit for a special ocean 

use under paragraph (c)(5) of this 

section: 

(i) Any permit for a special ocean use 

issued under this section: 

(ii) Shall authorize the conduct of an 

activity only if that activity is 

compatible with the purposes for which 

the Monument is designated and with 

protection of Monument resources; 

(A) Shall not authorize the conduct of 

any activity for a period of more than 5 

years unless renewed; 

(B) Shall require that activities carried 

out under the permit be conducted in a 

manner that does not destroy, cause the 

loss of, or injure Monument resources; 

and 

(iii) Shall require the permittee to 

purchase and maintain comprehensive 

general liability insurance, or post an 

equivalent bond, against claims arising 

out of activities conducted under the 

permit and to agree to hold the United 

States harmless against such claims; 

(iv) Each person issued a permit for a 

special ocean use under this section 

shall submit an annual report to the 

Secretaries not later than December 31 

of each year which describes activities 

conducted under that permit and 

revenues derived from such activities 

during the year. 

(2) In addition to the findings listed 

in paragraph (d) of this section, a permit 

may not be issued for a special ocean 

use unless the activity has been 

determined to be consistent with the 

findings made pursuant to paragraph (f) 

of this section. 

(3) Categories of special ocean use 

being permitted for the first time under 

this section will be restricted in 

duration and permitted as a special 

ocean use pilot project. Subsequent 

permits for any category of special 

ocean use may only be issued if a 

special ocean use pilot project for that 

category meets the requirements of this 

section, and any terms and conditions 

placed on the permit for the pilot 

project. 

(4) Public notice shall be provided 

prior to requiring a special ocean use 

permit for any category of activity not 

previously identified as a special ocean 

use. 

(5) The following requirements apply 

to permits for a special ocean use for an 

activity within the Midway Atoll 

Special Management Area. 

(i) A permit for a special ocean use for 

activities within the Midway Atoll 

Special Management Area may be 

issued provided: 

(A) The activity furthers the 

conservation and management of the 

Monument; and 

(B) The Director of the United States 

Fish and Wildlife Service or his or her 

designee has determined that the 

activity is compatible with the purposes 

for which the Midway Atoll National 

Wildlife Refuge was designated. 

(ii) As part of a permit issued 

pursuant to this paragraph (f)(5), vessels 

may be allowed to transit the Monument 

as necessary to enter the Midway Atoll 

Special Management Area. 

(6) A permit for a special ocean use 

for activities outside the Midway Atoll 

Special Management Area may be 

issued provided: 

(i) The activity will directly benefit 

the conservation and management of the 

Monument; 

(ii) The purpose of the activity is for 

research or education related to the 

resources or qualities of the Monument; 

(iii) Public notice of the application 

and an opportunity to provide 

comments is given at least 30 days prior 

to issuing the permit; and 

(iv) The activity does not involve the 

use of a commercial passenger vessel. 

(g) Additional findings for recreation 

permits. A permit for recreational 

activities under paragraph (c)(6) of this 

section may be issued for activities to be 

conducted within the Midway Atoll 

Special Management area if, in addition 

to the findings listed in paragraph (d) of 

this section: 

(1) The activity is for the purpose of 

recreation as defined in section 404.3; 

(2) The activity is not associated with 

any for-hire operation; and 

(3) The activity does not involve any 

extractive use. 

(h) Sustenance fishing. Sustenance 

fishing, as defined in 404.3, may be 

allowed outside of any Special 

Preservation Area as a term or condition 

of any permit issued under this part. 

Sustenance fishing in the Midway Atoll 

 

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Special Management Area shall not be 

allowed unless the activity has been 

determined by the Director of the U.S. 

Fish and Wildlife Service or his or her 

designee to be compatible with the 

purposes for which the Midway Atoll 

National Wildlife Refuge was 

established. Sustenance fishing must be 

conducted in a manner compatible with 

the Proclamation and this part, 

including considering the extent to 

which the conduct of the activity may 

diminish Monument resources, 

qualities, and ecological integrity, as 

well as any indirect, secondary, or 

cumulative effects of the activity and 

the duration of such effects. Sustenance 

fishing is subject to systematic reporting 

requirements when developed by the 

Secretaries. 

§ 404.12 International law. 

These regulations shall be applied in 

accordance with international law. No 

restrictions shall apply to or be enforced 

against a person who is not a citizen, 

national, or resident alien of the United 

States (including foreign flag vessels) 

unless in accordance with international 

law. 

Appendix A to Part 404—Map of the 

Monument Outer Boundary and 

Ecological Reserves, Special 

Preservation Areas, and Midway Atoll 

Special Management Area 

BILLING CODE 3510–NK–P 

 

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BILLING CODE 3510–NK–C 

 

April 2008 G-8 Appendix G: Monument Regulations
51142 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 

Appendix B to Part 404—Approved 

VMS 

I. VMS Mobile Transceiver Unit 

Thrane & Thrane Sailor 3026D Gold VMS 

The Thrane & Thrane Sailor 3026D Gold 

VMS (TT–3026D) has been found to meet the 

minimum technical requirements for vessels 

issued permits to operate in the 

Northwestern Hawaiian Islands Marine 

National Monument. The address for the 

Thrane & Thrane distributor contact is 

provided in this notice under the heading 

VMS Provider Address. 

The TT–3026D Gold VMS features an 

integrated GPS/Inmarsat-C unit and a marine 

grade monitor with keyboard and integrated 

mouse. The unit is factory pre-configured for 

NMFS VMS operations (non-Global Maritime 

Distress & Safety System (non-GMDSS)). 

Satellite commissioning services are 

provided by Thrane & Thrane personnel. 

Automatic GPS position reporting starts 

after transceiver installation and power 

activation onboard the vessel. The unit is an 

integrated transceiver/antenna/GPS design 

using a floating 10 to 32 VDC power supply. 

The unit is configured for automatic reduced 

position transmissions when the vessel is 

stationary (i.e., in port). It allows for port 

stays without power drain or power shut 

down. The unit restarts normal position 

transmission automatically when the vessel 

goes to sea. 

The TT–3026D provides operation down to 

+/¥15 degree angles. The unit has the 

capability of two-way communications to 

send formatted forms and to receive e-mail 

and other messages. A configuration option 

is available to automatically send position 

reports to a private address, such as a fleet 

management company. 

A vessel owner may purchase this system 

by contacting the entity identified in this 

notice under the heading ‘‘VMS Provider 

Address’’. The owner should identify himself 

or herself as a vessel owner issued a permit 

to operate in the Northwestern Hawaiian 

Islands Marine National Monument, so the 

transceiver set can be properly configured. 

To use the TT–3026D the vessel owner will 

need to establish an Inmarsat-C system use 

contract with an approved Inmarsat-C 

communications service provider. The owner 

will be required to complete the Inmarsat-C 

‘‘Registration for Service Activation for 

Maritime Mobile Earth Station.’’ The owner 

should consult with Thrane & Thrane when 

completing this form. 

Thrane & Thrane personnel will perform 

the following services before shipment: (1) 

Configure the transceiver according to OLE 

specifications for vessels issued permits to 

operate in the Northwestern Hawaiian 

Islands Marine National Monument; (2) 

download the predetermined NMFS position 

reporting and broadcast command 

identification numbers into the unit; (3) test 

the unit to ensure operation when 

installation has been completed on the 

vessel; and (4) forward the Inmarsat service 

provider and the transceiver identifying 

information to OLE. 

II. Inmarsat-C Communications Providers 

It is recommended, for vendor warranty 

and customer service purposes, that the 

vessel owner keep for his or her records and 

that Telenor and Xantic have on record the 

following identifying information: (1) Signed 

and dated receipts and contracts; (2) 

transceiver serial number; (3) Telenor or 

Xantic customer number, user name and 

password; (4) e-mail address of transceiver; 

(5) Inmarsat identification number; (6) owner 

name; (7) vessel name; (8) vessel 

documentation or registration number; and 

(9) mobile earth station license (FCC license). 

The OLE will provide an installation and 

activation checklist that the vessel owner 

must follow. The vessel owner must sign a 

statement on the checklist certifying 

compliance with the installation procedures 

and return the checklist to OLE. Installation 

can be performed by an experienced crew or 

by an electronics specialist, and the 

installation cost is paid by the owner. 

The owner may confirm the TT–3026D 

operation and communications service to 

ensure that position reports are automatically 

sent to and received by OLE before leaving 

on a trip under VMS. The OLE does not 

regard the vessel as meeting requirements 

until position reports are automatically 

received. For confirmation purposes, contact 

the NOAA Fisheries Office for Law 

Enforcement, 8484 Georgia Ave., Suite 415, 

Silver Spring, MD 20910, phone 888–219–

9228, fax 301–427–0049. 

Telenor Satellite Services 

Inmarsat-C is a store-and-forward data 

messaging service. Inmarsat-C allows users to 

send and receive information virtually 

anywhere in the world, on land, at sea, and 

in the air. Inmarsat-C supports a wide variety 

of applications including Internet, e-mail, 

position and weather reporting, a free daily 

news service, and remote equipment 

monitoring and control. Mariners can use 

Inmarsat-C free of charge to send critical 

safety at sea messages as part of the U.S. 

Coast Guard’s Automated Mutual-Assistance 

Vessel Rescue system and of the NOAA 

Shipboard Environmental Acquisition 

System programs. Telenor Vessel Monitoring 

System Services is being sold through Thrane 

& Thrane, Inc. For the Thrane & Thrane and 

Telenor addresses, look inside this notice 

under the heading ‘‘VMS Provider Address’’. 

Xantic 

Xantic is a provider of Vessel Monitoring 

Services to the maritime industry. By 

installing an approved OLE Inmarsat-C 

transceiver on the vessel, vessels can send 

and receive e-mail, to and from land, while 

the transceiver automatically sends vessel 

position reports to OLE, and is fully 

compliant with the International Coast Guard 

Search and Rescue Centers. Xantic Vessel 

Monitoring System Services are being sold 

through Thrane & Thrane, Inc. For the 

Thrane & Thrane and Xantic addresses, look 

in this notice under the heading ‘‘VMS 

Provider Address’’. 

For Telenor and Xantic, Thrane & Thrane 

customer service supports the security and 

privacy of vessel accounts and messages with 

the following: (a) Password authentication for 

vessel owners or agents and for OLE to 

prevent unauthorized changes or inquiries; 

and (b) separation of private messages from 

OLE messages. (OLE requires VMS-related 

position reports, only.) 

Billing is separated between accounts for 

the vessel owner and the OLE. VMS position 

reports and vessel-initiated messaging are 

paid for by the vessel owner. Messaging 

initiated from OLE operations center is paid 

for by NOAA. 

Thrane & Thrane provides customer 

service for Telenor and Xantic users to 

support and establish two-way transmission 

of transceiver unit configuration commands 

between the transceiver and land-based 

control centers. This supports OLE’s message 

needs and, optionally, the crew’s private 

message needs. 

The vessel owner can configure automatic 

position reports to be sent to a private 

address, such as to a fleet management 

company. 

Vessel owners wishing to use Telenor or 

Xantic services will need to purchase an 

Inmarsat-C transceiver approved for vessels 

issued permits to operate in the 

Northwestern Hawaiian Islands Marine 

National Monument. The owner will need to 

complete an Inmarsat-C system use contract 

with Telenor or Xantic, including a mobile 

earth station license (FCC requirement). The 

transceiver will need to be commissioned 

with Inmarsat according to Telenor or 

Xantic’s instructions. The owner should refer 

to and follow the configuration, installation, 

and service activation procedures for the 

specific transceiver purchased. 

III. VMS Provider Address 

For TT–3026D, Telenor, or Xantic 

information, contact Ronald Lockerby, 

Marine Products, Thrane & Thrane, Inc., 509 

Viking Drive, Suite K, L & M, Virginia Beach, 

VA 23452; voice: 757–463–9557; fax: 757–

463–9581, e-mail: rdl@tt.dk.com; Web site: 

http://www.landseasystems.com. 

[FR Doc. 06–7235 Filed 8–25–06; 12:24 pm] 

BILLING CODE 3510–NK–P 

 

April 2008 G-9 Appendix G: Monument Regulations
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April 2008 G-10 Appendix G: Monument Regulations
This section of the FEDERAL REGISTER

contains editorial corrections of previously

published Presidential, Rule, Proposed Rule,

and Notice documents. These corrections are

prepared by the Office of the Federal

Register. Agency prepared corrections are

issued as signed documents and appear in

the appropriate document categories

elsewhere in the issue.

Corrections Federal Register

52874 

Vol. 71, No. 173 

Thursday, September 7, 2006 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 404 

[Docket No. 060824225–6225–01] 

RIN 0648–AU82 

Northwestern Hawaiian Islands Marine 

National Monument 

Correction 

In rule document 06–7235 beginning 

on page 51134 in the issue of Tuesday, 

August 29, 2006, make the following 

correction: 

§ 404.4 [Corrected] 

On page 51137, in the first column, in 

§ 404.4(b)(1), in the second line, 

‘‘nwhi.notifications@commat;noaa.gov’’ 

should read 

‘‘nwhi.notifications@noaa.gov’’. 

[FR Doc. C6–7235 Filed 9–6–06; 8:45 am] 

BILLING CODE 1505–01–D 

 

April 2008 G-11 Appendix G: Monument Regulations
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April 2008 G-12 Appendix G: Monument Regulations
5642 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations 

(3) * * * 

(i) Possession and use of required 

mitigation gear. The equipment listed in 

paragraph (c)(5)(i) of this section must 

be carried on board and must be used 

to handle, release, and disentangle 

hooked or entangled sea turtles, 

prohibited sharks, or smalltooth sawfish 

in accordance with requirements 

specified in paragraph (d)(3)(ii) of this 

section. 

(ii) Handling and release 

requirements. Sea turtle bycatch 

mitigation gear, as required by 

paragraph (d)(3)(i)of this section, must 

be used to disengage any hooked or 

entangled sea turtles as stated in 

paragraph (c)(5)(ii) of this section. This 

mitigation gear should also be employed 

to disengage any hooked or entangled 

species of prohibited sharks as listed in 

Category (D) of Table 1 of Appendix A 

of this part. If a smalltooth sawfish is 

caught, the fish should be kept in the 

water while maintaining water flow 

over the gills and examined for research 

tags and the line should be cut as close 

to the hook as possible. Dehooking 

devices should not be used to release 

smalltooth sawfish. 

* * * * * 

■ 5. In § 635.71, paragraph (a)(33) is 

revised as follows: 

§ 635.71 Prohibitions. 

* * * * * 

(a) * * * 

(33) Deploy or fish with any fishing 

gear from a vessel with pelagic or 

bottom longline gear on board without 

carrying the required sea turtle bycatch 

mitigation gear, as specified at 

§ 635.21(c)(5)(i) for pelagic longline gear 

and § 635.21(d)(3)(i) for bottom longline 

gear. This equipment must be utilized in 

accordance with § 635.21(c)(5)(ii) and 

(d)(3)(ii) for pelagic and bottom longline 

gear, respectively. 

* * * * * 

[FR Doc. E7–2011 Filed 2–6–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 404 

[Docket No. 060824225–6031–02] 

RIN 0648–AU82 

Northwestern Hawaiian Islands Marine 

National Monument; Correction 

AGENCIES: National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC); United 

States Fish and Wildlife Service 

(USFWS), Department of the Interior 

(DOI). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: NOAA and the USFWS 

published final regulations for the 

Northwestern Hawaiian Islands Marine 

National Monument (Monument) on 

August 29, 2006. The preamble and 

regulatory text of that notice contained 

errors pertaining to the electronic mail 

address for submitting comments on the 

information collection requirements of 

that rule, the reference to the 

dimensions of the outer boundary of the 

Monument, and the numbering 

sequence for one paragraph. This final 

rule corrects those errors. This rule 

makes no substantive change to the 

regulations. 

DATES: This correction is effective 

February 7, 2007. 

SUPPLEMENTARY INFORMATION: 

Regulations published by NOAA and 

the USFWS on August 29, 2006 to 

codify the prohibitions and management 

measures set forth in Presidential 

Proclamation 8031 (71 FR 36443, June 

26, 2006) establishing the Monument, 

contained an error in the instructions 

for submitting comments on the 

information collection requirements of 

the final rule via electronic mail, the 

reference to the dimensions of the 

Monument’s outer boundary, and the 

numbering sequence for one paragraph. 

The first error appeared in the first 

sentence of the ADDRESSES section of the 

notice. Here the notice incorrectly refers 

to a ‘‘proposed rule’’ and provides the 

incorrect e-mail address. That sentence 

should read ‘‘Submit written comments 

regarding the burden-hour estimates or 

other aspects of the information 

collection requirements contained in 

this final rule by e-mail to Diana Hynek 

at dHynek@doc.gov.’’ The incorrect email address also appeared in the 

SUPPLEMENTARY INFORMATION section of 

the notice in the first column on page 

51135 below the table. The e-mail 

address should read dHynek@doc.gov. 

The second error is in the third 

sentence of the first paragraph of the 

SUPPLEMENTARY INFORMATION section of 

the notice, where dimensions for the 

outer boundary of the Monument were 

given. The dimensions are for the 

Monument, not the outer boundary. 

Therefore, this sentence should read 

‘‘The Monument is approximately 100 

nmi wide and extends approximately 

1200 nmi around coral islands, 

seamounts, banks, and shoals.’’

The regulatory text of that rule also 

contained an error in the numbering 

sequence for one paragraph. Paragraph 

404.11(f)(1)(ii) should have been 

designated as paragraph 

404.11(f)(1)(i)(A). Paragraphs 

404.11(f)(1)(ii)(A) and (B) and paragraph 

404.11(f)(1)(iii) should have been 

numbered paragraphs 404.11(f)(1)(i)(B) 

through (D), respectively. Paragraph 

404.11(f)(1)(iv) should have been 

designated as paragraph 404.11(f)(1)(ii). 

This final rule makes these corrections. 

The substance of the regulations 

remains unchanged. 

Classification 

Administrative Procedure Act 

The Secretaries find good cause to 

waive notice and comment on this 

correction, pursuant to 5 U.S.C. 

533(b)(B), and the 30-day delay in 

effective date pursuant to 5 U.S.C. 

553(d). Notice and comment are 

unnecessary because this correction is a 

minor, technical change in an e-mail 

address and the numbering of the 

regulations as well as elimination of 

erroneous references to the notice as a 

proposed rule and the dimensions of the 

Monument’s outer boundary. The 

substance of the regulations remains 

unchanged. Therefore, this correction is 

being published as a final regulation 

and is effective February 7, 2007. 

E.O. 12866 

This rule has been determined to be 

not significant for purposes of E.O. 

12866. 

List of Subjects in 50 CFR Part 404 

Administrative practice and 

procedure, Coastal zone, Fish, Fisheries, 

Historic preservation, Intergovernmental 

relations, Marine resources, Monuments 

and memorials, Natural resources, 

Reporting and recordkeeping 

requirements, Wildlife, Wildlife refuges. 

 

April 2008 G-13 Appendix G: Monument Regulations
Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations 5643 

Dated: November 16, 2006. 

Conrad C. Lautenbacher Jr., 

Undersecretary of Commerce for Oceans and 

Atmosphere. 

Dated: January 5, 2007. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

■ Accordingly, NOAA and USFWS 

correct 50 CFR part 404 as follows: 

PART 404—NORTHWESTERN 

HAWAIIAN ISLANDS MARINE 

NATIONAL MONUMENT 

■ 1. The authority citation for 50 CFR 

part 404 continues to read as follows: 

Authority: 16 U.S.C. 431 et seq.; 16 U.S.C. 

460k–3; 16 U.S.C. 1801 et seq.; 16 U.S.C. 

742f; 16 U.S.C. 742l; and 16 U.S.C. 668dd–

ee; 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et 

seq.; Pub. L. No. 106–513, § 6(g) (2000). 

■ 2. In § 404.11, paragraph (f)(1) is 

revised to read as follows: 

§ 404.11 Permitting procedures and 

criteria. 

* * * * * 

(f) Additional findings, criteria, and 

requirements for special ocean use 

permits. 

(1) In addition to the findings listed 

in paragraph (d) of this section, the 

following requirements apply to the 

issuance of a permit for a special ocean 

use under paragraph (c)(5) of this 

section: 

(i) Any permit for a special ocean use 

issued under this section: 

(A) Shall authorize the conduct of an 

activity only if that activity is 

compatible with the purposes for which 

the Monument is designated and with 

protection of Monument resources; 

(B) Shall not authorize the conduct of 

any activity for a period of more than 5 

years unless renewed; 

(C) Shall require that activities carried 

out under the permit be conducted in a 

manner that does not destroy, cause the 

loss of, or injure Monument resources; 

and 

(D) Shall require the permittee to 

purchase and maintain comprehensive 

general liability insurance, or post an 

equivalent bond, against claims arising 

out of activities conducted under the 

permit and to agree to hold the United 

States harmless against such claims; 

(ii) Each person issued a permit for a 

special ocean use under this section 

shall submit an annual report to the 

Secretaries not later than December 31 

of each year which describes activities 

conducted under that permit and 

revenues derived from such activities 

during the year. 

* * * * * 

[FR Doc. 07–545 Filed 2–6–07; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 061124307–7013–02; I.D. 

112106A] 

RIN 0648–AT65 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Specifications 

and Management Measures; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: On January 30, 2007, NMFS 

published a final rule implementing 

2007 specifications and management 

measures for Atlantic mackerel, squid, 

and butterfish (MSB) and modifying 

existing management measures. The 

preamble to the final rule contains Table 

1 announcing the specifications for 

Atlantic mackerel, squid, and butterfish 

fisheries for the 2007 fishing year. Table 

2 of the preamble to the final rule 

announces the trimester allocation of 

the Loligo squid quota in 2007. The 

headings to both tables inadvertently 

indicated that the specifications and 

allocation for 2007 were ‘‘proposed’’

rather than ‘‘final’’. This document 

corrects those errors. 

DATES: Effective March 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Nordeen, Fishery Policy Analyst, 

978- 281–9272, fax 978–281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations implementing the Fishery 

Management Plan for the Atlantic 

Mackerel, Squid, and Butterfish 

Fisheries (FMP) appear at 50 CFR part 

648, subpart B, and regulations 

governing foreign fishing appear at 50 

CFR part 600, subpart F. The final rule 

published on January 30, 2007 (72 FR 

4211) fulfilled NMFS regulatory 

requirements at §§ 648.21 and 

600.516(c) based on the maximum 

optimum yield (Max OY) of each fishery 

as established by the regulations, 

annually specify the amounts of the 

initial optimum yield (IOY), allowable 

biological catch (ABC), domestic annual 

harvest (DAH), and domestic annual 

processing (DAP), as well as, where 

applicable, the amounts for total 

allowable level of foreign fishing 

(TALFF) and joint venture processing 

(JVP) for the affected species managed 

under the FMP. The final specifications 

for 2007 were identified in Table 1 of 

the preamble to the final rule. However, 

the heading to Table 1 inadvertently 

indicated that the specifications were 

‘‘proposed’’ rather than ‘‘final’’. This 

document corrects the heading for Table 

1 appearing on page 4212 (FR Doc. E7–

1445) of the preamble contained in the 

January 30, 2007 Federal Register 

document. The remainder of Table 1 is 

republished in its entirety for the 

public’s convenience. 

The final rule published January 30, 

2007 (72 FR 4213) also identified the 

distribution of the trimester allocation 

of Loligo squid quota for the 2007 

fishing year. However, the heading to 

Table 2 inadvertently indicated that the 

trimester allocation was ‘‘proposed’’

rather than ‘‘final’’. This document 

corrects the heading for Table 2 

appearing on page 4213 (FR Doc. E7–

1445) of the preamble contained in the 

January 30, 2007 Federal Register final 

rule document. The remainder of Table 

2 is republished in its entirety for the 

public’s convenience. 

Correction 

Accordingly, the final rule published 

on January 30, 2007, at 72 FR 4211 (FR 

Doc. E7–1445), to be effective March 1, 

2007, is corrected as follows: 

1. On page 4212, Table 1, title heading 

is corrected and the table text is 

republished to read as follows: 

 

April 2008 G-14 Appendix G: Monument Regulations
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

APPENDIX H: 

Monument Memorandum of Agreement 


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April 2008 H-2 Appendix H: Memorandum of Agreement
April 2008 H-3 Appendix H: Memorandum of Agreement
April 2008 H-4 Appendix H: Memorandum of Agreement
April 2008 H-5 Appendix H: Memorandum of Agreement
April 2008 H-6 Appendix H: Memorandum of Agreement
April 2008 H-7 Appendix H: Memorandum of Agreement
April 2008 H-8 Appendix H: Memorandum of Agreement
April 2008 H-9 Appendix H: Memorandum of Agreement
April 2008 H-10 Appendix H: Memorandum of Agreement
April 2008 H-11 Appendix H: Memorandum of Agreement
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April 2008 H-12 Appendix H: Memorandum of Agreement
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

APPENDIX I: 

Operational Protocols and 

Best Management Practices 

Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 I-1 Appendix I: Operational Protocols 

Disease and Introduced Species Prevention Protocol 

for Permitted Activities in the Marine Environment 

Papahānaumokuākea Marine National Monument1

I. Equipment and Dive Gear Disinfection 

Equipment and gear is treated according to three levels that correspond to the potential for the 

spread of disease and/or introduced species. 

General points applicable to all the levels and acceptable disinfection solutions are listed in D. 

A. Level One: Equipment in direct contact with diseased coral tissue or other 

diseased organisms 

• Equipment: includes, but is not limited to, gloves, chisels, forceps, drill bits, shears, 

clippers, and spear tips. 

• Multiple sets of equipment: Use a disinfected set of equipment for diseased coral 

colonies and another disinfected set of equipment for non-diseased coral colonies at each 

dive site. 

• Disinfect between sites: Use a disinfected set of equipment at each dive site. Disinfect 

equipment by soaking for a minimum of ten minutes in an acceptable disinfection 

solution (see acceptable disinfection solutions listed below). 

Non-porous equipment (e.g. forceps, chisels): Use wipes in which the active 

ingredient is quaternary ammonium chloride compounds (QACs) (e.g., Clorox or 

Lysol® wipes) to remove organic matter. Follow wiping by soaking for a 

minimum of ten minutes in a disinfectant solution. 

Porous equipment and dive gear (e.g. gloves, nylon mesh bags): Manually 

remove any organic matter, and soak for a minimum of 10 minutes in an 

acceptable disinfectant solution. 

• Secure all samples: Seal all samples in bags or jars under water and place sample bags 

and jars in secure holding container. 

 B. Level Two: Benthic equipment not used to sample diseased coral tissue or 

other diseased organisms 

• Benthic equipment: includes equipment that may contact the benthos such as reels, tape 

measures, goodie bags, transect lines, etc. 

• Disinfect between sites: Use a disinfected set of equipment at each dive site. 

 

1

 This protocol and a companion document, “Disease and Introduced Species Prevention 

Protocol for Permitted Activities in the Marine Environment Papahānaumokuākea 

Marine National Monument,” were accepted at the April 9, 2007 Monument 

Management Board Meeting. 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 I-2 Appendix I: Operational Protocols 

• Disinfect equipment: achieved by soaking for a minimum of ten minutes in a disinfection 

solution (see acceptable disinfection solutions listed below). 

Non-porous equipment must be wiped and/or soaked. If wiping, use wipes in which the 

active ingredient is QACs. An accepted wipe is Clorox or Lysol® wipes. If soaking, soak for 

a minimum of ten minutes in an acceptable disinfectant solution. 

Porous equipment must be soaked for a minimum of ten minutes in an acceptable disinfectant 

solution. 

 C. Third Level: All dive gear used in the Monument 

• Dive gear includes any wetsuit, mask, fin, snorkel, BC, regulator, weight belt, booties, 

etc. 

• Disinfect dive gear daily (if used). Inspect all dive gear and remove any organic matter. 

Disinfect by submerging for a minimum of ten minutes in an acceptable disinfection 

solution, followed by a thorough fresh water rinse, and hanging to dry. 

D. General points applicable to all three levels 

• Disinfect any equipment and gear at least daily if used. Also, only disinfected equipment 

and gear may be transported either direction between Papahanaumokuakea and the main 

Hawaiian islands. 

• Dispose of organic matter and used solution according to the ship’s solid waste disposal 

or other approved secure holding system.

• Acceptable Disinfection Solutions:

1. 3% dilution of commercial bleach (e.g. Clorox or other 5-6% sodium 

hypochlorite product) in fresh water; 

2. the manufacturer’s recommended disinfection strength dilution of quaternary 

ammonium compounds in “soft” (low concentration of calcium or magnesium 

ions) fresh water. An example of an acceptable QAC solution is Lysol® All 

Purpose Cleaner in a 6.6% Lysol in water dilution.

II. Cleaning Tender Vessels

• At least daily (if tender vessel if used), inspect for and remove any algal fragments or 

other organisms (dispose of organic matter and used solution according to the ship’s solid 

waste disposal or other approved secure holding system). 

• Rinse tender vessel internal and external surfaces with fresh water between islands, 

including during transits in either direction between Papahanaumokuakea and the main 

Hawaiian islands.

• Allow tender vessel to dry before redeployment.

III. Disinfection of Shipboard Wet Laboratory 

• At least daily (if lab is used), disinfect entire laboratory, including sinks, countertops, 

walls, doors, and floors. 

• Acceptable Disinfection Solutions and Wipes:
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 I-3 Appendix I: Operational Protocols 

1. 3% dilution of commercial bleach (e.g. Clorox or other 5-6% sodium 

hypochlorite product) in fresh water; 

2. the manufacturer’s recommended disinfection strength dilution of quaternary 

ammonium compounds in “soft” (low concentration of calcium or magnesium 

ions) fresh water. An example of an acceptable QAC solution is Lysol® All 

Purpose Cleaner in a 6.6% Lysol in water dilution. Also, commercially available 

wipes containing QACs (e.g. Clorox®, Lysol®) are acceptable; and

3. 70-80% ethanol. 

• Dispose of all materials generated during cleaning according to the ship’s solid disposal 

or other secure holding system. 

• The laboratory must be clean between islands, including during transits in either direction 

between Papahanaumokuakea and the main Hawaiian islands. 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 I-4 Appendix I: Operational Protocols 

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Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 I-5 Appendix I: Operational Protocols

Papahanaumokuakea Marine National Monument 

Special Conditions & Rules 

For 

Moving Between Islands & Atolls 

And 

Packing For Field Camps 

June 2007 

The islands and atolls of the Papahanaumokuakea Marine National Monument (Monument) and the 

Hawaiian Islands National Wildlife Refuge are special places providing habitat for many rare, endemic 

plants and animals. Many of these species are formally listed as Endangered under the Endangered 

Species Act. Endemic plants and insects, and the predators they support, are especially vulnerable to the 

introduction of competing or consuming species. Such introductions may cause the extinction of island 

and reef endemics, or even the destruction of entire island or reef ecological communities. Notable local 

examples include: the introduction of rabbits to Laysan Island in 1902 which caused the extinction of 

numerous plant and insect species, and 3 endemic landbird species; the introduction of rats to many 

Pacific Islands causing the elimination of many burrowing seabird colonies; the introduction of the annual 

grass, sandbur, to Laysan Island where it has crowded out native bunch grass thus, eliminating nesting 

habitat for the Endangered Laysan finch; and, the introduction and proliferation of numerous ant species 

throughout the Pacific Islands to the widespread detriment of endemic plant and insect species. 

Several of the islands within the Monument are especially pristine, and as a result are rich in rare and 

special plants and animals. Nihoa Island has at least 17 endemic and rare insect species, 5 Endangered 

plants and 2 Endangered birds. Necker Island has Endangered plants and 11 endemic insects. Laysan 

Island has Endangered plants, 9 endemic arthropods and the Endangered Laysan finch and Laysan duck. 

Other islands in the Monument such as Lisianski, and islets in Atolls such as Pearl and Hermes Reef and 

French Frigate Shoals provide homes for a variety of endemic and/or endangered species and require 

special protection from alien species. 

Other Pacific Island such as Kure and the “high islands” (Oahu, Hawaii, Maui, Kauai, etc.) as well as, 

certain islands within Midway Atoll, Pearl and Hermes Reef and French Frigate Shoals have plants and/or 

animals that are of high risk for introduction to the relatively pristine islands discussed above. Of special 

concerns are snakes, rats, cats, dogs, ants and a variety of other insect and plant species. Harmful plant 

species of highest concern that we know of are Verbesina encelioides, Cenchrus echinatus, and Setaria 

verticillata.

The Co-trustees are responsible for the management and protection of the islands, reefs and wildlife of the 

Monument. No one is permitted to set foot within the Monument without the express permission of the 

Co-trustees through the permitting process. Because of the above concerns, the following restrictions on 

the movement of personnel and materials throughout the Monument exist. 

The Following Conditions and Rules apply to the all islands within the Monument with the 

exception of those at French Frigate Shoals and Midway Atoll: 

Definitions:

“new" means off the shelf and never used anywhere but the island in question. 

"clothing" is all apparel , shoes, socks, over and under garments. 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 I-6 Appendix I: Operational Protocols

"soft gear" is all gear such as daypacks, fannypacks, packing foam or similar material, camera bags, 

camera/binocular straps, microphone covers, nets, holding or weighing bags, bedding, tents, luggage, or 

any fabric, fiber, paper or material capable of harboring seeds or insects. 

1. Any personnel who will be landing boats, and staying within the boats, at any island should have 

clean clothes and shoes.

2. Any personnel going ashore at any island and moving inshore from the immediate area in which 

waves are breaking, or beyond the intertidal area, at the time of landing must have new footwear, 

new or island specific clothes and new or island specific soft gear. All must be frozen for at least 

48 hours prior to landing. 

3. Any personnel entering any vegetated area, regardless of how sparse the vegetation, must have 

new footwear, new clothes and new soft gear all frozen for at least 48 hours prior to landing. 

4. To avoid transport of seeds from within small boats the following protocol should be followed. 

For islands with safe or sandy landing conditions, one should keep quarantine shoes/socks inside 

quarantine containers until the island is reached. One should go ashore bare foot, and then don 

the quarantine shoes. Non quarantine shoes should be removed in the small boat, put into a 

bucket or some kind of sealed container, and left enclosed in that container until the person 

departs the island. The sealed container, if clean on the outside, may go ashore, but should not be 

opened ashore. For landings which are rocky, rough, and relatively unsafe (such as Necker and 

Nihoa) for safety reasons, quarantine shoes should be donned when inside the small boats, but 

care should be taken to look for seeds and insects which may be in the small boat. 

5. Soft gear may not be moved between islands. Hard gear must be thoroughly cleaned and frozen 

for at least 48 hours between islands. 

6. During transit, clothing and gear coming off Kure, Midway, or any islet of French Frigate Shoals 

must be carefully sequestered to avoid contamination of gear bound for cleaner islands. Special 

care must be taken to avoid contaminating gear storage areas and quarters aboard transporting 

vessels with seeds or insects from these islands. 

7. Regardless of origin or destination, inspect and clean all equipment, supplies, etc., just prior to 

any trip to the Monument. Carefully clean all clothing, footwear and softgear following use to 

minimize risk of cross contamination of materials between islands. 

 

8. Pack supplies in plastic buckets with fitted lids or other sealable metal or plastic containers since 

they can be thoroughly cleaned inside and out. Cardboard is not permitted on islands.

Cardboard boxes disintegrate in a short time and harbor seeds, animals, etc., which cannot be 

easily found or removed. Wood is not permitted unless sealed (painted or varnished) on all 

surfaces and frozen for 48 hours.

Wooden boxes can also harbor insects and seeds and therefore are only allowed if well 

constructed (tight fitting seams are required). All wood must be treated, and inside and outside 

surfaces must be painted or varnished to provide a smooth, cleanable finish that seals all holes. 

9. Freeze or tarp and fumigate then seal all equipment (clothes, books, tents, everything) just prior to 

departure. Food and cooking items need not be fumigated but should be cleaned and frozen, if 

freezable. Cameras, binoculars, radios, and other electronic equipment must be thoroughly 

cleaned, including internal inspection whenever possible, but do not need to be frozen or 
Draft Monument Management Plan 

Volume III: Appendices – Supporting Documents and References 

April 2008 I-7 Appendix I: Operational Protocols

fumigated. Such equipment can only be packed in wooden crates if treated as in #2 above. Any 

containers must contain new, clean packing materials and be frozen or fumigated. 

10. At present, Tern Island is the singular exception to the above rule, having less stringent rules due 

to the large number of previously established alien species. Careful inspection of all materials and 

containers is still required. However, it is acceptable to use wooden and cardboard containers for 

transporting supplies to Tem Island. Also, there is no requirement for freezing or fumigating 

items disembarked at Tem. Although requirements for Tem Island are more lax, the Refuge is 

still concerned about the possibilities of new introductions. Do not wear clothing to Tern Island 

that has been worn at Pearl and Hermes, Midway Atoll or Kure Atoll. 

Additional Special Conditions for Travel to Nihoa and Necker (Mokumanamana) Islands: 

Nihoa and Necker are the most pristine locations in the Monument. Nihoa is home to the highest number 

of federally listed endangered species in the Monument. Many areas of these small rugged islands are 

inaccessible. Introduction of any alien species could have disastrous results in a very short time. It would 

be almost impossible to mount any kind of control or eradication program on these islands should an alien 

species become established. Because of these reasons, access to Nihoa and Necker are strictly limited, and 

rules governing entry are more stringent. 

1. Access to Nihoa and Necker by permittees will only be allowed under the accompaniment and 

supervision of a U.S. Fish and Wildlife Service (USFWS) Representative. The representative, 

who shall be appointed by the U.S. Fish and Wildlife Service Monument Manager will work with 

permittees to assure careful compliance with all rules for inspection, handling and preparation of 

equipment. The USFWS Representative will have the authority to control and limit access to 

various parts of the island to protect animals, plants and archaeological sites, especially 

endangered species. The USFWS Representative will have the authority to disallow access to the 

island, or order an immediate departure from the island if conditions for working on the island are 

not met or are violated in some way. 

2. All field equipment made out of fabric material or wood must be new, and never previously used 

in the Northwestern or main Hawaiian Islands. Equipment previously purchased or made for use 

on Nihoa and Necker that has been carefully sealed and stored while away from Nihoa and 

Necker, and not used elsewhere, may also be brought onto the island. Rules for freezing and/or 

fumigating are as described for other sites in the Monument (see above). 

3. Clothing, footwear (shoes, slippers, socks, etc.), daypacks (soft gear) must be new, unused, or 

previously only used on Nihoa (or Necker) and carefully sealed and stored while off of the island. 

Hard gear such as camera, and equipment must be thoroughly cleaned and inspected. 

Additional Special Conditions for Travel Within Pearl and Hermes Atoll:

In recent years Verbesina encelioides has been introduced to Southeast Island within Pearl and Hermes 

Atoll. This noxious weed has taken over a large portion of the island. To prevent the further spread of 

this weed to the other islets within this atoll the following precaution must be taken: 

1. Every person should have one set of quarantine gear and clothing for Southeast Island and one set 

of quarantine gear and clothing for all other islets in the atoll. For instance the same clothing, and 

if needed camping gear, may be used at north and seal kittery, but anything used at southeast 

needs to stay off all other islets in the atoll. Do not use the outer islet clothing and gear on 

Southeast Island. 
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2. Carefully inspect small boats and their associated equipment when traveling between islets at 

Pearl and Hermes Atoll. Since folks likely take one anchor ashore and put one anchor in the 

water there is potential for seed dispersal on anchor lines as well as from within the small boats. 

This needs to be watched very carefully. 

Additional Special Conditions for Food:

Fresh foods such as fruits, vegetables, leafy vegetables and tubers are not permitted on quarantine 

enforced islands (Necker, Nihoa, Laysan, Garner Pinnacles, Lisianski and Pearl and Hermes Reef). 

Concern is not only that certain species such as tomatoes could easily become established but that 

decomposing organic waste can also harbor microbes and insects and can act as an introduction vector. 

Soil can contain many seeds, eggs, larvae, etc., and cannot be transported to or between islands. 

All other food that can be safely frozen (this does not apply to food in cans or glass jars) must be 

packaged in air tight containers just as all other gear and frozen for 48 hours. 
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Precautions for Minimizing Human Impacts on Endangered Land Birds in 

Papahānaumokuākea Marine National Monument 

The Nihoa finch (Telespiza ultima), Nihoa millerbird (Acrocephalus remota), and Laysan finch 

(Telespyza cantans) are inquisitive birds that constantly inspect and probe their environment while 

foraging. While this probably benefits them in their natural environment, it can be problematic when 

humans bring in equipment or set up encampments. Things that we normally would not think of as 

hazards to wildlife become sources of finch or millerbird mortality (usually by drowning, entanglement, 

and entrapment). In order to avoid the unintentional killing of these endangered species, it is imperative 

that visitors to Nihoa, Laysan, and Pearl and Hermes Atoll be aware of the different hazards that humans 

pose to passerine birds. The guidelines below derive from documented mortalities and will help you 

“bird-proof’ your operation, but additional hazards exist, so use common sense at all times. 

 

1. The burn barrel must be attended at all times when burning trash; be vigilant. When not burning, any 

vents or rust-eaten holes in the barrel or lid must be covered (e.g., with rocks). 

2. Buckets must always be overturned so that they won’t collect rainwater. 

3. Laundry buckets must have lids on them while laundry is soaking. 

4. Water-filled buckets for dishwashing (or any other chore) must always be attended. 

5. Desalinator garbage cans should have netting placed between the can and the lid. Make sure the lids 

close properly; faulty positioning of hoses can interfere with proper closure. 

6. Tarps (e.g., those covering propane, etc.) must be tucked in tightly so that they don’t collect 

rainwater. 

7. Fabric with loose threads should be burned; little feet can become entangled when fabric is hung out 

to dry. Cut loose threads off tents and tarps. 

8. Anything with small mesh (e.g., bird nets or insect nets) should be put away to avoid foot 

entanglement. 

9. Water jugs should be aligned with ample space between rows so that finches won’t get trapped. 

Always keep jugs capped. 

10. For stability reasons, buckets should not be stacked more than two high. Keep an eye out for leaning 

buckets or water jugs, and level the sand beneath them if necessary. 

11. Tents should be zipped at all times (day and night) so that finches and millerbirds cannot enter. 

12. Finches and millerbirds should be discouraged from eating people-food so as not to augment the 

camp population any more than it is already. Dependency by the finches on the camp will result in 

suffering when temporary and more-permanent field camps dissolve. 
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Human Hazards to Seabirds 

in Papahānaumokuākea Marine National Monument 

Most seabirds exhibit insular tameness, which is behavior characterized by a lack of the wariness you 

might observe in birds living in areas with terrestrial predators. Because of this, it sometimes appears by 

their actions as if humans pose no problems for them. In fact there are a number of potentially serious 

consequences every time a seabird colony is entered, even by experienced researchers. Hazards to 

seabirds also result from the movement of vessels through the waters of the Monument. 

Mechanical - At most seabird colonies in the Monument, you will see birds nesting on three different 

levels, under the ground, on the surface, and in the shrubs and trees. At many times of the year it is 

difficult to walk in some parts of the colony without stepping on eggs or caving in the burrows of the 

petrels and shearwaters. Chicks of several of the tern species hide in vegetation so you should be careful 

about setting your foot where you cannot see the surface of the ground. Ground-nesting gray-backed 

terns and brown noddies are often most affected by your activities because they are very timid and nest in 

open areas that may be travel pathways. If you have occasion to have to walk in burrow areas, you must 

be prepared to rescue a shearwater or petrel by digging if you accidentally cave in its home. Putting out 

temporary tents or stacks of equipment may provide a site that burrowing or crevice nesting birds will 

use. Subsequently removing these materials may cause the nest to fail. Special care should be taken never 

to leave string or line anywhere in the colony. Seabirds have an uncanny ability to find it and get tangled 

in any material of this kind. Lights in camps or on vessels at sea cause a collision hazard for petrels and 

shearwaters in particular because they are confused by the light and collide with the vessel or lighted 

structure. All ship lights except for running lights or anchor lights should be extinguished or shielded, 

especially when operating in proximity to seabird colonies. 

Thermal - The climate of the tropical and subtropical islands seems mild but the eggs and small chicks of 

all the species live a precarious life on the edge of thermal disaster. The attendance patterns of adults 

reflect this with eggs and tiny chicks virtually never left unattended. Great care and attention must be 

given to never keeping a bird off its egg or chick for more than a few minutes. Keep this in mind if you 

must spend more than 3 or 4 minutes in any area. This is an issue when it is hot as well as when it is cool 

and wet. When first approaching a site look for any nests or adults flushed from an inconspicuous nest 

and plan your work to minimize keeping birds from attending their eggs or chicks for more than 3 

minutes. 

Biological - In some colonies, one species may learn to take advantage of human disturbance to prey 

upon others. Frigatebirds will take chicks and steal nest material from booby nests and other frigatebird 

nests when the owners of the nest are frightened off by human disturbance. In colonies inhabited by 

finches of various species, the minute an egg is exposed the finch will rush in and peck a hole and 

consume the contents. Unattended eggs of ground-nesting species are often eaten by shorebirds such as 

ruddy turnstones. All small seabirds are at great risk in colonies where there are introduced rats. It is 

possible that going up to isolated or cryptic nests and handling the eggs will provide a trail that might lead 

rats to the nest. 

Behavioral considerations – Young ground-nesting terns such as sooty terns, gray-backed terns and 

brown noddies are particularly vulnerable to disturbance at age 2 through 7 days from hatching because 

they are large enough to run in panic if a person walks through the nesting area but not old enough to find 

their way back to their own nest-site where their parent will recognize and feed them. A colony with 

chicks at this young age (before scapular feathers have erupted) must not be disturbed. All three species 
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of boobies (brown, red-footed, and masked) are vulnerable to injury and death when they dive on towed 

lures used during trolling operations. Younger birds seem particularly susceptible to this. Sustenance 

fishing operations in the Monument should be stopped immediately if birds are flying in the area and 

express interest in the lures. 
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Papahānaumokuākea Marine National Monument 

National Marine Fisheries Service Best Management Practices 

• If there is any Hawaiian monk seal or any other protected species in the area when performing 

any permitted activity, the activity shall cease until the animal(s) depart the area unless the 

activity is covered under a separate permit that allows that activity (e.g., ESA and/or MMPA 

permits); 

• The applicant and those working under any permit issued for this activity shall be familiar with 

the “Marine Wildlife Viewing Guidelines,” accessible at NOAA’s National Marine Fisheries 

Service website: http://www.fpir.noaa.gov/PRD/prd laws policies guidelines1.html; 

• Implement the “Disease and Introduced Species Prevention Protocol for Permitted Activities in 

the Marine Environment Papahānaumokuākea Marine National Monument” for in-water 

activities; and 

• Implement the “Bests Practices for Minimizing the Impact of Artificial Light on Sea Turtles” 

Pacific Islands regional Office, NOAA National Marine Fisheries service, Rev. Nov. 9, 2007, as 

applicable. 

February 28, 2008 Pacific Islands Regional Office. 
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Best Practices for Minimizing the Impact of Artificial Light on Sea Turtles 

NOAA’s National Marine Fisheries Service (NOAA Fisheries) and the U.S. Fish and Wildlife Service are 

jointly responsible for the protection of threatened and endangered sea turtles. In Hawai‘i, the agencies 

are especially concerned about the impact of shoreline activities on the successful nesting and basking of 

green and hawksbill sea turtles. 

Over 90 percent of nesting activity for the Hawaiian population of the threatened green sea turtle 

(Chelonia mydas) occurs at French Frigate Shoals in the Northwestern Hawaiian Islands (NWHI). Green 

turtles nest from May through September, peaking in June and July. Hatchlings continue to emerge from 

nests through November. Large numbers of green turtles are also known to bask throughout the NWHI. 

The endangered hawksbill sea turtle (Eretmochelys imbricata) also nests in Hawai‘i, with over 90 percent 

of documented nests occurring on the Island of Hawai‘i. Regular nesting also occurs on Maui and 

Moloka‘i. Hawksbills appear to nest and forage primarily within the main Hawaiian Islands, though they 

have been sighted in the Northwestern Hawaiian Islands. 

Many factors affect the potential survival of these turtles, including the loss or destruction of nesting and 

basking beaches, and other human shoreline activities such as the use of artificial lights. The following 

set of measures should be adopted as appropriate, to minimize the impacts of lighting on sea turtles:

A. Avoid the use of artificial lighting near beaches, where possible, particularly during nesting and 

hatching seasons. 

Artificial light sources on a nesting beach may deter adult females from exiting the water to lay eggs on 

the beach, cause abandonment of nesting attempts, or disorient adult females and disrupt their natural 

behavior of returning to the sea after nesting. Artificial light will disorient hatchlings that use light cues 

to find their way to the sea, making them more vulnerable to predation, exhaustion, and desiccation. 

Artificial light may also disturb basking turtles. 

B. Do not use excessive or unnecessary amounts of light, or leave lights on or allow campfires to 

burn longer than necessary. 

Basking behavior may help turtles avoid marine predators. If artificial lighting causes a basking turtle to 

return to the sea, it may be more vulnerable to predation. 

C. Shield or redirect lights to reduce as much as possible the amount of light that can be seen from 

the nesting or basking beach. 

Effective light shields should be completely opaque, sufficiently large, and positioned so that light from 

the shielded source does not reach the beach. 

D. Where possible, use low-intensity light sources that emit long wavelength light (yellow, red) and 

avoid sources that emit short wavelengths (ultraviolet, blue, green, white). 

Long wavelengths are the least disturbing to sea turtles. Red light-emitting diodes (LEDs) are the best 

option and one of the light sources least disruptive to sea turtles. Amber or yellow filters placed on light 

sources are less desirable than red lighting, as they vary in effectiveness and will fade over time.

E. Aboard vessels at sea, use the minimum lighting necessary to comply with navigation rules and 

best safety practices. 

Sea turtles of all life stages may be attracted to lights from vessels at sea. These turtles may be vulnerable 

to vessel activities, as well as being vulnerable to predators that may also be attracted to the same lights. 
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Special Conditions & Rules 

for Small Boat Operations at Tern Island 

Trip Authorization 

All boat trips, including the use of non-FWS vessels, must be authorized by the resident refuge manager 

before leaving Tern Island or entering French Frigate Shoals. Information must be provided on the trip 

objectives, the destination(s), and approximate time of return. The resident refuge manager may withhold 

permission for a boat to leave Tern Island or operate within the refuge boundary if in his/her opinion, the 

seas are too rough, the weather is inclement, the equipment is in questionable condition, or the operator 

lacks the experience to cope with prevailing conditions. 

Boat Operators and Passengers

All boat operators are required to have completed a Boat Safety Course for use of boats at French Frigate 

Shoals. FWS Employees must have official DOI boat training certification. Operators must be 

experienced in handling small craft around coral heads and choppy seas and be familiar with outboard 

engine operation and repair. If the resident refuge manager is not familiar with their abilities, he/she may 

request a demonstration ride or other means for skills verification. All persons involved in boating 

operations must be able to swim. The operator is responsible for seeing that all boat use policy 

requirements are met. Any kind of unsafe boat operation (violation of boating policy, reckless driving, 

excessive speed, etc.) will be cause for the resident refuge manager to revoke that person's right to operate 

boats at French Frigate Shoals. Everyone in the boat must have his/her life jacket on at all times! Each 

person that is to operate boats at French Frigate Shoals will be required to read and sign the Tern Island 

copy of the Boat Use Policy to verify that he/she has read and understood it. 

Boats and Equipment

All boats going on solo trips are required to have two motors in working condition. Both motors must be 

tested before leaving the dock area and must be attached to the boat by a safety chain or rope unless 

bolted to the hull. Boats must have standard safety equipment on board including a life preserver for each 

person (diving buoyancy compensators and wet suits are not adequate), a bow anchor with at least 120 

feet of line (and a similarly equipped stern anchor, if landing on another islet), paddles or oars, an 

emergency tool kit, a first-aid kit, an emergency locating transmitter (EPIRB), an emergency strobe light, 

and handheld radios. 

A second boat with two motors in good working condition will either travel with the other boat(s) or be 

ready for immediate use at Tern Island should an emergency arise and rescue be required. 

Radio Procedure

All boats launched from Tern Island must be equipped with two operational radios. An exception to this 

rule is when several boats are being used to offload vessels. Since all boats will be in visual contact with 

other boats, Tern Island, or the offloading vessel, only one radio is required. Check with the resident 

refuge manager for the radio frequencies being used. Radios must be tested before leaving the dock area. 

It is the responsibility of the boat operator to make sure that radios are properly charged prior to any trip 

(check with the resident refuge manager for proper charging procedures). 
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Boats must contact Tern Island when they leave a location and when they reach their destination. 

Arrangements must be made prior to a boat trip to have someone monitoring the radios at Tern Island 

within 15 minutes after arrival at a destination, or of the time of a prearranged radio call. If contact is not 

made the boat must immediately return to Tern Island. If radio contact is made while returning to Tern 

Island the trip can be resumed. If Tern Island does not hear from a boat 1 hour past the expected arrival 

or prearranged radio call, the backup boat will be launched and a search will commence. 

Previous FFS Boating Policy required a rescue boat to be launched 1 hour after any boat is overdue for 

radio check in. This remains unchanged except that in the late afternoon all boat operators must check in 

prior to the Departure Guidelines listed below. If a boat has not checked in by the listed guideline, a 

rescue boat will be launched immediately and sent to the last known location of the missing boat. 

Departure Guidelines 

All boating activities must be limited to a period between half an hour after sunrise and 1 1/2 hours before 

sunset. If you change your original route for any reason during the day, contact the resident refuge 

manager by radio on Channel 16. To allow reasonable amount of time to perform search and rescue, 

boats must depart the following areas before sunset as stated: Disappearing Island 5 hours, the Gins 2 hr 

15 min; East Island 2 hours; Shark, Trig, and Round Islands 1 hr 50 min. 

General Rules

No boats may be launched if the wind speed exceeds 20 knots or if seas are deemed exceedingly rough by 

the resident refuge manager. Approach to within one-half mile of any islet not specifically mentioned on 

Monument Permits is prohibited, except in emergency situations or unless permission is otherwise 

obtained in advance from the resident refuge manager. At least two people must be aboard a boat at all 

times unless pre-approved by the resident refuge manager. 

April 

All cover photos c James Watt with the exception of the upper left 

which is courtesy of Andy Collins/NOAA