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 Department of Commerce National Oceanic and Atmospheric Administration 15 CFR Part 922
[Docket No. 240213-0047]
RIN 0648-BL33
 AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).
 ACTION: Proposed rule; notification of availability of draft environmental impact statement and draft management plan; request for public comments.
 SUMMARY: NOAA proposes to designate marine portions of Papahānaumokuākea Marine National Monument as Papahānaumokuākea National Marine Sanctuary (proposed sanctuary) to protect nationally significant biological, cultural, and historical resources and to manage this special place as part of the National Marine Sanctuary System. The proposed sanctuary consists of an area of approximately 582,570 square statute miles (439,910 square nautical miles) of Pacific Ocean waters surrounding the Northwest Hawaiian Islands and the submerged lands thereunder. NOAA proposes to establish the terms of designation for the proposed sanctuary and proposes regulations to implement the designation of the national marine sanctuary. NOAA is also publishing a draft environmental impact statement (DEIS), prepared in coordination with the State of Hawai'i, and a draft management plan (DMP). NOAA is soliciting public comments on the proposed rule, the DEIS and the DMP.
 DATES: NOAA will consider all comments received by May 7, 2024. NOAA will host public meetings and will allow for comments in both English and Hawaiian ('Ōlelo Hawai'i) at the following dates and times: *Meeting #1:*
                             Virtual Meeting—April 6, 2024, 9 a.m.-12 p.m. HST. *Meeting #2:*
                             Honolulu, O'ahu—April 8, 2024, 5 p.m.-8 p.m. HST, Aloha Tower, Multipurpose Room 3, 1 Aloha Tower Drive, Honolulu, Hawai'i 96813. *Meeting #3:*
                             Kāne'ohe, O'ahu—April 9, 2024, 5 p.m.-8 p.m. HST, He'eia State Park, 46-465 Kamehameha Hwy., Kāne'ohe, Hawai'i 96744. *Meeting #4:*
                             Wai'anae, O'ahu—April 10, 2024, 5 p.m.-8 p.m. HST, Wai'anae District Park Gym, 85-601 Farrington Highway, Wai'anae, Hawai'i 96792. *Meeting #5:*
                             Waimea, Kaua'i—April 11, 2024, 5 p.m.-8 p.m. HST, Waimea High School—Cafeteria, 9707 Tsuchiya Rd., Waimea, Hawai'i 96796. *Meeting #6:*
                             Hanalei, Kaua'i—April 12, 2024, 5 p.m.-8 p.m. HST, location address to be determined. *Meeting #7:*
                             Hilo, Hawai'i—April 15, 2024, 5 p.m.-8 p.m. HST, Mokupāpapa Discovery Center, 76 Kamehameha Ave., Hilo, Hawai'i 96720. *Meeting #8:*
                             Kahalu'u Kona, Hawai'iApril 16, 2024, 5 p.m.-8 p.m. HST, Kahalu'u Ma Kai Site—Kamehameha Schools, 78-6780 Ali'i Drive, Kailua-Kona, Hawai'i 96740. *Meeting #9:*
                             Kahului, Maui—April 17, 2024, 5 p.m.-8 p.m. HST, Maui Community College Dining Room, 310 W Ka'ahumanu Avenue, Kahului, Hawai'i 96732. *Meeting #10:*
                             Kaunakakai, Moloka'i—April 18, 2024, 5 p.m.-8 p.m. HST, location address to be determined. Please check the website (
                            *https://sanctuaries.noaa.gov/​papahanaumokuakea/​*) for the most up-to-date information on public meetings, including meeting locations and the virtual meeting link. NOAA may end a virtual or in-person meeting before the time noted above if all participants have concluded their oral comments.
 ADDRESSES: You may submit comments on this document, identified by NOAA-NOS-2021-0114, by any of the following methods: *Electronic Submission:*
                             Submit all electronic comments via the Federal eRulemaking Portal. Go to 
                            *https://www.regulations.gov*
                             and search for docket NOAA-NOS-2021-0114 (
                            *note:*
                             copying and pasting the FDMS Docket Number directly from this document may not yield search results). Click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
                        *Mail:*
                             Send any hard copy public comments by mail to PMNM-Sanctuary Designation, NOAA/ONMS, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
                        *Public Meetings:*
                             Provide oral comments during public meetings, as described under 
                            **DATES**
                            . Details and additional information about how to participate in these public meetings is available at 
                            *https://sanctuaries.noaa.gov/​papahanaumokuakea/​.* *Instructions:*
                             Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NOAA. All comments received are a part of the public record and will generally be posted for public viewing on 
                            *www.regulations.gov*
                             without change. All personal identifying information (for example, name and address) voluntarily submitted by the commenter will be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NOAA will accept anonymous comments (enter N/A in the required fields to remain anonymous). Copies of the proposed rule, the DEIS, DMP, maps of the proposed boundaries, and additional background materials can be downloaded or viewed at 
                            *www.regulations.gov*
                             (search for docket #NOAA-NOS-2021-0114). Copies will also be available at 
                            *https://sanctuaries.noaa.gov/​papahanaumokuakea/​.*
 FOR FURTHER INFORMATION CONTACT: Eric Roberts, Papahānaumokuākea Marine National Monument Superintendent, at 
                            *Eric.Roberts@noaa.gov*
                             or 808-294-7470.


SUPPLEMENTARY INFORMATION: I. Introduction A. Background The National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1431 
                        *et seq.*) authorizes the Secretary of Commerce (Secretary) to designate and protect as national marine sanctuaries areas of the marine environment that are of special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archaeological, educational, or aesthetic qualities. Day-to-day management of national marine sanctuaries has been delegated by the Secretary to NOAA. The primary objective of the NMSA is to protect the resources of the National Marine Sanctuary System. NOAA proposes to designate marine portions of the Papahānaumokuākea Marine National Monument as a national marine sanctuary to provide comprehensive and coordinated management of the marine areas of Papahānaumokuākea to protect nationally significant biological, cultural, and historical resources. The original Papahānaumokuākea Marine National Monument (PMNM, 0-50 nm), and the Monument Expansion Area (MEA, 50-200 nm), (collectively “Monument”), located around the Northwestern Hawaiian Islands, were established under the Antiquities Act of 1906 (54 U.S.C. 320301 
                        *et seq.*) through, respectively, Presidential Proclamation 8031 of June 15, 2006; as amended by Presidential Proclamation 8112 of February 28, 2007; and Presidential Proclamation 9478 of August 26, 2016. The Monument is administered jointly by four Co-Trustees—the Department of Commerce, the Department of the 
                        ( print page 15273)
                        Interior, the State of Hawai'i, and the Office of Hawaiian Affairs. In 2006, former President Bush established PMNM to protect and 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. The Federal land and interests in land reserved included approximately 139,793 square miles of emergent and submerged lands and waters of the Northwestern Hawaiian Islands. NOAA and the United States Fish and Wildlife Service (USFWS) promulgated implementing regulations at 50 CFR part 404 for PMNM. In 2016, Presidential Proclamation 9478 expanded the Monument into an adjacent area—the MEA—which includes the waters and submerged lands to the extent of the seaward limit of the United States Exclusive Economic Zone (U.S. EEZ) west of 163° West Longitude and covers an additional 442,781 square miles. Presidential Proclamation 9478 also directed the Secretary of Commerce to consider initiating the process to designate the MEA and PMNM seaward of the Hawaiian Islands National Wildlife Refuge and Midway Atoll National Wildlife Refuge and Battle of Midway National Memorial as a national marine sanctuary to supplement and complement existing authorities. On December 27, 2020, the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2021, directed NOAA to initiate the process to designate the Monument as a national marine sanctuary. The proposed sanctuary consists of a total area of approximately 582,570 square miles (439,910 square nautical miles). The precise boundary coordinates are defined in appendix A to the regulations at 15 CFR part 922, subpart W. The proposed sanctuary boundary encompasses the submerged lands, seamounts, and Pacific Ocean waters from the shoreline seaward to approximately 200 nautical miles west of 163° West Longitude surrounding the Northwest Hawaiian Islands which consist of the islands, atolls, and emergent lands stretching from Nihoa in the southeast to Kure Atoll in the northwest. The adjoining marine waters east of 163° West Longitude surrounding Nihoa extend seaward from the shoreline to approximately 50 nautical miles. This boundary reflects NOAA's preferred alternative, which is described in the DEIS as Alternative 1. The proposed sanctuary is a place of unique environmental resources that provide large-scale ecosystem services for both the region and the world. The marine habitat includes several interconnected ecosystems, including coral islands surrounded by shallow reef, deeper reef habitat characterized by seamounts, banks, and shoals, mesophotic reefs with extensive algal beds, pelagic waters connected to the greater North Pacific Ocean, and deep-water habitats such as abyssal plains 5,000 meters below sea level. These ecosystems are connected as essential habitats for rare species such as the threatened green turtle and the critically endangered Hawaiian monk seal, as well as over 14 million seabirds that forage in the pelagic waters to nourish the chicks they are raising on the tiny islets. These waters are home to 20 cetacean species protected by the Marine Mammal Protection Act (MMPA), with some listed as endangered under the Endangered Species Act (ESA). The importance of these waters to the Hawaiian humpback whale is only recently becoming understood. At least a quarter of the nearly 7,000 known marine species found in the region are found nowhere else on Earth. The area of the proposed sanctuary is also a sacred place to Native Hawaiians, who regard the islands and wildlife as kūpuna, or ancestors. The region holds deep cosmological and traditional significance for living Native Hawaiian culture. Papahānaumokuākea is as much a spiritual as well as a physical geography, deeply rooted in Native Hawaiian creation and settlement stories. Since Native Hawaiian culture considers nature and culture to be one and the same, the protection of one of the last nearly pristine, natural, marine ecosystems in the archipelago is seen as being akin to preserving the living culture. The area of the proposed sanctuary also includes the location of the Battle of Midway, a turning point in World War II for the allies in the Pacific Theater. Research indicates that there are 60-80 military vessels and hundreds of aircraft on the seafloor. In addition to Navy steamers and aircraft, there are whaling ships, Japanese junks, Hawaiian fishing sampans, Pacific colliers, and other vessels from the 19th and 20th centuries. Of these, the locations of more than 30 vessel wreck sites have been confirmed by diving or bathymetric surveys, with only a handful of those identified by vessel name or otherwise evaluated. B. Purpose and Need for Action The National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1431 
                        *et seq.*) authorizes the Secretary to designate national marine sanctuaries to meet the purposes and policies of the NMSA, including: “to provide authority for comprehensive and coordinated conservation and management of these marine areas, and activities affecting them, in a manner which complements existing regulatory authorities” (16 U.S.C. 1431(b)(2));
                    “to maintain the natural biological communities in the national marine sanctuaries, and to protect, and, where appropriate, restore and enhance natural habitats, populations, and ecological processes” (16 U.S.C. 1431(b)(3));
                    “to enhance public awareness, understanding, appreciation, and wise and sustainable use of the marine environment, and the natural, historical, cultural, and archaeological resources of the National Marine Sanctuary System” (16 U.S.C. 1431(b)(4));
                    “to support, promote, and coordinate scientific research on, and long-term monitoring of, the resources of these marine areas” (16 U.S.C. 1431(b)(5));
                    “to facilitate to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities” (16 U.S.C. 1431(b)(6)); NOAA's proposed action is to designate marine areas of Papaha
                        ̄
                        naumokua
                        ̄
                        kea as a national marine sanctuary. The purpose of this action is to provide comprehensive and coordinated management of the marine areas of Papaha
                        ̄
                        naumokua
                        ̄
                        kea to protect nationally significant biological, cultural, and historical resources. Additionally, the purpose of the designation is to implement the provisions of Executive Order 13178, Presidential Proclamation 9478, and the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2021. Accordingly, NOAA is proposing to designate this area as a national marine sanctuary to: Develop objectives and actions that ensure lasting protection consistent with the existing Monument proclamations;
                    Safeguard natural and cultural values of the marine environment;
                    Apply additional regulatory and non-regulatory tools to augment and strengthen existing protections for Papahā
                        naumokua
                        ̄
                        kea ecosystems, wildlife, and cultural and maritime heritage resources;
                    Authorize NOAA to assess civil penalties for violations of provisions of the NMSA and regulations and permits( print page 15274)
                        issued pursuant to the NMSA (16 U.S.C. 1437(d));
                    Impose liability for destruction, loss of, or injury to sanctuary resources and provide natural resource damage assessment authorities for destruction, loss of, or injury to any sanctuary resource (16 U.S.C. 1443); and
                    Require interagency consultation for any Federal agency action that is likely to destroy, cause the loss of, or injure any sanctuary resource (16 U.S.C. 1434(d)); C. Designation Process 1. Notice of Intent To Designate a National Marine Sanctuary On November 19, 2021, NOAA initiated the process to designate marine portions of the Monument as a national marine sanctuary by publishing a Notice of Intent to Conduct Scoping and to Prepare an Environmental Impact Statement for the Proposed Designation of a National Marine Sanctuary within Papaha
                        ̄
                        naumokua
                        ̄
                        kea Marine National Monument (86 FR 64904). The notice of intent stated that NOAA would prepare a DEIS per the requirements of the National Environmental Policy Act (42 U.S.C. 4321 
                        *et seq.*) and the NMSA. The notice of intent (NOI) also announced NOAA's intent to fulfill its responsibilities under the National Historic Preservation Act (NHPA; 54 U.S.C. 300101 
                        *et seq.*). The State of Hawai'i published its EIS preparation notice on December 8, 2021. Following publication of these notices, NOAA conducted four virtual public scoping meetings. During the 74-day public comment period from November 19, 2021 through January 31, 2022, 73 individuals and organizations provided written input. An estimated 165 people attended the four scoping meetings, with 9 people providing oral comments. The Summary of Scoping Input on the Notice of Intent and EIS Preparation Notice and State of Hawai'i Responses to Public Scoping Comments are included in the DEIS as appendix G. 2. Development of Proposed Terms of Designation and Proposed Regulations Section 304(a)(4) of the NMSA requires that the terms of designation include: (1) the geographic area that is proposed to be included within the sanctuary; (2) the characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or esthetic value; and (3) the types of activities that would be subject to regulation by the Secretary to protect these characteristics. Section 304(a)(4) of the NMSA also specifies that the terms of designation may be modified only by the same procedures by which the original designation was made. The purpose and need for the sanctuary provide the overarching basis for developing the proposed regulations. The designation of the proposed sanctuary would not replace the area's current status as a marine national monument. The proposed rule would supplement the existing provisions for management of the Monument and further protect resources in the Northwest Hawaiian Islands. To draft these regulations, NOAA reviewed the following, which currently guide Monument management: Executive Order 13178—Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, December 4, 2000;
                    Presidential Proclamation 8031—Establishment of the Northwestern Hawaiian Islands Marine National Monument, June 15, 2006;
                    Presidential Proclamation 8112, Amending Proclamation 8031 of June 15, 2006 to Read “Establishment of the Papahā
                        naumokua
                        ̄
                        kea Marine National Monument,” February 29, 2007;
                    Regulations implementing Presidential Proclamations 8031 and 8112 at50 CFR part 404; and
                    Presidential Proclamation 9478—Papahānaumokuākea Marine National Monument Expansion, August 26, 2016. These executive orders, presidential proclamations, and regulations served as benchmarks for drafting the proposed rule for the proposed sanctuary. The proposed rule would only add to, and would not diminish, Monument management measures and protections. NOAA has adopted the management measures from these benchmarks, and, in a few areas, added onto those measures to allow for consistency in regulation and management across the proposed sanctuary. The proposed rule unifies management of the area by removing discrepancies and gaps in prohibitions, regulated activities, and permit criteria, providing clarity and comprehensive protection for the proposed sanctuary. In developing this proposed rule and the proposed sanctuary terms of designation, NOAA also considered: (1) information received through public scoping comments, cooperating agency review, and coordination with the Monument Co-Trustees through the seven-member Monument Management Board (MMB), which consists of NOAA ONMS, NOAA National Marine Fisheries Service, USFWS Ecological Services, USFWS Refuges, Hawai'i Department of Land and Natural Resources (DLNR) Division of Aquatic Resources, DLNR-Division of Forestry and Wildlife, and the Office of Hawaiian Affairs (OHA); and (2) information from analysis of issues in the DEIS, interagency coordination, and internal staff analysis and expertise. NOAA also consulted with the Western Pacific Regional Fishery Management Council as required under the NMSA. A detailed discussion of the proposed rule is contained below in section III, subsections A through M. The proposed terms of designation are contained below in section II, and are incorporated as an annex to the DMP. 3. Development of Draft Management Plan A DMP has been prepared in accordance with NMSA section 304(a)(2)(C). Management plans are site-specific documents that ONMS uses to manage individual sanctuaries. The DMP: (1) articulates the sanctuary's vision, mission, goals, and objectives; (2) describes the management activities and initiatives that NOAA proposes to conduct; and (3) provides strategies and assessment measures to guide the sanctuary's short and mid-range management. The DMP for the sanctuary is included as appendix A to the DEIS. 4. Draft Environmental Impact Statement In accordance with National Environmental Policy Act (NEPA) (42 U.S.C. 4321 
                        *et seq.*), the NMSA, and the Hawai'i Environmental Policy Act (HEPA, Chapter 343 HRS, HAR Chapter 11-200.1), NOAA is releasing a DEIS for the proposed national marine sanctuary designation in conjunction with the publication of this proposed rule. NOAA is the lead Federal agency in the preparation of the environmental impact statement. The USFWS, State of Hawai'i, and the Department of the Navy are cooperating agencies for the NEPA process. The DEIS (
                        *https://sanctuaries.noaa.gov/​papahanaumokuakea/​*) describes the purpose and need for the proposed action of designating a national marine sanctuary, identifies a range of alternatives including the preferred alternative, provides an assessment of resources and uses in the area, and evaluates the potential environmental consequences of the proposed designation including by comparing the beneficial and adverse impacts among alternatives. The DEIS analyzes four alternatives; including a “no action” alternative, in which the area would not be designated as a national marine sanctuary; and three boundary alternatives:
                        ( print page 15275) Alternative 1 is coextensive with the marine portions of the Monument. The boundary includes the marine environment surrounding the Northwestern Hawaiian Islands from the shoreline of the islands and atolls seaward to 200 nautical miles, including all State waters and waters of the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, Midway Atoll and Hawaiian Islands National Wildlife Refuges, and State of Hawai'i Northwestern Hawaiian Islands Marine Refuge. The area encompassed in Alternative 1 is approximately 582,570 square miles (439,910 square nautical miles).
                    Alternative 2 includes the marine environment from the shoreline of the islands and atolls seaward to 50 nautical miles. This alternative includes all State waters and waters of the Reserve, Midway Atoll and Hawaiian Islands National Wildlife Refuges, and State of Hawai'i Northwestern Hawaiian Islands Marine Refuge. This alternative does not include the MEA. The area encompassed in Alternative 2 is approximately 139,782 square miles (105,552 square nautical miles).
                    Alternative 3 has the same boundaries as Alternative 1, excluding waters within the Midway Atoll and Hawaiian Islands National Wildlife Refuges. The area encompassed in Alternative 3 is approximately 581,263 square miles (438,923 square nautical miles). 5. Agency-Preferred Alternative NOAA is identifying Alternative 1 as the agency-preferred alternative (preferred alternative) based on its comparative merits; this alternative serves as the foundation of this proposed rule (section 3.3 of the DEIS presents a map and an additional explanation of the reasons for this selection). NOAA selected its preferred alternative after considering input from the Monument Management Board, the State of Hawai'i, cooperating agencies, and public scoping meetings. Through the analysis in the DEIS, NOAA has found that the preferred alternative would provide numerous beneficial impacts, including increased protection and conservation of resources, and improved coordination of conservation and management. NOAA has also considered the potential adverse impacts of the preferred alternative and anticipates that there would be no significant adverse impacts to biological and physical resources, cultural and historic resources, or socioeconomic resources. NOAA's identification of Alternative 1 as the preferred alternative is based on the need for additional resource protection, scientific research, and public education in areas that would be excluded by selecting the boundaries of Alternatives 2 or 3. Alternative 1 includes the MEA, an area which would benefit from the establishment of a NOAA permitting process, and the promulgation of sanctuary regulations to protect resources. Alternative 1 also includes the waters of Midway Atoll and Hawaiian Islands National Wildlife Refuges National Wildlife Refuges, which are the areas of the proposed sanctuary subject to the highest level of human activity. Based on the public comments NOAA receives on the draft designation documents and NOAA's experience administering the national marine sanctuary program, pursuant to NEPA and the Administrative Procedure Act, NOAA may choose to select a different alternative in the final rule and final EIS that is within the geographic and regulatory scope of the alternatives currently considered in the DEIS, and that is a logical outgrowth of this proposed rule. II. Proposed Sanctuary Terms of Designation Section 304(a)(4) of the NMSA as amended, 16 U.S.C. 1434(a)(4), requires that the terms of designation be described at the time a sanctuary is designated, including: (1) the geographic area proposed to be included within the sanctuary; (2) the characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or aesthetic value; and (3) the types of activities that will be subject to regulation by the Secretary of Commerce to protect these characteristics. The following represents the proposed terms of designation: Under the authority of the National Marine Sanctuaries Act, as amended (the “Act” or “NMSA”), 16 U.S.C. 1431 
                        *et seq.,*
                         approximately 439,910 square nmi (582,570 square mi) of the waters of the Pacific Ocean surrounding the Northwestern Hawaiian Islands are hereby designated as a National Marine Sanctuary for the purpose of providing long-term protection and management of the ecological, cultural, and historical resources and the conservation, recreational, scientific, educational, and aesthetic qualities of the area. Article I: Effect of Designation The NMSA authorizes the issuance of such regulations as are necessary and reasonable to implement the designation, including managing and protecting the ecological, cultural, and historical resources and the conservation, recreational, scientific, educational, and aesthetic qualities of Papahānaumokuākea National Marine Sanctuary (the “Sanctuary”). Section 1 of Article IV of these terms of designation lists those activities that may be regulated on the effective date of designation, or at some later date, in order to protect Sanctuary resources and qualities. Listing an activity does not necessarily mean that it will be regulated. However, if an activity is not listed it may not be regulated, except on an emergency basis, unless section 1 of Article IV is amended by the same procedures by which the original Sanctuary designation was made. Article II: Description of the Area The sanctuary encompasses the submerged lands, seamounts, and Pacific Ocean waters from the shoreline seaward to approximately 200 nautical miles west of 163° West Longitude surrounding the Northwestern Hawaiian Islands which consist of the islands, atolls, and emergent lands stretching from Nihoa in the southeast to Hōlanikū (Kure Atoll) in the northwest. The marine waters east of 163° West Longitude surrounding Nihoa extend seaward from the shoreline to approximately 50 nautical miles. The total area of the sanctuary comprises approximately 582,570 square miles (439,910 square nautical miles). The precise boundary coordinates are defined in appendix A to the regulations at 15 CFR part 922, subpart W. Article III: Special Characteristics of the Area Papahānaumokuākea is a place of special national significance that provides large-scale ecosystem services for the region and the world. The marine habitat includes several interconnected ecosystems, including coral islands surrounded by shallow reef, deeper reef habitat characterized by seamounts, banks, and shoals scattered across the area of the sanctuary, mesophotic reefs with extensive algal beds, pelagic waters connected to the greater North Pacific Ocean, and deep-water habitats and abyssal plains 5,000 meters below sea level. These connected ecosystems provide essential habitats for rare species such as the threatened green sea turtle and the critically endangered Hawaiian monk seal, as well as habitat for more than 14 million seabirds that forage in the pelagic waters to nourish the chicks they are raising on the tiny islets. Papahānaumokuākea is home to 20 cetacean species, protected by the MMPA, with some listed as endangered under the ESA. At least a 
                        ( print page 15276)
                        quarter of the nearly 7,000 known marine species found in the region are found nowhere else on Earth. The area of the proposed sanctuary is also a place of historic and cultural significance. The area of the proposed sanctuary includes the location of the Battle of Midway, a turning point in World War II for the allies in the Pacific Theater. Research indicates that 60-80 military vessels and hundreds of aircraft are scattered across the seafloor. In addition to Navy steamers and aircraft, there are whaling ships, Japanese junks, Hawaiian fishing sampans, Pacific colliers, and other vessels from the 19th and 20th centuries. Papahānaumokuākea is also a sacred place to Native Hawaiians, who regard the islands and wildlife as kūpuna, or ancestors. The region holds deep cosmological and traditional significance to living Native Hawaiian culture and contains a host of intact and significant archaeological sites found on the islands of Nihoa and Mokumanamana, both of which are on the National Register of Historic Places and Hawai'i Register of Historic Places. Papahānaumokuākea is as much a spiritual as a physical geography, rooted deep in Native Hawaiian creation and settlement stories. Article IV: Scope of Regulations Section 1. Activities Subject to Regulation The following activities are subject to regulation, including prohibition, as may be necessary to ensure the protection and effective management of the ecological, cultural, historical, conservation, recreational, scientific, educational, or aesthetic resources or qualities of the area: 1. Access to the sanctuary; 2. Ship reporting; 3. Vessel monitoring; 4. Vessel discharge; 5. Exploring for, developing, or producing oil, gas, or minerals, or any energy development activities; 6. Using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of a sanctuary resource; 7. Introducing or otherwise releasing an introduced species from within or into the sanctuary; 8. Deserting a vessel; 9. Commercial fishing; 10. Non-commercial fishing; 11. Possessing fishing gear; 12. Anchoring on or having a vessel anchored on any living or dead coral with an anchor, anchor chain, or anchor rope; 13. Drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands; 14. 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 sanctuary resource; 15. Attracting any living sanctuary resource; 16. Touching coral, living or dead; 17. Swimming, snorkeling, or closed or open circuit SCUBA diving; or 18. Discharging or depositing any material or other matter, or discharging or depositing any material or other matter outside of the sanctuary that subsequently enters the sanctuary and injures or has the potential to injure any resources of the sanctuary; 19. Anchoring a vessel; 20. Native Hawaiian practices; 21. Research and scientific exploration; 22. Scientific research and development by Federal agencies; 23. Activities that will further the educational value of the sanctuary or will assist in the conservation and management of the sanctuary; and 24. Recreational activities. Listing an activity here means that the Secretary of Commerce can regulate the activity, after complying with all applicable laws, without going through the designation procedures required by paragraphs (a) and (b) of section 304 of the NMSA. No term of designation issued under the authority of the NMSA may take effect in Hawaii State waters within the Sanctuary if the Governor of Hawaii certifies to the Secretary of Commerce that such term of designation is unacceptable within the review period specified in the NMSA. Section 2. Emergencies Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities, including those not listed in section 1, are subject to immediate temporary regulation, including prohibition. Article V: Alteration of This Designation The terms of designation, as defined under section 304(a)(4) of the NMSA, may be modified only by the same procedures by which the original designation is made, including public hearings, consultations with interested Federal, Tribal, State, regional, and local authorities and agencies, review by the appropriate Congressional committees, and approval by the Secretary of Commerce, or his or her designee. III. Summary of Proposed Regulations A. Adding New Subpart W NOAA is proposing to amend 15 CFR part 922 by adding a new subpart (subpart W) that contains site-specific regulations for the proposed sanctuary. This subpart would include the proposed boundary, contain definitions of common terms used in the new subpart, identify prohibited activities and exceptions, and establish procedures for permitting otherwise prohibited activities. B. Proposed Sanctuary Boundary NOAA proposes to designate the marine environment surrounding the Northwestern Hawaiian Islands from the shoreline of the islands and atolls seaward to 200 nautical miles, including all waters of the Monument. NOAA estimates the area encompassed in the proposed designation is approximately 582,570 square miles (439,910 square nautical miles). C. Definitions This proposed rule incorporates and adopts common terms defined in the national regulations at 15 CFR 922.11. In addition, NOAA proposes to include 19 site-specific definitions. To the extent that a term appears in § 922.11 and the definitions section of the proposed rule, the definition in the proposed rule would govern. The definitions for “Bottomfish Species” and “Pelagic Species” are adopted from regulations for Fisheries in the Western Pacific,50 CFR 665.201 and 50 CFR 665.800.
                    “Ecological integrity”, “Midway Atoll Special Management Area”, “Native Hawaiian practices”, “Pono”, “Recreational activity”, “Special Preservation Area (SPA)”, “Stowed and not available for immediate use”, “Sustenance fishing”, and “Vessel monitoring system or VMS”, are adopted from Presidential Proclamation 8031.
                    “Commercial fishing” and “Non-commercial fishing” are adopted from the MSA and, in part, from regulations for Fisheries in the Western Pacific,50 CFR 665.12.
                    “Particularly Sensitive Sea Area (PSSA)” is adopted from IMO Resolution A.982(24), December 1, 2005.
                    “Areas to be avoided (ATBA)” and “Office of Law Enforcement” are adopted from Papahānaumokuākea Marine National Monument regulations,50 CFR 404.3.
                    “Outer Sanctuary Zone (OSZ)” refers to the area of the sanctuary that would extend from approximately 50( print page 15277)
                        nautical miles from all the islands and emergent lands of the Northwestern Hawaiian Islands to the extent of the seaward limit of the United States Exclusive Economic Zone west of 163° West Longitude. This area of the proposed sanctuary would correspond with the area designated as a marine national monument by Presidential Proclamation 9478, referred to as the “Papahānaumokuākea Marine National Monument Expansion” or MEA. NOAA is proposing this definition to provide clarity to the public where there is a regulation that only applies to this area of the sanctuary, and not the entire sanctuary. The name “OSZ” is a placeholder, and NOAA is soliciting public comment on possible names for this area of the proposed sanctuary.
                    “Reporting Area” refers to the area of the proposed sanctuary that extends outward ten nautical miles from the PSSA boundary, as designated by the IMO, and excludes the ATBAs that fall within the PSSA boundary. The reporting area is defined by the coordinates set forth in appendix E to the proposed rule. NOAA is proposing to define the “reporting area” to clarify in which areas of the proposed sanctuary ship reporting requirements apply.
                    “Scientific instrument” is a term used in Presidential Proclamation 9478, but the term was not defined. Specifically, Presidential Proclamation 9478 prohibits “drilling into, dredging, or otherwise altering the submerged lands, or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands, except for scientific instruments”. NOAA proposes to define “scientific instrument” to clarify what may or may not be permitted. NOAA proposes to define “scientific instrument” to mean “a device, vehicle, or tool used for scientific purposes and is inclusive of structures, materials, or other matter incidental to proper use of such device, vehicle, or tool.” In defining “scientific instruments,” NOAA's definition provides for the inclusion of “structures, materials, or other matter incidental to proper use of such device, vehicle, or tool” because, based on the type of activities previously permitted in the Monument, proper deployment and use of most scientific instruments requires more than the instrument itself. For example, there may be incidental ballast discharge associated with the use of a scientific instrument like a remotely operated vehicle, or ROV. A narrower definition of “scientific instruments” could unduly restrict NOAA's ability to permit activities in the area of the proposed sanctuary that overlaps with the MEA, the OSZ. NOAA believes a narrower definition would be inconsistent with the intent of Presidential Proclamation 9478, which states “Undisturbed seamount communities in the adjacent area are of significant scientific interest because they provide opportunities to examine the impacts of physical, biological, and geological processes on ecosystem diversity, including understanding the impacts of climate change on these deep-sea communities. These seamounts and ridges also provide the opportunity for identification and discovery of many species not yet known to humans, with possible implications for research, medicine, and other important uses. Recent scientific research, utilizing new technology, has shown that many species identified as objects in Proclamation 8031 inhabit previously unknown geographical ranges that span beyond the existing Monument, and in some cases the adjacent area also provides important foraging habitat for these species.” These statements clearly demonstrate the significant scientific value of the MEA and underscore the opportunities for research and discovery to occur in that area of the proposed sanctuary. D. Co-Management of the Sanctuary To enhance opportunities and build on existing protections, NOAA and the State of Hawai'i would collaboratively manage the sanctuary. NOAA would establish the framework for co-management in section 922.242 of the proposed rule and may develop a Memorandum of Agreement (MOA) with the State of Hawai'i to provide greater details of the terms of co-management. NOAA and the State may develop additional agreements as necessary to provide details on the execution of sanctuary management, such as activities, programs, and permitting that can be updated to adapt to changing conditions or threats to the sanctuary resources. Any proposed changes to sanctuary regulations or boundaries would be coordinated with the State and subject to public review as mandated by the NMSA and other Federal statutes. Co-management of the proposed sanctuary with the State of Hawaii would not supplant the existing co-management structure for the Monument. E. Access In PMNM, pursuant to Presidential Proclamation 8031, access is prohibited except under the following circumstances: (1) for emergency response and law enforcement purposes; (2) for activities and exercises of the Armed Forces; (3) for persons who have been issued Monument permits; and (4) for passage without interruption. For consistency, and to protect sanctuary resources, NOAA proposes extending the access restrictions which apply to the area of the proposed sanctuary that overlaps the PMNM to the area of the proposed sanctuary that overlaps with the MEA as follows: Access to the sanctuary would be prohibited and thus unlawful except under the following circumstances: (1) for emergency response actions, law enforcement activities, and activities and exercises of the Armed Forces; (2) pursuant to a sanctuary permit; (3) when conducting non-commercial fishing activities in the OSZ authorized under the Magnuson-Stevens Fishery Conservation and Management Act provided that no sale of harvested fish occurs; and (4) when passing through the sanctuary without interruption. A vessel may pass without interruption through the sanctuary without requiring a permit as long as the vessel does not stop, anchor or engage in prohibited activities within the sanctuary, and vessel discharges are limited to the following: Vessel engine cooling water, weather deck runoff, and vessel engine exhaust within a Special Preservation Areas or the Midway Atoll Special Management Area; and
                    Discharge incidental to vessel operations such as deck wash, approved marine sanitation device effluent, cooling water, and engine exhaust in areas other than Special Preservation Areas or the Midway Atoll Special Management Area. A vessel passing through the sanctuary without interruption may be subject to the ship reporting system, as described below. The proposed access restrictions would be applied in accordance with generally recognized principles of international law, in accordance with sections 305(a) and 307(k) of the NMSA and the NMSA's Regulations of General Applicability at 15 CFR 922.1(b). No regulation shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States vessels unless in accordance with generally recognized principles of international law. F. Ship Reporting NOAA also proposes regulations to implement the ship reporting system (CORAL SHIPREP) adopted by the International Maritime Organization (IMO), which would require entrance and exit notifications for vessels that 
                        ( print page 15278)
                        pass without interruption through the sanctuary areas contained within a reporting area. NOAA proposes to establish this reporting area, which would be defined as “the area of the proposed sanctuary that extends outward ten nautical miles from the PSSA [Particularly Sensitive Sea Area] boundary, as designated by the IMO, and excludes the ATBAs [Areas to be avoided] that fall within the PSSA boundary.” The reporting area would be further defined by the coordinates set forth in appendix E to the proposed rule. Appendix E includes a coordinates table for the “Reporting Area Outer Boundary,” which contains the reporting area's boundary surrounding the PSSA. Appendix E also includes coordinate tables for the “Inner Reporting Area Boundary” for each of the four ATBAs that fall within the PSSA, but which are not part of the reporting area. NOAA proposes exemptions for emergency response and law enforcement purposes, and for activities and exercises of the Armed Forces. Therefore, CORAL SHIPREP's requirements would not apply to vessels covered by those exemptions. The proposed regulations do not apply to vessels conducting activities pursuant to a sanctuary permit or vessels conducting non-commercial fishing activities in the OSZ authorized under the Magnuson-Stevens Fishery Conservation and Management Act. The proposed regulations also do not apply to sovereign immune vessels. This is consistent with sections 305(a) and 307(k) of the NMSA, and the NMSA's Regulations of General Applicability at 15 CFR 922.1(b), which state that sanctuary regulations shall be applied in accordance with generally recognized principles of international law. No regulation shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States vessels unless in accordance with generally recognized principles of international law. Requiring vessels to notify NOAA immediately upon entering the reporting area, will help make the operators of these vessels aware that they are traveling through a fragile area with potential navigational hazards such as the extensive coral reefs found in many shallow areas of the proposed sanctuary contained within the reporting area. The reporting area for the proposed sanctuary would not include the four voluntary ATBAs adopted by the IMO that are also within the PSSA. An ATBA is an area within which either navigation is particularly hazardous or it is exceptionally important to avoid casualties. While ATBAs can be mandatory (
                        *i.e.,*
                         vessels are required by applicable law to avoid and operate outside of the area) most are voluntary and vessels may travel through them. Because the four ATBAs in the PSSA are voluntary, as adopted by the IMO and implemented by these proposed regulations, the ATBAs are outside of the reporting area. Nonetheless, by virtue of entering or exiting an ATBA, vessels would also be departing or entering the reporting area, and, therefore be subject to the reporting area's requirements four times: (1) once when it enters the reporting area; (2) once when it leaves the reporting area to enter the ATBA; (3) once when it exits the ATBA and enters the reporting area on the other side of the ATBA; and (4) once when it once again leaves the reporting area. The potential burden of reporting four times is justified by the navigational hazards that exist within the ATBAs. The reporting area also includes three large areas within the PSSA that are not within the ATBAs. These breaks between the four ATBAs allow for north-south passages through the sanctuary areas contained within the reporting area that can be utilized for navigation to avoid ATBAs. Vessels passing through the sanctuary in these areas would only send email notification twice: once upon entering the reporting area, and again upon leaving the reporting area. NOAA is proposing to implement CORAL SHIPREP's requirements under the NMSA in keeping with the United States' and IMO's long-standing interest in providing additional protection to the natural, cultural, and historic resources in PMNM through ship reporting requirements. In June 2006, Presidential Proclamation 8031 directed the Secretary of Commerce and Secretary of Interior to require notification from any person passing through PMNM without interruption at least 72 hours, but no longer than 1 month, prior to the entry date, and within 12 hours of departure. Presidential Proclamation 8031 further indicated the specific types of information that must be provided in the notification. These notification requirements were subsequently codified in 50 CFR 404.4. Presidential Proclamation 8031 also directed the Secretary of State, in consultation with the Secretary of Commerce and Secretary of Interior, to seek the cooperation of other governments and international organizations in furtherance of the purposes of the proclamation and consistent with applicable regional and multilateral arrangements for the protection and management of special marine areas. In accordance with Proclamation 8031, in April 2007, the United States proposed to the IMO that PMNM be designated as a PSSA to protect the attributes of the fragile and integrated coral reef ecosystem from potential hazards associated with international shipping activities. The U.S. noted in its proposal that the proposed PSSA and its associated protective measures would result in a minimal burden to international shipping, would significantly further increase maritime safety, protection of the fragile environment, preservation of cultural resources and areas of cultural importance significant to Native Hawaiians, and would facilitate responses to developing maritime emergencies. On April 3, 2008, the IMO designated the PMNM as a PSSA. As part of the PSSA designation process, the IMO adopted U.S. proposals for associated protective measures consisting of expanding and consolidating the six existing recommendatory ATBAs in the PMNM into four larger areas and enlarging the class of vessels to which they apply and establishing a ship reporting area and system for vessels transiting the PMNM, which is mandatory for ships 300 gross tons or greater that are entering or departing a U.S. port or place and recommended for other ships. The system requires that ships notify the U.S. shore-based authority (
                        *i.e.,*
                         the U.S. Coast Guard; NOAA will be receiving all messages associated with this program on behalf of the Coast Guard) at the time they begin transiting the reporting area and again when they exit. In December 2008, NOAA and the USFWS published final regulations to establish a ship reporting system for PMNM, that implemented measures adopted by the IMO requiring notification by ships passing through PMNM without interruption (73 FR 73592). These regulations modified the previous notification requirements at 50 CFR 404.4. NOAA is proposing to implement the ship reporting system as adopted by the IMO and to establish the reporting area using the boundary coordinates in appendix E to the proposed rule to provide additional protection to the natural, cultural, and historic resources in the proposed sanctuary. Accordingly, NOAA's proposed regulations build upon the requirements outlined in Presidential Proclamation 8031, and reflect additions made through the IMO's adoption of a ship reporting system and the implementation of that system in 50 CFR 404.4. NOAA 
                        ( print page 15279)
                        proposes minor language changes from the process adopted by IMO Resolution MEPC.171(57) and IMO Resolution MSC.279(85) to provide clarity to the public on which vessels are required to participate in ship reporting and the type of information that should be reported. NOAA proposes one substantive addition to the types of reporting information in the IMO Resolutions, that vessels report “[a]ny pollution incident or goods lost overboard within the PSSA, the reporting area, or the U.S. EEZ.” This addition was included in the December 2008 final regulations to establish a ship reporting system for PMNM. The NMSA provides NOAA with the authority to designate a national marine sanctuary and promulgate regulations implementing the designation if NOAA determines, among other things, that the area is of special national significance (see 16 U.S.C. 1433(a)(2)). NOAA's determination of special national significance is to be based on (1) the area's conservation, recreational, ecological, historical, scientific, cultural, archaeological, educational, or aesthetic qualities; (2) the communities of living marine resources it harbors; or (3) its resource or human-use values. In designating PMNM as a PSSA, the IMO expressly recognized the ecological, socio-economic, and scientific attributes of the area—including, a “unique, fragile, and pristine coral reef ecosystem” and “significant cultural and archaeological resources”—and their vulnerability to international shipping activities (see IMO Resolution MEPC.171(57)). The IMO highlighted PMNM's (1) more than 7,000 species of fish, mammals, plants, coral, and other invertebrates; (2) critical habitat, spawning, and breeding grounds; (3) cultural significance to Native Hawaiians, rich underwater cultural heritage from the World War II Battle of Midway; and (4) unparalleled opportunities in scientific research. Given the IMO's findings in designating the PSSA and adopting a ship reporting system as an associated protective measure, NOAA's proposed regulations implementing CORAL SHIPREP are necessary and reasonable to conserve and manage this area of special national and international significance as part of the proposed sanctuary (see 16 U.S.C. 1434(a)(1)(A)). G. Activities That Are Prohibited or Otherwise Regulated NOAA is proposing to supplement and complement existing management of this area by proposing prohibited or otherwise regulated activities in section 922.244. Presidential Proclamations 8031, 8112, and 9478, and regulations implementing Presidential Proclamations 8031 and 8112 at 50 CFR part 404 provide the foundation for the proposed prohibitions. However, minor changes are made in the proposed rule to remove discrepancies and gaps in prohibitions and regulated activities between PMNM and the MEA in order to allow for consistency in management across the proposed sanctuary. Within PMNM, the proposed prohibitions are all currently in place through 50 CFR part 404 except for prohibitions 1 and 4 (detailed below). Minor changes are proposed to prohibitions 1 and 4 to remove discrepancies across the two zones (PMNM and MEA). Regulations implementing Presidential Proclamation 9478 have not yet been promulgated for the MEA. Many of the prohibitions adopted in the proposed rule are identified in Presidential Proclamation 9478, which established the MEA. Any prohibitions proposed for the area of the proposed sanctuary that overlaps with the MEA that are not adopted directly from Presidential Proclamation 9478 are identified below. 1. Prohibition on Exploring for, Developing, or Producing Oil, Gas, or Minerals, or Any Energy Development Activities Consistent with the presidential proclamations establishing the Monument, NOAA is proposing to prohibit exploring for, developing, or producing oil, gas, or minerals to protect sanctuary resources and create a seamless management area throughout the proposed sanctuary. The addition of the prohibition on `any energy development activities' would be new for PMNM, and was added to further the underlying intent of the prohibition on oil, gas, and mineral development by accounting for technological advances in other forms of energy development. In addition to creating consistency across the two zones, this prohibition will help advance the proposed sanctuary's draft goals and objectives by protecting sensitive marine ecosystems such as fragile coral reefs and deep-sea corals, benthic habitat, and seamounts. Prohibiting oil, gas, and mineral development reduces the risk of offshore spills, such as the Deepwater Horizon oil spill, that could significantly harm sanctuary resources. Deep seabed mining, oil and gas drilling, and other energy development activities, such as renewable energy system installation, destroys fragile benthic habitat, releases sequestered carbon, and spreads sediment plumes that can suffocate both sensitive shallow and deep-sea coral reefs, which negatively impacts nursery and foraging habitat for fish, and reduces the ecosystem's overall resilience. 2. Prohibition on Using or Attempting To Use Poisons, Electrical Charges, or Explosives in the Collection or Harvest of a Sanctuary Resource NOAA is proposing this prohibition to be consistent with prohibitions identified in the presidential proclamations establishing the Monument. 3. Prohibition on Introducing or Otherwise Releasing an Introduced Species From Within or Into the Sanctuary NOAA is proposing this prohibition to be consistent with prohibitions identified in the presidential proclamations establishing the Monument. 4. Prohibition on Deserting a Vessel Deserting a vessel is currently a regulated activity (allowed only with a permit) in PMNM pursuant to Presidential Proclamation 8031. Deserting a vessel is a prohibited activity in the MEA pursuant to Presidential Proclamation 9478. NOAA does not see a need to permit this activity and is proposing this prohibition in part to create consistency in management across the proposed sanctuary. Prohibiting this activity would help to prevent desertion of a vessel following a sinking, grounding, or other incident. Prevention is much less expensive than responding to a deserted vessel and can optimally prevent impacts and damage to sanctuary resources as well as to private property. 5. Prohibition on Anchoring on or Having a Vessel Anchored on Any Living or Dead Coral With an Anchor, Anchor Chain, or Anchor Rope NOAA is proposing this prohibition to be consistent with prohibitions identified in the presidential proclamations establishing the Monument. 6. Prohibition on Commercial Fishing and Possessing Commercial Fishing Gear Except When Stowed and Not Available for Immediate Use Presidential Proclamation 8031 provided that commercial fishing for bottomfish and pelagic fish in PMNM that was permitted by NOAA prior to June 16, 2006 was allowed to continue for 5 years from the date of the proclamation, until June 15, 2011. After that date, Presidential Proclamation 8031 prohibited commercial fishing for 
                        ( print page 15280)
                        bottomfish and associated pelagic species in PMNM. Presidential Proclamation 9478 also prohibits commercial fishing, as well as possessing commercial fishing gear except when stowed and not available for immediate use during passage without interruption in the MEA. NOAA is proposing a sanctuary-wide prohibition on commercial fishing and possessing commercial fishing gear except when stowed and not available for immediate use to be consistent with the presidential proclamations establishing the Monument. 7. Prohibition on Non-Commercial Fishing and Possessing Non-Commercial Fishing Gear Except When Stowed and Not Available for Immediate Use The presidential proclamations establishing the Monument broadly restrict the harvest of fishery resources by prohibiting removing, moving, taking, harvesting, possessing, injuring, disturbing, or damaging any living or nonliving monument resource, as well as attempts to do the same, except as may be allowed with a permit. As noted above, Presidential Proclamations 8031 and 9478 further specify prohibitions on commercial fishing and the possession of commercial fishing gear. The presidential proclamations also identify certain types of non-commercial fishing that may be regulated (
                        *i.e.,*
                         allowed pursuant to a permit or incidental to a permitted activity). Presidential Proclamation 8031, for example, authorizes sustenance fishing incidental to an activity permitted in PMNM. Presidential Proclamation 9478, for example, provides that non-commercial fishing is a regulated activity (
                        *i.e.,*
                         allowed only with a permit) in the MEA. In the sanctuary, NOAA is proposing, for consistency with the proclamations, that “non-commercial fishing” is prohibited unless conducted pursuant to a sanctuary permit or, as discussed below, authorized under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) in the OSZ. The proposed rule adopts the definition of “non-commercial fishing” from the regulations for Fisheries in the Western Pacific, which is defined as “fishing that does not meet the definition of commercial fishing in the Magnuson-Stevens Fishery Conservation and Management Act, and includes, but is not limited to, sustenance, subsistence, traditional indigenous, and recreational fishing.” 50 CFR 665.12. NOAA also proposes that “possessing non-commercial fishing gear except when stowed and not available for immediate use” is prohibited unless conducted pursuant to a sanctuary permit or, as discussed below, authorized under the MSA in the OSZ. Presidential Proclamation 8031 includes “possessing fishing gear,” as a regulated activity (allowed only with a permit) in PMNM. Presidential Proclamation 9478 prohibits possessing commercial fishing gear. NOAA's proposal creates continuity between the two areas, and aims to ensure that non-commercial gear is not utilized in an unauthorized manner that could lead to injury to sanctuary resources. 8. Prohibition on Drilling Into, Dredging, or Otherwise Altering the Submerged Lands; or Constructing, Placing, or Abandoning Any Structure, Material, or Other Matter on the Submerged Lands This activity is a regulated activity (
                        *i.e.,*
                         allowed only with a permit) in PMNM under Presidential Proclamation 8031. In the MEA, Presidential Proclamation 9478 prohibits this type of activity, except for when conducted for the use of scientific instruments, which is allowed only with a permit, subject to such terms and conditions as the Secretaries deem appropriate. In the sanctuary, NOAA is proposing that these activities are prohibited unless conducted pursuant to a sanctuary permit. In the OSZ, such a permit may only be issued for scientific instruments. 9. Prohibition on 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 Sanctuary Resource NOAA is proposing that these activities are prohibited unless conducted pursuant to a sanctuary permit, consistent with the presidential proclamations establishing the Monument. 10. Prohibition on Attracting Any Living Sanctuary Resource NOAA is proposing that these activities are prohibited unless conducted pursuant to a sanctuary permit. NOAA is proposing this prohibition to be consistent with a regulated activity identified in Presidential Proclamation 8031 for PMNM. This prohibition would be new in the area of sanctuary that overlaps with the MEA, the OSZ. Prohibiting this activity is intended to address the potential for harassment and disturbance from human interactions with living sanctuary resources. 11. Prohibition on Touching Coral, Living or Dead NOAA is proposing that this activity is prohibited unless conducted pursuant to a sanctuary permit. NOAA is proposing this prohibition to be consistent with a regulated activity (
                        *i.e.,*
                         allowed only with a permit) identified in Presidential Proclamation 8031 for PMNM. This prohibition would be new for the area of sanctuary that overlaps with the MEA, the OSZ. However, prohibition 9 effectively includes this activity, as touching coral is considered a disturbance which may cause injury or damage. Therefore, regulating this activity for the area of the proposed sanctuary that overlaps with the MEA, the OSZ, is primarily a technical addition which provides clarity to the public and resource managers. 12. Prohibition on Swimming, Snorkeling, or Closed or Open Circuit SCUBA Diving NOAA is proposing that these activities are prohibited unless conducted pursuant to a sanctuary permit. NOAA is proposing this prohibition to be consistent with a regulated activity identified in Presidential Proclamation 8031 for any Special Preservation Area or the Midway Atoll Special Management Area. This prohibition would be new for areas of PMNM that fall outside of any Special Preservation Area or the Midway Atoll Special Management Area, and for the MEA. Expanding this regulated activity to the entire area of the proposed sanctuary allows NOAA to ensure that all in-water activities are done in compliance with the permit findings criteria and requirements, and are consistent with the care and management of sanctuary resources. 13. Prohibition on Discharging or Depositing Any Material or Other Matter Into the Sanctuary, or Discharging or Depositing Any Material or Other Matter Outside of the Sanctuary That Subsequently Enters the Sanctuary and Injures or Has the Potential To Injure Any Resources of the Sanctuary, Except as Described for Vessel Passage Without Interruption NOAA is proposing that these activities are prohibited unless conducted pursuant to a sanctuary permit. NOAA is proposing this prohibition to be consistent with regulated activities identified in Presidential Proclamation 8031 for PMNM. NOAA proposes an exception to this activity for vessel passage without interruption, so long as any discharge is limited to “vessel engine cooling water, 
                        ( print page 15281)
                        weather deck runoff, and vessel engine exhaust within Special Preservation Areas or the Midway Atoll Special Management Area; and discharge incidental to vessel operations such as deck wash, approved marine sanitation device effluent, cooling water, and engine exhaust in areas other than Special Preservation Areas or the Midway Atoll Special Management Area.” While this prohibition would technically be new for the area of the proposed sanctuary that overlaps with the MEA, the OSZ, Presidential Proclamation 9478 effectively includes this activity. Regulating this activity for the OSZ provides clarity to the public and resource managers. Further, the prohibition on discharges within or into the sanctuary is proposed in recognition that various substances can be discharged from vessels or from infrastructure or individuals along the shoreline that can harm sanctuary resources or qualities. Establishing a cohesive regulatory framework across the proposed sanctuary would benefit sanctuary resources and sanctuary users. 14. Prohibition on Anchoring a Vessel NOAA is proposing that this activity is prohibited unless conducted pursuant to a sanctuary permit. While this activity may be permitted via a sanctuary permit, anchoring on living or dead coral may never be permitted, as noted above under prohibition 5. NOAA is proposing this prohibition on anchoring a vessel, for consistency with a regulated activity identified in Presidential Proclamation 8031 for PMNM and because there is the potential for sanctuary resources, other than corals, to be impacted by anchoring. This prohibition would be new for the area of the proposed sanctuary that overlaps with the MEA, the OSZ. As stated above in Section E, NOAA proposes that a vessel may pass through the sanctuary without requiring a permit as long as the vessel does not stop, anchor or engage in prohibited activities within the sanctuary. Therefore, including this prohibition on anchoring a vessel also provides clarity to the public, resource managers, and enforcement personnel that all users of the proposed sanctuary—vessels conducting passage without interruption and permittees—are subject to the same prohibition on anchoring a vessel unless conducted pursuant to a sanctuary permit. H. Exemptions for Emergencies Consistent with existing management of this area, the proposed prohibitions for the proposed sanctuary would not apply to any activity necessary to respond to emergencies that threaten life, property, or the environment, or to activities necessary for law enforcement purposes. I. U.S. Armed Forces Exemption Consistent with existing management of this area, NOAA proposes a broad exemption to allow activities and exercises of the U.S. Armed Forces, including those carried out by the U.S. Coast Guard. NOAA recognizes that this broad exemption is necessary to ensure military readiness for the Department of Defense to conduct existing training, operations, and military readiness activities in the area proposed to be designated as a national marine sanctuary. The United States military has been able to maintain readiness and conduct training and other operations in other national marine sanctuaries based on similar broad exemptions. 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 sanctuary resources and qualities. For any actions of the Armed Forces that are likely to destroy, cause the loss of, or injure sanctuary resources, the Armed Forces must comply with the Interagency Cooperation requirements outlined in section 304(d) of the NMSA, regardless of whether those actions are exempted from the proposed sanctuary's prohibitions. J. Exemption for Non-Commercial Fishing NOAA is proposing to exempt non-commercial fishing authorized under the MSA in the area of the sanctuary that overlaps with the MEA, the OSZ, from prohibitions 7 through 14 in the proposed rule, provided that no sale of harvested fish occurs. NOAA has prepared a separate proposed rule under the MSA which shall serve as the primary mechanism for authorizing non-commercial fishing activities. NOAA would periodically evaluate the effect of non-commercial fishing activities on sanctuary resources. Such evaluations would take into consideration the best scientific information available and evaluate whether additional actions are necessary for the proper care and management of Sanctuary resources, including fishery resources, consistent with goals and objectives of the Sanctuary. This exemption would only apply to the OSZ. K. Sanctuary Permit Procedures and Criteria 1. Sanctuary General Permits NOAA is proposing to include authority to issue sanctuary general permits to allow certain activities that would otherwise violate prohibitions 7 through 14. The proposed permitting system is modeled after the existing Monument permitting system. The proposed permitting system would not supplant the joint permitting system for PMNM, and was developed to ensure a continued joint permitting system administered by Monument co-managers. NOAA may develop Memorandum of Agreements in the future to add further clarification on joint-permitting within portions of the sanctuary that overlap with existing permitting programs for the Monument. National marine sanctuary program-wide regulations at 15 CFR 922.30 describe different purposes for which a sanctuary general permit can be issued. Three of these which would apply to this proposed sanctuary are: Research—activities that constitute scientific research or scientific monitoring of a national marine sanctuary resource or quality;
                    Education—activities that enhance public awareness, understanding, or appreciation of a national marine sanctuary or national marine sanctuary resource or quality; and
                    Management—activities that assist in managing a national marine sanctuary. NOAA is proposing to add two additional permit categories to 15 CFR 922.30 under which a sanctuary general permit could be issued in the proposed sanctuary: Native Hawaiian Practices*—*
                        activities that allow for Native Hawaiian practices within the proposed sanctuary; and
                    Recreation*—*
                        recreational activities within the proposed sanctuary limited to the Midway Atoll Special Management Area. NOAA is proposing these two additional general permit categories to be consistent with the types of activities permitted for the PMNM. The general regulations in 15 CFR part 922, subpart D, relating to the permit application process, review procedures, amendments, and other permitting stipulations would apply. These national permitting regulations include a list of factors NOAA considers in deciding whether or not to issue the permit, such as whether the activity must be conducted within the sanctuary, and whether the activity will be compatible with the primary 
                        ( print page 15282)
                        objective of protection of sanctuary resources and qualities. NOAA would be able to impose specific terms and conditions through a permit as appropriate. In addition to permit review procedures and evaluation criteria in 15 CFR 922.33, some additional permit review criteria would apply in the proposed sanctuary, including additional criteria specific to Native Hawaiian Practices permits and Recreation permits. NOAA is proposing these additional permit criteria to be consistent with the permit criteria for PMNM. 2. Special Use Permits NOAA has the authority to issue special use permits (SUPs) in national marine sanctuaries, as established by section 310 of the NMSA (16 U.S.C. 1441) and by 15 CFR 922 subpart D. SUPs can be used to authorize specific activities in a sanctuary if such authorization is necessary to establish conditions of access to, and use of, any sanctuary resource or to promote public use and understanding of a sanctuary resource. Section 310 of the NMSA establishes four requirements for SUPs: (1) activities must be compatible with the purposes for which the sanctuary is designated and with protection of sanctuary resources; (2) SUPs shall not authorize the conduct of any activity for a period of more than five years unless otherwise renewed; (3) activities carried out under the SUP must be conducted in a manner that does not destroy, cause the loss of, or injure sanctuary resources; and (4) permittees are required to purchase and maintain comprehensive general liability insurance, or post an equivalent bond, against claims arising out of activities conducted under the SUP and to agree to hold the United States harmless against such claims. The NMSA authorizes NOAA to assess and collect fees for the conduct of any activity under an SUP, including costs incurred, or expected to be incurred, in issuing the permit and the fair market value use of sanctuary resources. Implementing regulations at 15 CFR 922.35 provide additional detail on assessment of fees for SUPs. As is the case with sanctuary general permits, NOAA can place conditions on SUPs specific to the activity being permitted. NOAA shall provide appropriate public notice before identifying any category of activity subject to a special use permit. NOAA is not proposing any new SUP category as part of this designation. In evaluating applications for special use permits, NOAA would consider all applicable permitting requirements, including permitting procedures and criteria under the Monument's existing management framework. For example, certain activities may be subject to the requirements of special ocean use permits, as authorized by Presidential Proclamation 8031, and issued by Monument managers in the PMNM via 40 CFR 404.11. Special ocean use permit requirements were modeled after SUPs, but also include a few additional requirements, such as for activities within the Midway Atoll Special Management Area. 3. Sustenance Fishing NOAA may authorize sustenance fishing outside of any Special Preservation Area as a term or condition of any sanctuary permit. Sustenance fishing is fishing for bottomfish or pelagic species in which all catch is consumed within the sanctuary. Sustenance Fishing is allowed incidental to an activity permitted in the PMNM under Presidential Proclamation 8031, and in regulations at 50 CFR part 404. Sustenance fishing was not specifically identified in Presidential Proclamation 9478 governing the MEA but is allowable. For consistency in management and permitting, NOAA proposes allowing for this activity as a term or condition of a general permit or special use permit. 4. VMS To complement existing management and provide consistency across the entirety of the sanctuary, an owner or operator of a vessel that has been issued a general permit or special use permit under 15 CFR subpart D must ensure that such vessel has a NOAA Office of Law Enforcement (OLE)-approved Vessel Monitoring System (VMS) on board when operating within the sanctuary. Presidential Proclamation 8031 requires an owner or operator of a vessel that has been issued a permit for accessing the PMNM to have an OLE-approved VMS on board. Such a requirement was not included in Presidential Proclamation 9478. For consistency in permitting, and for the reasons identified below, NOAA proposes to impose this requirement across the proposed sanctuary. NOAA proposes this requirement to support permit compliance, enforcement, and other incidental uses, consistent with the long-standing history of considering and implementing the use of vessel monitoring systems in the area of the proposed sanctuary, beginning with Executive Order 13178 in 2000. In directing the Secretary to manage the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, section 5(b) of Executive Order 13178 indicated that priority issues and actions must include enforcement and surveillance, including the use of new technologies, as well as the use of vessel monitoring systems, if warranted. The 2005 Final Reserve Operations Plan included an Enforcement Action Plan with strategies to investigate innovative technology that would be effective for this large, remote area, as well as to implement VMS. In 2006, Presidential Proclamation 8031, as noted above, required an OLE-approved VMS on board of vessels with permits to access the PMNM. VMS is currently being utilized in the PMNM and is part of the Monument Management Plan's Enforcement Action Plan. The Monument Management Plan highlights, as an example, that when the 85-foot longliner 
                        *Swordman I,*
                         carrying more than 6,000 gallons of diesel fuel and hydraulic oil, ran aground at Pearl and Hermes Reef in 2000, vessel monitoring system technology allowed agents to track the disaster and quickly send out equipment for an extensive cleanup. L. Scientific Exploration and Research by the Department of Commerce and the Department of the Interior Presidential Proclamation 9478 stipulates that the prohibitions required by the proclamation “shall not restrict scientific exploration or research activities by or for the Secretaries and nothing in this proclamation shall be construed to require a permit or other authorization from the other Secretary for their respective scientific activities.” NOAA is proposing to exempt these activities within the OSZ to be consistent with Presidential Proclamation 9478. M. Other Conforming Amendments The Regulations of General Applicability at 15 CFR part 922, subpart A, and the regulations related to National Marine Sanctuary Permitting, 15 CFR part 922, subpart D, would have to be amended so that the regulations are accurate and up-to-date. The modified sections to conform to adding a new sanctuary are as follows: Section 922.1 Purposes and applicability of the regulations;
                    Section 922.4 Boundaries;
                    Section 922.6 Prohibited or otherwise regulated activities;
                    922.30 National Marine Sanctuary general permits;
                    922.33 Review procedures and evaluation; and
                    922.37 Appeals of permitting decisions.( print page 15283) IV. Requests for Comments NOAA is requesting comments on this proposed rule, including comments on the terms of designation and the proposed regulations, the DEIS, and the DMP for the proposed sanctuary. NOAA will publish the final EIS and final management plan following public review and comment on this proposed rule and following NOAA's consideration of substantive comments received. NOAA also requests comments on the Regulatory Flexibility Act certification and economic analysis. The preamble of the final rule will include responses to substantive comments received on the proposed rule. The full response to comments, which includes responses to comments made on the proposed rule, the DEIS, and the draft management plan, will be provided as an Appendix to the Final EIS. Sensitive personally identifiable information, such as account numbers and Social Security numbers, should not be included with the comment. Comments that are not related to designation of the proposed sanctuary or that contain profanity, vulgarity, threats, or other inappropriate language will not be considered. V. Classification A. National Marine Sanctuaries Act NOAA consulted with the Western Pacific Regional Fishery Management Council (Council) as required by section 304(a)(5) of the NMSA. Through this consultation, NOAA provided the Council with the opportunity to recommend any draft fishing regulations it deemed necessary to implement the proposed sanctuary designation. NOAA initiated the consultation on November 19, 2021. On March 22, 2022, the Council agreed to develop draft fishing regulations for the proposed sanctuary. NOAA participated in six public meetings hosted by the Council on November 1st, 3rd, 4th, 5th, 8th, and 10th of 2022, which were focused on the development of fishing regulations for the area of the proposed sanctuary that overlaps with the MEA. At its 193rd meeting in December of 2022, the Council provided a final recommendation. NOAA found that the final recommendation, in part, did not fulfill the purposes and policies of the NMSA and the goals and objectives of the proposed designation. The Council amended their recommendation during their 194th meeting in March of 2023, and submitted a revised final recommendation to NOAA on April 14, 2023. In May of 2023, NOAA accepted the majority of the Council's recommendation as it fulfilled the purposes and policies of the NMSA and the goals and objectives of the proposed sanctuary designation. However, the Council's recommendation for the disposition of Native Hawaiian Subsistence Practices Fishing catch, which would provide permit applicants the ability to request limited cost recovery by selling their catch was rejected by NOAA via a decision letter dated May 31, 2023. As NOAA explained in the letter, any recommendation for the allowance of “sale” is inconsistent with the goals and objectives of the proposed sanctuary designation. NOAA Fisheries has prepared a proposed rule under the MSA and ONMS has prepared this proposed rule under the NMSA to reflect the outcome of the NMSA section 304(a)(5) process. Pursuant to section 304(a)(1)(C) of the NMSA, the Committee on Natural Resources of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Governor of Hawai'i will have the opportunity to review this proposed action. B. National Environmental Policy Act As described in section I above, NOAA and the State of Hawai'i prepared a DEIS to evaluate the impacts of this proposed action of designating a national marine sanctuary, which considers four alternatives for the proposed designation of a national marine sanctuary in marine portions of the Monument. Copies of the DEIS and related draft management plan are available at the website listed in the 
                        **ADDRESSES**
                         section of this proposed rule. NOAA is also soliciting public comments on the DEIS and DMP. The full response to comments, which includes responses to comments made on the proposed rule, the DEIS, and the draft management plan, will be provided as an Appendix to the Final EIS. C. Executive Orders 12866: Regulatory Impact, 13563 Improving Regulation and Regulatory Review, and 14094: Modernizing Regulatory Review The Office of Management and Budget (OMB) has determined this proposed rule to be not significant within the meaning of Executive Order 12866, as supplemented by Executive Order 14094. D. Executive Order 13132: Federalism Assessment NOAA has concluded that this regulatory action does not have federalism implications sufficient to warrant preparation of a federalism assessment under Executive Order 13132 because NOAA supplements and complements State and local laws under the NMSA rather than supersedes or conflicts with them. This proposed rule will not have substantial direct effects on State or local governments. NOAA has coordinated closely with State partners throughout the development of this proposed rule and, where applicable and practicable, the proposed rule aligns with existing State regulations. NOAA has aimed for consistent regulations throughout sanctuary waters including those within State and Federal jurisdiction. E. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA; 5 U.S.C. 601 
                        *et seq.*) requires Federal agencies to prepare an analysis of a rule's impact on small entities whenever the agency is required to publish a notice of proposed rulemaking, unless the agency certifies, pursuant to 5 U.S.C. 605, that the action will not have significant economic impact on a substantial number of small entities. The RFA requires agencies to consider, but not necessarily minimize, the effects of proposed rules on small entities. The goal of the RFA is to inform the agency and public of expected economic effects of the proposed rule and to ensure the agency considers alternatives that minimize the expected economic effects on small entities while meeting applicable goals and objectives. Pursuant to section 605(b) of the RFA, the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The purpose, context, and statutory basis for this action is described above and not repeated here. The analysis below discusses the potential effects of the proposed designation of marine portions of Papahānaumokuākea Marine National Monument as a national marine sanctuary and serves as the factual basis for the certification. In summary, with this proposed rulemaking, small entities are not expected to experience significant impacts.
                        ( print page 15284) 1. Description and Estimate of the Number of Small Entities to Which the Proposed Action Would Apply Under the Monument's existing management framework, activities in the Monument, with limited exceptions, require a permit. The same would be true in the proposed sanctuary. Based on permitting data for the Monument, there are six primary categories of regulated uses: (1) research; (2) conservation and management; (3) education; (4) Native Hawaiian practices; (5) recreation; and (6) special ocean use. Table 1 shows the number of permits issued by category from 2018 to 2022. Based on permitting data, the types of entities applying for permits include, government, non-profits, artists, film and entertainment entities, education providers, and research organizations. Additionally, ship reporting is required for vessels that transit through portions of the Monument, and the types of entities impacted are identified as finfish fishing or deep-sea freight transit (73 FR 38375 (July 7, 2008)). Table 1—Permits Issued by Year and Type
Research
Conservation and
                                 management
Education
Native Hawaiian
                                 practices
Recreation
Special ocean use
Total2018
7
3
4
4
0
3
212019
7
6
0
2
0
1
162020
1
5
0
0
0
2
82021
8
2
1
4
0
3
182022
5
3
0
0
0
1
92018-2022 Total
28
19
5
10
0
10
722018-2022 Annual Average
5.6
3.8
1
2
0
2
14.4Source: (NOAA Office of National Marine Sanctuaries, Papahānaumokuākea Marine National Monument Permit Records, 2023).
 The U.S. Small Business Administration establishes size standards for determining whether a business entity qualifies as small. NOAA has analyzed the types of entities that applied for permits by category and identified the relevant industries impacted by the proposed rule as colleges and universities, apprenticeship training, environment, conservation and wildlife organizations, civic and social organizations, television broadcasting stations, motion picture and video production, geophysical surveying and mapping services, independent artists, writers, performers, and museums. Each relevant industry is shown in the table below with the most recent size standards published by the U.S. Small Business Administration (2023). Size standards are based upon the average annual receipts (all revenue) or the average employment of a firm. Table 2—Size Standard in Millions of Dollars by North American Classification System (NAICS) Code and Industry Description for Selected Industries
NAICS industry description
NAICS code
Size standard 
                                 (millions of dollars)Colleges, universities and professional schools
611310
$34.5Apprenticeship Training
611513
11.5Environment, Conservation and Wildlife Organizations
813312
19.5Civic and Social Organizations
813410
9.5Television Broadcasting Stations
516120
47.0Motion Picture and Video Production
512110
40.0Geophysical Surveying and Mapping Services
541360
28.5Independent Artists, Writers, and Performers
711510
9.0Museums
712110
34.0Finfish Fishing
114111
25.0Deep Sea Freight
483111
* 1,050Source: 13 CFR part 121, 2023.* Number of employees. A size standard is not identified in dollars.
 Table 3 provides the approximate number of permits issued for each corresponding industry. The Monument permit application itself does not ask the applicant for their industry or if the applicant is a small entity. Therefore, the data presented below is based on limited information from the permit application, specifically the applicant's name and stated purpose for the permit. Table 3—Approximate Permits by Industry Description
NAICS industry description
2018
2019
2020
2021
2022Colleges, universities and professional schools
7
2
1
9
4Apprenticeship Training
2
0
0
2
0Environment, Conservation and Wildlife Organizations
1
2
2
3
0Civic and Social Organizations
2
1
0
2
0Television Broadcasting Stations
2
0
0
0
0Motion Picture and Video Production
1
0
1
4
1( print page 15285)Geophysical Surveying and Mapping Services
1
1
0
2
1Independent Artists, Writers, and Performers
0
1
1
0
0Museums
1
0
0
0
0Source: (NOAA Office of National Marine Sanctuaries, Papahānaumokuākea Marine National Monument Permit Records, 2023).
 Regarding ship reporting requirements, NOAA estimated there would be approximately 200-250 vessels passing through reporting areas of the proposed sanctuary without interruption that would be subject to providing entry and exit notifications, based on vessel traffic reported between 2017 and 2023. The data provided in Tables 1, 2, and 3 provide information on the type of permit applications, the industries that may be impacted, and the number of permits by corresponding industry. NOAA does not have economic data on whether the permittees within the corresponding industries are small entities or not. Due to the lack of quantitative data on the nature of businesses directly affected by the proposed rule including their levels of revenues, costs, and profits from their activities within the sanctuary, the analysis provided here is qualitative. Based upon site interactions and working relationships with permittees, the types of small entities that may be impacted by this proposed rule include academic and government institutions, non-profit organizations, and broadcast and video production entities. In addition, U.S. fishing vessels are expected to be impacted by this rulemaking, and all are considered to be small entities. U.S. freight transport vessels are expected to be affected by this rulemaking, though none are considered to be small entities. 2. Analysis of Small Entities The proposed sanctuary regulations would largely mirror the existing management framework for the Monument. There would be no effective difference in the permitting process between the proposed action and the status quo for permitting within PMNM. The proposed regulatory action would establish new permitting requirements for entities that seek access to areas of the proposed sanctuary that overlap with the MEA, the OSZ. While access restrictions for portions of the proposed sanctuary that overlap with the MEA would be new, the activities that may be permitted would be consistent with Presidential Proclamation 9478. Therefore, the proposed regulatory action would establish new reporting and recordkeeping requirements for entities that apply for permits in the area of the proposed sanctuary that overlaps with the MEA, the OSZ, but is not expected to have a significant economic impact on a substantial number of small entities for the following reasons. Based on the NOAA Monument manager's site knowledge and experience, the proposed regulatory action is not expected to result in an increase in the number of permit requests, as the majority of users operate in the area of the proposed sanctuary that overlaps with PMNM, and do not solely operate in the area of the proposed sanctuary that overlaps with the MEA. Additionally, the area under consideration is coextensive with the marine areas of the Monument, extremely remote (nearly 300 miles at its closest point from the main Hawaiian Islands), and very few entities operate there. Through this proposed rule, NOAA does not expect a significant reduction in profits for small entities. NOAA does not charge a fee for review and issuance of general permits, and there are only minimal, indirect costs associated with the time for an individual to complete a permit application and respond to any follow-up questions from NOAA. While NOAA may assess fees for the conduct of any activity authorized under a special use permit, fees are not required, and decisions are made on a case-by-case basis. No unique professional skills are necessary to meet these reporting requirements. In addition, the process by which all applicants apply for a permit, or complete entry and exit notifications for passage without interruption through certain areas within the proposed sanctuary, would not substantially differ from the current process. Therefore, these additional permitting requirements would not significantly reduce profits for a substantial number of small entities. The public reporting burden for Monument permits is provided in table 4. The public reporting burden differs by permit category. Table 4—Hourly Burden of the Information Collection for Papahānaumokuākea Marine National Monument Permits
Information collection
Annual # of 
                                 responses/ 
                                 respondent
Burden hours/
                                 response
Mean 
                                 occupational  
                                 employment  
                                 hourly wage  
                                 rates  
                                 (for type of  
                                 respondent)
Annual wage 
                                 burden costs  
                                 per permitGeneral permit
3
5
$36.62
$549.30Special Ocean Use permit
3
10
40.83
1,224.9Native Hawaiian Practices permit
3
8
36.62
878.88Recreation permit
3
6
24.98
449.64Source: (NOAA Office of National Marine Sanctuaries, Papahānaumokuākea Marine National Monument Permit Records, 2023).
 Under the existing Monument management framework, as a condition of a permit, permittees are required to have a NOAA OLE type-approved VMS on board when operating within the PMNM. The cost of a VMS unit is $3,150. Annualized over 3 years (the life of the unit) the cost per year is $1,050.00 per year with an additional 
                        ( print page 15286)
                        estimated $100.00 in annual maintenance costs, and $192.00 in VMS report transmission costs ($1.28 daily cost based on a high estimate that a permitted vessel may spend on average, 150 days per year in the Monument), for a total annual VMS cost of $1,342. The proposed rule includes this requirement for areas of the proposed sanctuary that overlap with both the PMNM and MEA. However, the proposed rule is not expected to result in an increase in the number of permit requests, as the majority of users operate in the area of the proposed sanctuary that overlaps with PMNM, and do not solely operate in the area of the proposed sanctuary that overlaps with the MEA. Therefore, this additional permit requirement is not expected to result in an increase in the number of required VMS units, or a significant financial burden to small entities. Through this proposed rule, the process for ship reporting for vessels transiting through areas of the proposed sanctuary would not substantially differ from the current process. The proposed regulatory action would not establish any new reporting or record-keeping requirements related to ship reporting. As described above, NOAA does not expect a significant reduction in profits for small entities, as the expected costs are minimal, indirect costs for permit applications, and does not expect an increase in permit applications as users are already required to have a permit to access PMNM. NOAA has concluded that the proposed rule would not have a significant impact on a substantial number of small entities. Therefore, an Initial Regulatory Flexibility Analysis is not required and none was prepared. F. Paperwork Reduction Act Notwithstanding any other provisions 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 (PRA), 44 U.S.C. 3501 
                        *et seq.,*
                         unless that collection of information displays a currently valid OMB control number. NOAA has an OMB control number (0648-0548) for the collection of public information related to the processing of PMNM permit applications and reports for permits. In the most recent Information Collection Request revision and approval for PMNM permits, NOAA reported approximately 74 permit respondents per year. NOAA's proposal to create a national marine sanctuary in the marine portions of the Monument is not expected to result in an increase in the number of requests for permits under this control number. Therefore, the annual public reporting burden hours for permits under OMB control number 0648-0548 is not expected to increase. A large increase in the number of permit requests would require a change to the reporting burden certified for OMB control number 0648-0548. While not expected, if such permit requests do increase, a revision to this control number for the processing of permits would be requested. Please send any comments regarding the burden estimate for this data collection requirement or any other aspect of this data collection, including suggestions for reducing the burden, to NOAA (see 
                        **ADDRESSES**
                         above). Comments can also be submitted to 
                        *www.reginfo.gov/​public/​do/​PRAMain.*
                         Before an agency submits a collection of information to OMB for approval, the agency shall provide 60-day notice in the 
                        **Federal Register**
                        , and otherwise consult with members of the public and affected agencies concerning each proposed collection of information, to solicit comments to: Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
                    Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
                    Enhance the quality, utility, and clarity of the information to be collected; and
                    Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (*e.g.,*
                         permitting electronic submission of responses). G. National Historic Preservation Act Section 106 of the National Historic Preservation Act (NHPA, 54 U.S.C. 306108) requires Federal agencies to take into account the effects of their undertakings on historic properties and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment with regard to the undertaking. “Historic property” means any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and material remains that are related to and located within such properties, including properties of traditional religious and cultural importance to an Indigenous nation or Tribe or Native Hawaiian organization (see 36 CFR 800.16(l)). The regulations implementing section 106 of the NHPA (36 CFR part 800) establish a process requiring Federal agencies to: (1) determine whether the undertaking is a type of activity that could affect historic properties; (2) identify historic properties in the area of potential effects; (3) assess potential adverse effects; and (4) resolve adverse effects. The regulations require that Federal agencies consult with States, Tribes, and other interested parties when making their effect determinations. NOAA has determined that the designation of a national marine sanctuary and related rulemaking for sanctuary-specific regulations meet the definition of an undertaking as defined at § 800.16(y). In fulfilling its responsibilities under section 106 of the NHPA, NOAA initiated the section 106 review process with the State Historic Preservation Officer (SHPO) for the proposed sanctuary designation via letter to the State Historic Preservation Division (SHPD) through the Hawai'i Cultural Resource Information System on November 21, 2021. NOAA also provided notice to the Advisory Council on Historic Preservation (ACHP) on November 21, 2021. These letters and supporting documentation identified the proposed Area of Potential Effect (APE) and began the process to identify consulting parties (CP). Invitations were sent to over 500 families and organizations having lineal and cultural connections to Papahānaumokuākea, including cultural practitioners, Native Hawaiian Organizations, fishers (subsistence, recreational, commercial), and government agencies. As of January 21, 2023, NOAA received 31 requests to be a CP for the proposed sanctuary designation and NOAA has officially recognized the 31 CPs. NOAA will complete the identification of historic properties in the proposed APE and the assessment of the undertaking's potential to affect historic properties in consultation with the recognized consulting parties. To date, ONMS has conducted 6 meetings with recognized consulting parties. The NHPA section 106 review is ongoing, and additional consultations will be held following the release of the DEIS and DMP. As the DEIS is a joint Federal-State action, the State is also preparing a Cultural Impact Assessment (CIA) and Legal Analysis pursuant to the Hawai'i Environmental Policy Act (HEPA), Hawai'i Revised 
                        ( print page 15287)
                        Statutes (HRS) section 343, the corresponding Hawai'i Administrative Rules (HAR) section 11-200.1, and the Environmental Council's 1997 Guidelines for Assessing Cultural Impacts. H. Sunken Military Craft Act The Sunken Military Craft Act of 2004 (SMCA; Pub. L. 108-375, Title XIV, sections 1401 to 1408; 10 U.S.C. 113 note) preserves and protects from unauthorized disturbance all sunken military craft that are owned by the United States government, as well as foreign sunken military craft that lie within United States waters, as defined in the SMCA. Thousands of U.S. sunken military craft lie in waters around the world, many accessible to looters, treasure hunters, and others who may cause damage to them. These craft, and their associated contents, represent a collection of non-renewable and significant historical resources that often serve as war graves, carry unexploded ordnance, and contain oil and other hazardous materials. By protecting sunken military craft, the SMCA helps reduce the potential for irreversible harm to these nationally important historical and cultural resources. The 1942 Battle of Midway occurred both at Midway Atoll as well as some 100-150 nautical miles north of the atoll in the northwestern portion of Papahānaumokuākea. Aircraft carriers from the historic conflict have been located in the deep ocean, and multiple aircraft and sunken military vessels have been surveyed within the Midway Atoll Special Management Area. Yet, hundreds of aircraft, and several other aircraft carriers and destroyers from the battle remain to be discovered in Papahānaumokuākea. Sunken military craft fall under the jurisdiction of a number of Federal agencies such as the U.S. Navy and the U.S. Coast Guard. NOAA and FWS coordinate very closely with the U.S. Navy and any other applicable Federal agency, foreign State, or State agency if found within State waters, regarding activities directed at sunken military craft discovered within the sanctuary. K. Coastal Zone Management Act (CZMA) Section 307 of the Coastal Zone Management Act (CZMA; 16 U.S.C. 1456) requires Federal agencies to consult with a State's coastal program on potential Federal agency activities that affect any land or water use or natural resource of the coastal zone. Because the proposed sanctuary lies partially within State waters, NOAA intends to submit a copy of this proposed rule and supporting documents, including the DEIS, to the State of Hawaii's Office of Planning and Sustainable Development for evaluation of Federal consistency under the CZMA. NOAA will publish the final rule and designation only after completion of the Federal consistency process under the CZMA. L. Executive Order 12898: Environmental Justice Executive Order 12898 directs Federal agencies to identify and address disproportionately high and adverse effects of their actions on human health and the environment of minority or low-income populations. The designation of national marine sanctuaries by NOAA helps to ensure the enhancement of environmental quality for all populations in the United States. The proposed sanctuary designation would not result in disproportionate negative impacts on any minority or low-income population. In addition, many of the potential impacts from designating the proposed sanctuary would result in long-term or permanent beneficial impacts by protecting resources, which may have a positive impact on communities by providing employment and educational opportunities, and potentially result in improved ecosystem services. List of Subjects in 15 CFR Part 922 Administrative practice and procedure; Coastal zone; Cultural resources; Environmental; Protection; Fishing; Historic preservation; Marine protected areas; Marine resources; Natural resources; National marine sanctuaries; Penalties; Recreation and recreation areas; Reporting and recordkeeping requirements; Shipwrecks; Wildlife
 Nicole R. LeBoeuf, Assistant Administrator for Ocean Services and Coastal Zone Management, National Ocean Service, National Oceanic and Atmospheric Administration.
 Regulatory Amendments and Additions For the reasons set forth above, NOAA proposes to amend part 922, title 15 of the Code of Federal Regulations as follows: PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
 1.The authority citation for part 922 continues to read as follows: Authority:
                        16 U.S.C. 1431 
                            *et seq.* 2.Amend § 922.1 by revising paragraph (a)(2) to read as follows: §  922.1
  (a) * * * (2) To implement the designations of the national marine sanctuaries, for which specific regulations appear in subpart F through subsequent subparts, by regulating activities affecting them, consistent with their respective terms of designation, in order to protect, restore, preserve, manage, and thereby ensure the health, integrity, and continued availability of the conservation, recreational, ecological, historical, scientific, educational, cultural, archaeological, and aesthetic resources and qualities of these areas.
 3.Revise § 922.4 to read as follows: §  922.4
  Subpart F and subsequent subparts of this part set forth the boundaries for all national marine sanctuaries.
 4.Revise §  922.6 to read as follows: §  922.6
  Subpart F and subsequent subparts of this part set forth site-specific regulations applicable to the activities specified therein.
 5.Amend § 922.30 by: a.Revising paragraph (a)(2); b.Removing the word “and” at the end of paragraph (b)(5); c.Removing the period at the end of paragraph (b)(6) and adding “; and” in its place; and d.Adding paragraphs (b)(7) and (8). The additions read as follows: § 922.30
  (a) * * * (2) The permit procedures and criteria for all national marine sanctuaries in which the proposed activity is to take place in accordance with relevant site-specific regulations appearing in subpart F and subsequent subparts of this part. 
 (b) * * * (7) Native Hawaiian Practices—activities that allow for Native Hawaiian practices within Papahānaumokuākea and (8) Recreation—recreational activities within Papahānaumokuākea limited to the Midway Atoll Special Management Area.
 6.Amend § 922.33 by removing the word “and” at the end of paragraph (a)(8), removing the period at the end of paragraph (a)(9) and adding “; and” in ( print page 15288)
                        its place, and by adding paragraphs (a)(10), (11), and (12). The additions read as follows: § 922.33
  (a) * * * (10) For Papahānaumokuākea National Marine Sanctuary, there is no practicable alternative to conducting the activity within the sanctuary and the activity can be conducted with adequate safeguards for the resources and ecological integrity of the sanctuary. (11) For Native Hawaiian Practices within Papahānaumokuākea National Marine Sanctuary: (i) The activity is non-commercial and will not involve the sale of any organism or material collected; (ii) The purpose and intent of this activity is appropriate and deemed necessary by traditional standards in the Native Hawaiian culture (pono), and demonstrates an understanding of, and background in, the traditional practice, and its associated values and protocols; (iii) The activity benefits the resources of the Northwestern Hawaiian Islands and the Native Hawaiian community; the activity supports or advances the perpetuation of traditional knowledge and ancestral connections of Native Hawaiians to the Northwestern Hawaiian Islands; and (iv) Any sanctuary resource harvested from the sanctuary will be consumed in the sanctuary. (12) For Recreation permits within Papahānaumokuākea National Marine Sanctuary: (i) The activity is for the purpose of recreation within the Midway Special Management Area; (ii) The activity is not associated with any for-hire operation; and (iii) The activity does not involve any extractive use.
 7.Amend 922.37 by revising paragraphs (a)(2) and (3) to read as follows: § 922.37
  (a) * * * (2) Except for Papahānaumokuākea National Marine Sanctuary, an applicant or a holder of a National Marine Sanctuary permit issued pursuant to § 922.30 or pursuant to site-specific regulations appearing in subparts F through subsequent subparts of this part; (3) Except for Papahānaumokuākea National Marine Sanctuary, an applicant or a holder of a special use permit issued pursuant to section 310 of the Act and § 922.31;
 8.Add subpart W to read as follows: Subpart W—Papahānaumokuākea National Marine Sanctuary922.240
                            Boundary.
                            922.241
                            Definitions.
                            922.242
                            Co-management.
                            922.243
                            Access.
                            922.244
                            Prohibited or otherwise regulated activities.
                            922.245
                            Permit procedures and criteria.
                        Appendix A to Subpart W of Part 922—Papahānaumokuākea National Marine Sanctuary Boundary Description and Coordinates
                        Appendix B to Subpart W of Part 922—Coordinates for the Outer Sanctuary Zone
                        Appendix C to Subpart W of Part 922—Coordinates for the Midway Atoll Special Management Area
                        Appendix D to Subpart W of Part 922—Coordinates for the Special Preservation Areas (SPAs)
                        Appendix E to Subpart W of Part 922—Coordinates for the Ship Reporting Area
                        Appendix F to Subpart W of Part 922—IMO Standard Reporting Format and Data Syntax for Ship Reporting System
 Subpart W—Papahānaumokuākea National Marine Sanctuary §  922.240
  Papahānaumokuākea National Marine Sanctuary consists of an area of approximately 582,570 square miles (439,910 square nautical miles) of Pacific Ocean waters surrounding the Northwest Hawaiian Islands and the submerged lands thereunder. The precise boundary coordinates are listed in appendix A to this subpart. The outer seaward sanctuary boundary begins approximately 200 nautical miles SW of Kure Atoll at Point 1 and continues from this point roughly north to each successive point in numerical order to Point 232 which is approximately 204 nautical miles north of Kure Atoll. From Point 232 the sanctuary boundary continues roughly ESE to each successive point in numerical order to Point 609 which is approximately 200 nautical miles NE of Necker Island. From Point 609 the sanctuary boundary continues south to Point 610 which is approximately 90 nautical miles ENE of Necker Island. From Point 610 the sanctuary boundary continues roughly east and then SE and south to Point 635 which is approximately 50 nautical miles east of Nihoa. From Point 635 the sanctuary boundary continues roughly south and then SW and west to each successive point in numerical order to Point 662 which is approximately 71 nautical miles SW of Nihoa. From Point 662 the sanctuary boundary continues south to Point 663 which is approximately 236 nautical miles SSW of Nihoa. From Point 663 the sanctuary boundary continues roughly NW to each successive point in numerical order to Point 703 which is approximately 200 nautical miles SSE of Necker Island. From Point 703 the boundary continues roughly NW to each successive point in numerical order to Point 1128 where it ends approximately 200 nautical miles SW of Kure Atoll. The inner landward boundary of the sanctuary follows the shoreline as defined by the State of Hawai'i (HAR § 13-222).
 §  922.241
  In addition to those definitions found at § 922.11, the following definitions apply to this subpart. To the extent that a term appears in § 922.11 and this section, the definition in this section governs. *Areas to be avoided (ATBA)*
                                 means the four designated areas that should be avoided by vessels that are conducting passage without interruption through the sanctuary. The precise boundary coordinates for the ATBAs are listed in appendix E to this subpart. *Bottomfish species*
                                 means all species of bottomfish as defined at 50 CFR 665.201. *Commercial fishing*
                                 means, as defined in the Magnuson-Stevens Fishery Conservation and Management Act, fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter, or trade. *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. *Midway Atoll Special Management Area*
                                 means the area of the sanctuary surrounding Midway Atoll out to a distance of 12 nautical miles. The coordinates are listed in appendix C to this subpart. *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 non-commercial use of sanctuary resources for direct personal consumption while in the sanctuary. *Non-commercial fishing*
                                 means fishing that does not meet the definition of commercial fishing in the Magnuson-Stevens Fishery Conservation and 
                                ( print page 15289)
                                Management Act, and includes, but is not limited to, sustenance, subsistence, traditional indigenous, and recreational fishing. *Office of Law Enforcement (OLE)*
                                 means NOAA, National Marine Fisheries, Office of Law Enforcement. *Outer Sanctuary Zone (OSZ)*
                                 means the waters and submerged lands extending from approximately 50 nautical miles from all islands and emergent lands of the Northwestern Hawaiian Islands to the extent of the seaward limit of the United States Exclusive Economic Zone (U.S. EEZ) west of 163° West Longitude. The precise boundary coordinates for the OSZ are listed in appendix B to this subpart. *Particularly Sensitive Sea Area (PSSA)*
                                 means an area that needs special protection through action by IMO because of its significance for recognized ecological, socio-economic, or scientific attributes where such attributes may be vulnerable to damage by international shipping activities. *Pelagic species*
                                 means Western Pacific Pelagic Management Unit Species as defined at 50 CFR 665.800. *Pono*
                                 means appropriate, correct, and deemed necessary by traditional standards in Hawaiian culture. *Recreational activity*
                                 means an activity conducted for personal enjoyment within the Midway Atoll Special Management Area that does not result in the extraction of sanctuary 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. *Reporting area*
                                 means the area of the proposed sanctuary that extends outward ten nautical miles from the PSSA boundary, as designated by the IMO, and excludes the ATBAs that fall within the PSSA boundary. The precise boundary coordinates for the reporting area are listed in appendix E to this subpart. *Scientific instrument*
                                 means a device, vehicle, or tool used for scientific purposes and is inclusive of structures, materials, or other matter incidental to proper use of such device, vehicle, or tool. *Special Preservation Area (SPA)*
                                 means discrete, biologically important areas of the sanctuary within which uses are subject to certain conditions, restrictions, and prohibitions, including but not limited to access restrictions. The coordinates are listed in Appendix D to this subpart. *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 (
                                *e.g.,*
                                 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 sanctuary, and that is incidental to an activity permitted under this part. *Vessel monitoring system (VMS)*
                                 means a mobile transceiver unit that is approved by NOAA's Office for Law Enforcement for use on vessels permitted to access the sanctuary.
 § 922.242
  NOAA's Office of National Marine Sanctuaries has primary responsibility for the management of the sanctuary pursuant to the National Marine Sanctuaries Act. However, as the sanctuary includes State waters, NOAA will co-manage Papahānaumokuākea National Marine Sanctuary with the State of Hawai'i. The Office of National Marine Sanctuaries may enter into a Memorandum of Agreement with the State of Hawai'i regarding this collaboration that may address, but not be limited to, sanctuary resource protection, educational programs, permitting, research activities, development, and threats to sanctuary resources.
 § 922.243
  (a) Access to the Sanctuary is prohibited and thus unlawful except: (1) When conducting emergency response actions, law enforcement activities, and activities and exercises of the Armed Forces in accordance with § 922.244(b) and (c); (2) Pursuant to a permit issued under § 922.245; (3) When conducting non-commercial fishing activities in the OSZ authorized under the Magnuson-Stevens Fishery Conservation and Management Act provided that no sale of harvested fish occurs; (4) When conducting passage without interruption in accordance with paragraphs (b), (c), and (d) of this section. (b) A vessel may pass without interruption through the sanctuary without requiring a permit as long as the vessel does not stop, anchor, or engage in the prohibited activities listed in § 922.244 within the sanctuary; (c) When conducting passage without interruption vessel discharges are limited to the following: (1) Vessel engine cooling water, weather deck runoff, and vessel engine exhaust within Special Preservation Areas or the Midway Atoll Special Management Area; (2) Discharge incidental to vessel operations such as deck wash, approved marine sanitation device effluent, cooling water, and engine exhaust in areas other than Special Preservation Areas or the Midway Atoll Special Management Area. (d) For areas of the sanctuary that are contained within the reporting area surrounding the PSSA designated by the International Maritime Organization (IMO), a ship reporting system (CORAL SHIPREP) specified below shall be in effect. The coordinates for the Reporting Area are listed in appendix E to this subpart. (1) The ship reporting system as specified in paragraphs (d)(3) through (7) of this section does not apply to the following vessels: (i) Vessels conducting emergency response actions, law enforcement activities, and activities and exercises of the Armed Forces in accordance with § 922.244(b) and (c); (ii) Vessels conducting activities pursuant to a permit issued under § 922.245; (iii) Vessels conducting non-commercial fishing activities in the OSZ authorized under the Magnuson-Stevens Fishery Conservation and Management Act; and (iv) Vessels entitled to sovereign immunity in accordance with generally recognized principles of international law. (2) The following vessels, passing through the reporting area of the sanctuary without interruption must participate in the ship reporting system as specified in paragraphs (d)(3) through (7) of this section: (i) Vessels of the United States of any size; (ii) All other ships 300 gross tonnage or greater that are entering or departing a United States port or place; and (iv) All other ships of any size entering or departing a United States port or place and experiencing an emergency while transiting through the reporting area. (3) All vessels passing through the reporting area of the sanctuary without interruption other than those described in paragraph (d)(2) of this section are encouraged to participate in the ship reporting system set forth in paragraphs (d)(3) through (7) of this section. (4) Immediately upon entering the reporting area, vessels described in paragraph (d)(2) of this section must provide the following information by email sent to 
                                *nwhi.notifications@noaa.gov*
                                 in the IMO standard reporting format and data syntax shown in appendix F to this subpart:
                                ( print page 15290) (i) Vessel name, call sign or ship station identity, flag, and IMO identification number if applicable, and either Federal documentation or State registration number if applicable; (ii) Date, time (UTC) and month of entry; (iii) Position; (iv) True course; (v) Speed in knots and tenths; (vi) Destination and estimated time of arrival; (vii) Intended route through the reporting area; (viii) Vessel draft (in meters); (ix) Categories of hazardous cargoes on board; (x) Any vessel defects or deficiencies that restrict maneuverability or impair normal navigation; (xi) Any pollution incident or goods lost overboard within the PSSA, the reporting area, or the U.S. EEZ; (xii) Contact information for the vessel's agent or owner; (xiii) Vessel size (length overall, gross tonnage) and type; (xiv) Total number of persons on board; (5) Immediately upon leaving the reporting area, vessels described in paragraph (d)(2) of this section must provide the following information by email sent to 
                                *nwhi.notifications@noaa.gov*
                                 in the IMO standard reporting format and data syntax shown in appendix F to this subpart: (i) Vessel name, call sign or ship station identity, flag, and IMO identification number if applicable, and either Federal documentation or State registration number if applicable; (ii) Date, time (UTC), and month of exit; (iii) Position; and (iv) Any pollution incident or goods lost overboard within the PSSA, the reporting area, or the U.S. EEZ. (6) For vessels that are not equipped with on-board email capability, advanced notice of entrance (as outlined in paragraph (d)(4) of this section) shall be provided at least 72 hours, but not more than one month, prior to entering the reporting area. Notification of departure (as outlined in paragraph (d)(5) of this section) must be provided within 12 hours of leaving. Notification under this paragraph may be made by email, telephone, or fax, by contacting: (i) 
                                *Email: nwhi.notifications@noaa.gov;* (ii) 
                                *Telephone:*
                                 1-808-395-6944 or 1-866-478-6944; or (iii) 
                                *Fax:*
                                 1-808-455-3093 (7) Further reports shall be made by the vessels described in paragraph (d)(2) of this section, and are encouraged for the vessels described in paragraph (d)(3) of this section, whenever there is a change in navigation status or circumstances, particularly in relation to the intended route, defects or deficiencies.
 § 922.244
  (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the sanctuary, except as specified in paragraphs (b) through (f) of this section: (1) Exploring for, developing, or producing oil, gas, or minerals, or any energy development activities; (2) Using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of a sanctuary resource; (3) Introducing or otherwise releasing an introduced species from within or into the sanctuary; (4) Deserting a vessel; (5) Commercial fishing and possessing commercial fishing gear except when stowed and not available for immediate use; (6) Anchoring on or having a vessel anchored on any living or dead coral with an anchor, anchor chain, or anchor rope; (7) Non-commercial fishing and possessing non-commercial fishing gear except when stowed and not available for immediate use; (8) Drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands; (9) 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 sanctuary resource; (10) Attracting any living sanctuary resource; (11) Touching coral, living or dead; (12) Swimming, snorkeling, or closed or open circuit SCUBA diving; (13) Discharging or depositing any material or other matter into the sanctuary, or discharging or depositing any material or other matter outside of the sanctuary that subsequently enters the sanctuary and injures or has the potential to injure any resources of the sanctuary, except as described at § 922.243 for vessel passage without interruption; and (14) Anchoring a vessel. (b) The prohibitions in paragraph (a) of this section do not apply to activities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for law enforcement purposes. (c) The prohibitions in paragraph (a) of this section do not apply to activities and exercises of the U.S. Armed Forces (including those carried out by the U.S. Coast Guard). This includes the U.S. Armed Forces' response to emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solution. All activities and exercises of the U.S. Armed Forces shall be carried out in a manner that avoids, to the extent practicable and consistent with operational requirements, adverse impacts on sanctuary resources and qualities. These regulations shall not limit or otherwise affect the U.S. Armed Forces discretion to use, maintain, improve, manage, or control any property under their administrative control or otherwise limit the availability of such property for military mission purposes, including, but not limited to, defensive areas and airspace reservations. (d) The prohibitions in paragraphs (a)(7) through (14) of this section do not apply to non-commercial fishing activities in the OSZ authorized under the Magnuson-Stevens Fishery Conservation and Management Act provided that no sale of harvested fish occurs. (e) The prohibitions in paragraphs (a)(7) through (14) of this section, do not apply to any activity conducted under and in accordance with the scope, purpose, terms, and conditions of a sanctuary general permit, or special use permit issued pursuant to subpart D of this part. In no event, may the Director issue a National Marine Sanctuary general permit or special use permit authorizing or otherwise approving activities listed in paragraph (a)(8) of this section for anything other than scientific instruments, when the activity occurs within the OSZ. (f) The prohibitions in paragraph (a) of this section shall not restrict scientific exploration or research activities by or for the Secretary of Commerce or the Secretary of the Interior when the activity occurs within the OSZ.
 § 922.245
  (a) A person may conduct an activity otherwise prohibited by § 922.244(a)(7) through (14), if such activity is conducted in accordance with the scope, purpose, terms, and conditions of, a permit issued under this section and subpart D of this part. (b) Applications for permits should be addressed to the NOAA Inouye Regional Center, Office of National Marine Sanctuaries; ATT: Permit Coordinator, 
                                ( print page 15291)
                                Papahānaumokuākea, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. (c) The Secretary may authorize sustenance fishing outside of any Special Preservation Area as a term or condition of any general permit or special use permit issued under this section and subpart D of this part. Sustenance fishing in the Midway Atoll 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 their 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 part, including considering the extent to which the conduct of the activity may diminish Sanctuary resources, qualities, and ecological integrity, as well as any indirect, secondary, or cumulative effects of the activity and the duration of such effects. The Secretary will develop procedures for systematic reporting of sustenance fishing. (d) An owner or operator of a vessel that has been issued a general permit or special use permit under this section and subpart D of this part must ensure that such vessel has a NOAA OLE type-approved VMS on board when operating within the sanctuary. OLE has authority over the type of VMS used and 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. The owner or operator of a vessel must coordinate with OLE to install and activate an approved VMS prior to departure. (1) When a vessel's VMS is not operating properly at sea, 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: (i) Manually communicating a vessel's location as directed by OLE; or (ii) Returning to port until the VMS is operable. (2) The following activities regarding VMS are prohibited and thus unlawful for any person to conduct or cause to be conducted: (i) Operating any vessel within the sanctuary without an OLE type approved VMS; (ii) Failing to install, activate, repair, or replace a VMS prior to leaving port; (iii) Failing to operate and maintain a VMS on board the vessel at all times; (iv) Tampering with, damaging, destroying, altering, or in any way distorting, rendering useless, inoperative, ineffective, or inaccurate the VMS, or VMS signal; (v) Failing to contact OLE or follow OLE instructions when automatic position reporting has been interrupted; (vi) Registering a VMS to more than one vessel at the same time; (vii) Connecting or leaving connected additional equipment to a VMS unit without the prior approval of OLE; and (viii) Making a false statement, oral or written, to an authorized officer regarding the installation, use, operation, or maintenance of a VMS unit or communication service provider. (3) As a condition of authorized access to the sanctuary, a vessel owner or operator subject to the requirements for a VMS in this section must allow OLE, the U.S. Coast Guard, 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 Secretary of Commerce and the Secretary of the Interior may have access to, and use of, collected data for scientific, statistical, and management purposes. Appendix A to Subpart W of Part 922—Papahānaumokuākea National Marine Sanctuary Boundary Description and Coordinates [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] Point No.
Longitude
Latitude1
180.00000
25.389762
179.99985
25.389823
179.96681
25.404514
179.93392
25.419505
179.90119
25.434786
179.86863
25.450347
179.83622
25.466198
179.78793
25.490509
179.75595
25.5070710
179.72415
25.5239111
179.69252
25.5410412
179.66108
25.5584413
179.62981
25.5761214
179.59874
25.5940815
179.56786
25.6123116
179.53716
25.6308117
179.50667
25.6495918
179.47637
25.6686319
179.44627
25.6879420
179.41638
25.7075121
179.38670
25.7273522
179.35722
25.7474523
179.32796
25.7678124
179.28448
25.7988325
179.25576
25.8198326
179.22255
25.8446327
179.18175
25.8758328
179.15383
25.8977029
179.12613
25.9198230
179.09868
25.9421831
179.07146
25.9647932
179.03108
25.9991533
179.00447
26.0223534
178.97810
26.0457835
178.93902
26.0813736
178.91329
26.1053737
178.88781
26.1296138
178.86259
26.1540739
178.82525
26.1911740
178.80068
26.2161841
178.77639
26.2414142
178.75236
26.2668543
178.71683
26.3054044
178.69349
26.3313645
178.65901
26.3706846
178.63637
26.3971547
178.61378
26.4240948
178.59171
26.4509649
178.56993
26.4780150
178.54844
26.5052651
178.52725
26.5327052
178.49601
26.5742053
178.46544
26.6161154
178.44544
26.6442755
178.41601
26.6868556
178.39677
26.7154457
178.37784
26.7442158
178.35922
26.7731459
178.34092
26.8022360
178.30653
26.8580361
178.28885
26.8874462
178.26294
26.9318563
178.24606
26.9616464
178.22951
26.9915865
178.21329
27.0216666
178.19632
27.0539467
178.17402
27.0977468
178.15895
27.1283169
178.14422
27.1590170
178.12274
27.2052971
178.10884
27.2363172
178.08864
27.2830573
178.06920
27.3300674
178.05667
27.3615475
178.03853
27.4089676
178.02687
27.4407177
178.01003
27.4885178
177.99924
27.5205179
177.98881
27.5525980
177.97873
27.5847781
177.96901
27.6170382
177.95509
27.6655983
177.94198
27.7143284
177.93368
27.7469085
177.92568
27.7798486
177.91811
27.8125687
177.90744
27.8617688
177.90079
27.8946489
177.89149
27.9440690
177.88574
27.9770791
177.88037
28.0101492
177.87300
28.0598293
177.86647
28.1095994
177.86258
28.1428195
177.85744
28.1927196
177.85447
28.22601( print page 15292)97
177.85073
28.2760098
177.84871
28.3093699
177.84706
28.34273100
177.84529
28.39281101
177.84436
28.44291102
177.84422
28.47631103
177.84445
28.50971104
177.84551
28.55981105
177.84670
28.59348106
177.84844
28.63098107
177.85148
28.68101108
177.85399
28.71434109
177.85761
28.75561110
177.86197
28.79830111
177.86786
28.84813112
177.87226
28.88131113
177.87543
28.90360114
177.87967
28.93173115
177.88514
28.96554116
177.89133
29.00123117
177.90063
29.05066118
177.90735
29.08379119
177.91806
29.13300120
177.92567
29.16572121
177.93780
29.21468122
177.94636
29.24722123
177.95989
29.29590124
177.96959
29.32896125
177.97946
29.36122126
177.98970
29.39340127
178.00575
29.44148128
178.01692
29.47341129
178.03438
29.52113130
178.04647
29.55280131
178.06531
29.60012132
178.08497
29.64717133
178.09853
29.67840134
178.11268
29.71000135
178.13426
29.75642136
178.15665
29.80255137
178.17203
29.83313138
178.19577
29.87875139
178.21216
29.90921140
178.22879
29.93930141
178.25439
29.98416142
178.27525
30.01949143
178.29311
30.04905144
178.31861
30.09001145
178.34009
30.12350146
178.35931
30.15271147
178.38857
30.19588148
178.41018
30.22681149
178.43934
30.26737150
178.47063
30.30946151
178.49239
30.33792152
178.51400
30.36556153
178.54703
30.40666154
178.57973
30.44608155
178.60482
30.47552156
178.62805
30.50216157
178.65341
30.53061158
178.68811
30.56854159
178.71589
30.59815160
178.75298
30.63662161
178.77809
30.66199162
178.80351
30.68713163
178.84220
30.72443164
178.88157
30.76121165
178.90818
30.78543166
178.94864
30.82133167
178.97598
30.84496168
179.00360
30.86835169
179.04556
30.90297170
179.07393
30.92578171
179.11693
30.95947172
179.14594
30.98161173
179.18995
31.01433174
179.21963
31.03582175
179.26463
31.06757176
179.29516
31.08855177
179.34112
31.11928178
179.38763
31.14941179
179.41894
31.16915180
179.45050
31.18861181
179.49827
31.21728182
179.54657
31.24532183
179.57905
31.26365184
179.61792
31.28512185
179.65085
31.30287186
179.70065
31.32895187
179.73411
31.34598188
179.77707
31.36728189
179.81095
31.38371190
179.86214
31.40779191
179.89652
31.42346192
179.94844
31.44640193
179.98329
31.46131194
−180.00000
31.46823195
−179.96410
31.48309196
−179.92880
31.49722197
−179.89333
31.51105198
−179.83980
31.53119199
−179.78591
31.55062200
−179.74978
31.56318201
−179.71350
31.57542202
−179.65880
31.59317203
−179.62215
31.60460204
−179.56692
31.62114205
−179.51138
31.63695206
−179.47371
31.64721207
−179.41770
31.66179208
−179.38021
31.67109209
−179.33210
31.68252210
−179.28243
31.69383211
−179.23675
31.70369212
−179.19878
31.71149213
−179.16071
31.71896214
−179.10344
31.72953215
−179.06516
31.73615216
−179.00758
31.74546217
−178.94983
31.75399218
−178.90738
31.75980219
−178.86874
31.76473220
−178.82975
31.76934221
−178.79099
31.77358222
−178.75218
31.77748223
−178.71332
31.78104224
−178.67441
31.78425225
−178.63547
31.78712226
−178.59650
31.78964227
−178.55749
31.79182228
−178.51846
31.79366229
−178.47941
31.79515230
−178.43412
31.79649231
−178.39504
31.79729232
−178.35596
31.79775233
−178.32396
31.79786234
−178.28487
31.79769235
−178.24553
31.79717236
−178.20645
31.79631237
−178.16738
31.79510238
−178.12834
31.79354239
−178.08931
31.79165240
−178.05031
31.78940241
−178.01134
31.78682242
−177.97241
31.78389243
−177.93351
31.78061244
−177.89466
31.77699245
−177.85585
31.77303246
−177.81646
31.76865247
−177.77776
31.76401248
−177.73912
31.75902249
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22.86141( print page 15296)985
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25.38976
 Appendix B to Subpart W of Part 922—Coordinates for the Outer Sanctuary Zone [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] The boundaries for the areas listed in this appendix, unless otherwise described in this rule, begin at Point 1 as indicated in the particular area's coordinate table and continue to each successive point in numerical order until ending at the last point in the table. Point No.
Longitude
Latitude1
180.00000
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26.80223( print page 15297)60
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20.36345812
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20.37085813
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20.38865815
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20.40130816
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20.41012817
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20.41926818
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20.46203822
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20.47258823
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20.48344824
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20.49460825
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20.51193826
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20.52386827
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20.88032849
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21.66178875
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21.75669878
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21.82840880
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21.88387884
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22.09840894
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22.12345895
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22.14914896
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22.17546897
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22.19335898
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22.21103899
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22.20415900
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22.19907901
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22.19431902
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22.18987903
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22.18575904
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22.18196905
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22.17688906
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22.17390907
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22.17125908
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22.16332912
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22.16191914
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22.16170915
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22.17302923
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22.18648927
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22.23563934
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22.30577940
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22.33594942
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22.35207943
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22.36889944
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22.38641945
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22.40461946
−172.03998
22.42318947
−172.09233
22.42751( print page 15301)948
−172.12811
22.43088949
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22.43653950
−172.21738
22.44070951
−172.25302
22.44519952
−172.28861
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22.45515954
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22.46346955
−172.41274
22.46941956
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22.47892957
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22.48567958
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22.49638959
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22.50392960
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22.51582961
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22.52415962
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22.53279963
−172.76272
22.54635964
−172.79725
22.55578965
−172.83168
22.56552966
−172.86601
22.57558967
−172.90023
22.58594968
−172.95136
22.60207969
−172.98531
22.61320970
−173.03602
22.63048971
−173.08645
22.64845972
−173.11992
22.66081973
−173.15325
22.67347974
−173.18646
22.68643975
−173.23601
22.70643976
−173.26888
22.72014977
−173.30160
22.73415978
−173.34556
22.75354979
−173.37723
22.74830980
−173.41277
22.74274981
−173.44836
22.73750982
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22.73258983
−173.51970
22.72798984
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22.72371985
−173.59122
22.71976986
−173.62704
22.71613987
−173.66290
22.71283988
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22.70985989
−173.73470
22.70720990
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22.70487991
−173.80661
22.70286992
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22.70118993
−173.87860
22.69983994
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22.69880995
−173.95063
22.69810996
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22.69772997
−174.02268
22.69767998
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22.69794999
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22.698541000
−174.13075
22.699471001
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22.700721002
−174.20274
22.702291003
−174.23871
22.704191004
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22.706421005
−174.31059
22.708971006
−174.34649
22.711851007
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22.715051008
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22.718571009
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22.722421010
−174.48974
22.726591011
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22.731081012
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22.735891013
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22.741031014
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22.746491015
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22.752271016
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22.764791018
−174.77389
22.771541019
−174.82672
22.782241020
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22.789781021
−174.89689
22.797631022
−174.93185
22.805801023
−174.96673
22.814291024
−175.00151
22.823081025
−175.03621
22.832201026
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22.841631027
−175.10531
22.851361028
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22.861411029
−175.17401
22.871781030
−175.20820
22.882441031
−175.24228
22.893421032
−175.27624
22.904711033
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22.916301034
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22.928201035
−175.37741
22.940401036
−175.41089
22.952901037
−175.44423
22.965711038
−175.47744
22.978821039
−175.51051
22.992221040
−175.54345
23.005931041
−175.57624
23.019931042
−175.60888
23.034221043
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23.048811044
−175.67372
23.063701045
−175.70591
23.078871046
−175.73795
23.094341047
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23.110091048
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23.134261049
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23.150731050
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23.184511052
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23.201831053
−175.98815
23.228321054
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23.246331055
−176.04891
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−176.12379
23.311501058
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23.330731059
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23.350221060
−176.21200
23.369981061
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23.400111062
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23.420531063
−176.31256
23.441201064
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23.559401069
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23.592941070
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23.615601071
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23.673301073
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23.732461075
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23.756531076
−176.71213
23.780821077
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23.805341078
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−176.78542
23.855031080
−176.80933
23.880211081
−176.83297
23.905591082
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23.931191083
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23.957001084
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23.983021085
−176.93602
24.022431086
−176.96913
24.062291087
−176.99085
24.089111088
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24.184511091
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24.240041093
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24.296301095
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24.338951096
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24.367601097
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24.396421098
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24.425401099
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24.469181100
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24.498561101
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24.528101102
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24.557791103
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24.587631104
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24.617621105
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24.662101106
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24.670811107
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24.683591108
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24.941941130
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24.953801131
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24.966371132
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25.008321135
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25.023701136
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25.030961137
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25.040051138
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25.058591140
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25.060521141
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25.064201142
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25.077181144
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25.082141145
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25.087421146
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25.093821147
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25.099591148
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25.108831149
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25.115391150
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25.122271151
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25.133181152
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25.144801153
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25.152951154
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25.161401155
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25.170181156
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25.176421157
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25.190481158
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25.200181159
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25.210201160
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25.225811161
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25.242111162
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25.259111163
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25.270811164
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25.282831165
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25.295141166
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25.307761167
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25.320681168
−179.86628
25.333891169
−179.89991
25.34741( print page 15302)1170
−179.93340
25.361221171
−179.96674
25.375331172
−180.00000
25.38976
 Appendix C to Subpart W of Part 922—Coordinates for the Midway Atoll Special Management Area [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] The boundaries for the areas listed in this appendix, unless otherwise described in this rule, begin at Point 1 as indicated in the particular area's coordinate table and continue to each successive point in numerical order until ending at the last point in the table. Point No.
Longitude
Latitude1
−177.08955
28.248432
−177.08746
28.207463
−177.08807
28.200394
−177.08784
28.194135
−177.08714
28.187736
−177.08675
28.179817
−177.08685
28.178058
−177.09492
28.158379
−177.10266
28.1416710
−177.10685
28.1334711
−177.12055
28.1093712
−177.12905
28.0961413
−177.13930
28.0840214
−177.14478
28.0774515
−177.14835
28.0735916
−177.15014
28.0702917
−177.15425
28.0662218
−177.16032
28.0616319
−177.17073
28.0536820
−177.18451
28.0429321
−177.19497
28.0365222
−177.20126
28.0332823
−177.21758
28.0245524
−177.22558
28.0206225
−177.24634
28.0130926
−177.26874
28.0053627
−177.28593
28.0028628
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28.0018229
−177.31326
27.9981230
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27.9968131
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27.9959232
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27.9942633
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27.9926434
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27.9908335
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27.9907837
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27.9911338
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28.0154943
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28.0263844
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28.0370645
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28.0520846
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28.0626547
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28.1482452
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28.1805054
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28.1943455
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28.2008856
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28.2135457
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28.2318458
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28.2375359
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28.2543160
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28.2589761
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28.2818062
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28.2973763
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28.3065864
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28.3207165
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28.3340466
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28.3381967
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28.3546868
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28.3761870
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28.3856671
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28.3983672
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28.4070874
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28.4092175
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28.4208876
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28.4336978
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28.4376579
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28.4468580
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28.4550881
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28.4605782
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28.4615483
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28.4756384
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28.4801685
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28.4826386
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28.4829087
−177.41073
28.4829688
−177.40079
28.4839289
−177.39471
28.4842390
−177.38430
28.4848591
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28.4848592
−177.36644
28.4840293
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28.4834894
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28.4826095
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28.4821296
−177.32593
28.4815097
−177.31568
28.4785598
−177.30326
28.4748599
−177.28841
28.46971100
−177.26868
28.46353101
−177.24613
28.45463102
−177.22835
28.44555103
−177.20144
28.42977104
−177.18994
28.42291105
−177.17441
28.41273106
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28.39797107
−177.14459
28.38222108
−177.13946
28.37700109
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28.36519110
−177.12744
28.35256111
−177.12069
28.33683112
−177.10531
28.30631113
−177.09483
28.27704114
−177.09204
28.26549115
−177.09085
28.25735116
−177.08955
28.24843
 Appendix D to Subpart W of Part 922—Coordinates for the Special Preservation Areas (SPAs) [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] The boundaries for the areas listed in this appendix, unless otherwise described in this rule, begin at Point 1 as indicated in the particular area's coordinate table and continue to each successive point in numerical order until ending at the last point in the table. Table 1—Coordinates for Hōlanikū (Kure Atoll) SPA
Point No.
Longitude
Latitude1
−178.23368
28.407092
−178.23399
28.400033
−178.23440
28.397224
−178.23512
28.393695
−178.23696
28.387896
−178.23973
28.378837
−178.24045
28.377028
−178.24137
28.375129
−178.24579
28.3663510
−178.24743
28.3631811
−178.24774
28.3627312
−178.24815
28.3622813
−178.24805
28.3616414
−178.24702
28.3603815
−178.24097
28.3522216
−178.24035
28.3516717
−178.23841
28.3499618
−178.23185
28.3448819
−178.23060
28.3440320
−178.22978
28.3435721
−178.22753
28.3431222
−178.22690
28.3430223
−178.21697
28.3414024
−178.21615
28.3412225
−178.21584
28.3409526
−178.21338
28.3300427
−178.21297
28.3282628
−178.21779
28.3208329
−178.21879
28.3206130
−178.22845
28.3184731
−178.23319
28.3241032
−178.23501
28.3262733
−178.23552
28.3268134
−178.25079
28.3297135
−178.26350
28.3322536
−178.26422
28.3423137
−178.26818
28.3455538
−178.26842
28.3457539
−178.26909
28.3453240
−178.27099
28.3441241
−178.27658
28.3413142
−178.28211
28.3389543
−178.28642
28.3376844
−178.29103
28.3369645
−178.29540
28.3366146
−178.29554
28.3366047
−178.30384
28.3357848
−178.30907
28.3356949
−178.31266
28.3357850
−178.31573
28.3360551
−178.31768
28.3360552
−178.35403
28.3385353
−178.38276
28.3438554
−178.39558
28.3333955
−178.40626
28.3246756
−178.40687
28.3241357
−178.40784
28.3237058
−178.41318
28.3231359
−178.43005
28.3213260
−178.43175
28.3403061
−178.43425
28.3646062
−178.43437
28.3664363
−178.43437
28.3684864
−178.43413
28.3706465
−178.43315
28.3792666
−178.43156
28.3925967
−178.43742
28.3990568
−178.44199
28.4058569
−178.44313
28.40899( print page 15303)70
−178.44498
28.4171671
−178.44597
28.4361272
−178.44569
28.4460573
−178.44512
28.4484374
−178.44057
28.4603675
−178.43246
28.4782776
−178.41611
28.4950977
−178.41398
28.4969878
−178.40985
28.4998679
−178.40098
28.5059580
−178.40072
28.5060881
−178.39600
28.5084682
−178.38392
28.5139883
−178.38193
28.5147384
−178.37937
28.5154885
−178.37098
28.5171286
−178.35889
28.5196387
−178.35661
28.5200088
−178.35164
28.5205089
−178.34909
28.5208190
−178.33751
28.5218091
−178.33658
28.5218992
−178.33228
28.5258793
−178.33115
28.5266094
−178.32931
28.5275995
−178.32480
28.5291396
−178.31988
28.5343797
−178.30929
28.5457298
−178.29832
28.5438299
−178.29186
28.53171100
−178.28776
28.52320101
−178.28725
28.52212102
−178.28653
28.51823103
−178.28426
28.50560104
−178.28365
28.50270105
−178.28252
28.50180106
−178.27832
28.49935107
−178.27504
28.49682108
−178.26581
28.48958109
−178.26013
28.48471110
−178.24899
28.47256111
−178.24752
28.47095112
−178.24660
28.46951113
−178.24578
28.46733114
−178.24281
28.45684115
−178.24106
28.45195116
−178.24024
28.44950117
−178.23953
28.44616118
−178.23758
28.43731119
−178.23337
28.41884120
−178.23317
28.41739121
−178.23327
28.41441122
−178.23368
28.40709
 Table 2—Coordinates for Manawai (Pearl and Hermes Atoll) SPA
Point ID
Longitude
Latitude1
−175.73629
28.021562
−175.71790
28.008373
−175.71623
28.007194
−175.71293
27.997055
−175.71278
27.996586
−175.71189
27.993857
−175.71115
27.992588
−175.70898
27.990509
−175.69243
27.9774510
−175.69085
27.9760211
−175.69057
27.9757712
−175.68524
27.9709313
−175.67939
27.9641114
−175.67571
27.9587715
−175.67371
27.9547716
−175.67020
27.9473517
−175.66886
27.9440918
−175.66752
27.9403819
−175.66602
27.9354920
−175.66489
27.9294821
−175.66468
27.9283722
−175.66384
27.9229523
−175.66334
27.9168624
−175.66328
27.9152625
−175.66326
27.9148926
−175.66317
27.9127127
−175.66317
27.9069228
−175.66368
27.8992129
−175.66418
27.8946130
−175.66602
27.8830431
−175.67187
27.8660032
−175.67421
27.8596233
−175.67471
27.8572534
−175.67655
27.8501235
−175.67885
27.8418436
−175.67973
27.8386937
−175.68140
27.8340938
−175.68441
27.8277039
−175.68727
27.8233340
−175.68742
27.8231041
−175.68976
27.8194642
−175.69041
27.8183143
−175.69080
27.8175144
−175.69131
27.8158945
−175.69352
27.8087646
−175.69355
27.8085747
−175.69378
27.8073848
−175.69416
27.8064649
−175.69494
27.8054250
−175.69533
27.8046251
−175.69585
27.8033552
−175.69870
27.7955253
−175.69909
27.7943754
−175.70077
27.7919655
−175.70453
27.7856256
−175.71062
27.7771157
−175.71528
27.7707758
−175.71295
27.7654859
−175.71268
27.7648860
−175.71218
27.7637861
−175.71231
27.7629762
−175.71322
27.7619363
−175.71931
27.7575664
−175.72151
27.7557265
−175.72228
27.7556066
−175.72578
27.7552667
−175.72695
27.7549168
−175.72747
27.7544569
−175.72980
27.7510070
−175.73135
27.7488171
−175.73355
27.7470872
−175.73796
27.7438673
−175.74327
27.7410974
−175.75091
27.7374175
−175.75698
27.7351176
−175.75791
27.7347677
−175.76283
27.7337278
−175.76796
27.7325479
−175.77107
27.7323180
−175.78169
27.7312881
−175.79452
27.7303582
−175.79996
27.7303583
−175.81744
27.7310584
−175.82120
27.7313985
−175.84245
27.7349686
−175.84329
27.7349687
−175.84394
27.7348488
−175.84510
27.7339289
−175.85378
27.7279390
−175.85598
27.7266791
−175.86168
27.7237992
−175.86855
27.7206893
−175.87632
27.7172294
−175.88163
27.7151595
−175.88928
27.7121596
−175.89627
27.7096297
−175.89926
27.7085398
−175.90612
27.7060599
−175.91616
27.70257100
−175.91914
27.70177101
−175.92277
27.70108102
−175.93248
27.69923103
−175.93689
27.69877104
−175.94039
27.69831105
−175.94660
27.69762106
−175.95023
27.69762107
−175.95632
27.69773108
−175.95943
27.69796109
−175.96267
27.69843110
−175.96837
27.69935111
−175.96966
27.69992112
−175.97834
27.70338113
−175.98826
27.70847114
−175.99473
27.71262115
−176.00250
27.71872116
−176.00833
27.72299117
−176.01585
27.72967118
−176.02401
27.73784119
−176.02918
27.74373120
−176.03139
27.74625121
−176.03359
27.74913122
−176.03489
27.75120123
−176.03880
27.75840124
−176.04036
27.76151125
−176.04360
27.76819126
−176.04424
27.76877127
−176.04619
27.76911128
−176.04968
27.76992129
−176.05098
27.77049130
−176.05733
27.77521131
−176.05831
27.77593132
−176.06717
27.78235133
−176.06225
27.79271134
−176.05820
27.80097135
−176.04866
27.82041136
−176.04154
27.83526137
−176.03920
27.84003138
−176.03868
27.84107139
−176.03830
27.84256140
−176.03622
27.85464141
−176.03609
27.85660142
−176.03661
27.87231143
−176.03635
27.87484144
−176.03467
27.87886145
−176.02936
27.89151146
−176.02871
27.89232147
−176.02637
27.89422148
−176.01452
27.89948149
−176.00953
27.90169150
−175.98505
27.91078151
−175.97974
27.91767152
−175.97806
27.91986153
−175.97559
27.92227( print page 15304)154
−175.96800
27.92876155
−175.96515
27.93071156
−175.96243
27.93244157
−175.95893
27.93474158
−175.95751
27.93554159
−175.95531
27.93634160
−175.94676
27.93979161
−175.93976
27.94313162
−175.93730
27.94462163
−175.93019
27.94940164
−175.91849
27.95667165
−175.89960
27.96883166
−175.88990
27.97506167
−175.88673
27.97684168
−175.87603
27.98202169
−175.86868
27.98514170
−175.84284
27.99650171
−175.81723
28.00661172
−175.81543
28.00732173
−175.80908
28.00970174
−175.80440
28.01088175
−175.79989
28.01133176
−175.79170
28.01118177
−175.78250
28.01088178
−175.78033
28.01074179
−175.78013
28.01073180
−175.77097
28.01014181
−175.76796
28.00984182
−175.73629
28.02156
 Table 3—Coordinates for Kapou (Lisianski Island) SPA
Point No.
Longitude
Latitude1
−173.82216
26.082612
−173.81417
26.066513
−173.81089
26.060334
−173.80358
26.045825
−173.80187
26.043126
−173.79902
26.039517
−173.79216
26.032558
−173.78288
26.023409
−173.76999
26.0104210
−173.76842
26.0088811
−173.76714
26.0072012
−173.75672
25.9927613
−173.75329
25.9862514
−173.75257
25.9831615
−173.75272
25.9801916
−173.75357
25.9760717
−173.75414
25.9727218
−173.75429
25.9713019
−173.75457
25.9706520
−173.75629
25.9694921
−173.77427
25.9551822
−173.79226
25.9408723
−173.79613
25.9146324
−173.79656
25.9123125
−173.79685
25.9108926
−173.79770
25.9102527
−173.84842
25.8745428
−173.85185
25.8723529
−173.85299
25.8720930
−173.86184
25.8736431
−173.88326
25.8777732
−173.89205
25.8794633
−173.89348
25.8795934
−173.89805
25.8797135
−173.90349
25.8797836
−173.90608
25.8798137
−173.91654
25.8799338
−173.91667
25.8799339
−173.91893
25.8799640
−173.91989
25.8799741
−173.93702
25.8802342
−173.94445
25.8802343
−173.94602
25.8806244
−173.95530
25.8852645
−173.99537
25.9054846
−174.00031
25.9079747
−174.00548
25.9105848
−174.02703
25.9216749
−174.09677
25.9569650
−174.11041
25.9639651
−174.11155
25.9653852
−174.11498
25.9706753
−174.12111
25.9789254
−174.12311
25.9812455
−174.12483
25.9827956
−174.14281
25.9991657
−174.14396
26.0001958
−174.14453
26.0008359
−174.14595
26.0056060
−174.15196
26.0219461
−174.15682
26.0356062
−174.15782
26.0383163
−174.15839
26.0408964
−174.15867
26.0429565
−174.15839
26.0519766
−174.15740
26.0889167
−174.15668
26.1064368
−174.15669
26.1161769
−174.15600
26.1203870
−174.13944
26.1639171
−174.13478
26.1750572
−174.12292
26.1844973
−174.09565
26.2057674
−174.08837
26.2112975
−174.08723
26.2120676
−174.08651
26.2123277
−174.08452
26.2125878
−174.07352
26.2141279
−174.05468
26.2168280
−174.05239
26.2172181
−174.05082
26.2172182
−174.01328
26.2145183
−173.98436
26.2125884
−173.95210
26.1937985
−173.93939
26.1862086
−173.93511
26.1835087
−173.93411
26.1826088
−173.93140
26.1795189
−173.91733
26.1638990
−173.90177
26.1462591
−173.89892
26.1432992
−173.89749
26.1420093
−173.89663
26.1412394
−173.88792
26.1356995
−173.88360
26.1329296
−173.87247
26.1253297
−173.86333
26.1194098
−173.86176
26.1179899
−173.85890
26.11566100
−173.84391
26.10291101
−173.83458
26.09485102
−173.82473
26.08661103
−173.82373
26.08545104
−173.82216
26.08261
 Table 4—Coordinates for Kamole (Laysan Island) SPA
Point No.
Longitude
Latitude1
−171.79754
25.900622
−171.77776
25.900283
−171.76856
25.900404
−171.76743
25.900175
−171.76440
25.899606
−171.72850
25.893007
−171.68258
25.884768
−171.67766
25.883859
−171.67552
25.8832810
−171.67325
25.8826011
−171.65713
25.8771412
−171.63979
25.8715313
−171.63303
25.8692014
−171.62757
25.8673215
−171.62656
25.8668616
−171.62568
25.8659517
−171.62502
25.8650718
−171.61749
25.8549019
−171.60335
25.8359320
−171.60146
25.8331921
−171.60007
25.8268122
−171.59667
25.8098423
−171.59327
25.7924524
−171.59327
25.7916525
−171.60171
25.7662426
−171.60528
25.7611527
−171.61460
25.7473628
−171.61775
25.7428029
−171.61863
25.7416630
−171.62266
25.7377931
−171.63183
25.7285032
−171.63489
25.7254033
−171.63640
25.7241534
−171.65101
25.7170835
−171.65341
25.7157136
−171.65643
25.7135437
−171.66122
25.7073938
−171.66827
25.7003239
−171.66915
25.7000940
−171.70065
25.6922241
−171.70153
25.6921042
−171.70216
25.6924543
−171.70695
25.6973544
−171.70879
25.6991645
−171.70980
25.6998546
−171.71156
25.7001947
−171.72781
25.7002748
−171.73461
25.7003049
−171.73537
25.7000750
−171.75112
25.6922151
−171.75162
25.6919852
−171.75351
25.6918653
−171.77795
25.6920954
−171.78475
25.6919855
−171.79678
25.6980056
−171.80964
25.7044357
−171.81782
25.7085358
−171.81846
25.7094659
−171.83395
25.7322560
−171.83916
25.7403061
−171.84621
25.7506762
−171.85049
25.7569463
−171.85175
25.7590064
−171.85377
25.7629865
−171.86802
25.7915466
−171.86827
25.7923467
−171.86991
25.8003168
−171.87319
25.8169569
−171.87634
25.8325270
−171.87634
25.8334371
−171.87596
25.83457( print page 15305)72
−171.86853
25.8440273
−171.83837
25.8800374
−171.83602
25.8824675
−171.83519
25.8833576
−171.83459
25.8837677
−171.83330
25.8843778
−171.82477
25.8887479
−171.82223
25.8900480
−171.80446
25.8988081
−171.80283
25.8996082
−171.80106
25.9001783
−171.79754
25.90062
 Table 5—Coordinates for Kamokuokamohoali'i (Maro Reef) SPA
Point No.
Longitude
Latitude1
−170.51849
25.566892
−170.42884
25.484293
−170.40989
25.466844
−170.36498
25.396155
−170.35211
25.375206
−170.38052
25.318617
−170.41008
25.259008
−170.42639
25.250509
−170.49312
25.2550010
−170.54275
25.2584911
−170.59335
25.2838012
−170.65120
25.2999913
−170.71939
25.3098214
−170.76864
25.3170415
−170.80164
25.3333616
−170.81026
25.3586617
−170.86881
25.3920618
−170.89413
25.4507119
−170.90203
25.5256220
−170.90204
25.5500021
−170.87689
25.5837922
−170.80870
25.6263123
−170.77706
25.6338624
−170.71015
25.6337025
−170.68577
25.6170926
−170.57600
25.5919427
−170.52174
25.5683528
−170.51849
25.56689
 Table 6—Coordinates for 'O
                                        ̄
                                        nu
                                        ̄
                                        nui and 'O
                                        ̄
                                        nuiki (Gardner Pinnacles) SPA
Point ID
Longitude
Latitude1
−167.90376
24.428832
−167.95520
24.411303
−167.99102
24.420204
−168.00495
24.438205
−168.00858
24.457656
−168.01169
24.474847
−168.01779
24.508558
−168.05095
24.575499
−168.08488
24.5919610
−168.10261
24.6381911
−168.12654
24.7000112
−168.12689
24.7029913
−168.13443
24.7750214
−168.15180
24.8171815
−168.15133
24.8262916
−168.15166
24.8835317
−168.16317
24.8939418
−168.22632
24.9500719
−168.26782
25.0086820
−168.27946
25.0656221
−168.26946
25.0933722
−168.25241
25.1041123
−168.24399
25.1243824
−168.22776
25.1658225
−168.19810
25.1822226
−168.14391
25.1919627
−168.08884
25.1933028
−168.04250
25.1741429
−167.98399
25.1243430
−167.93393
25.0705331
−167.92639
25.0423732
−167.94327
25.0131233
−167.94328
24.9422334
−167.92440
24.9065735
−167.90375
24.8838736
−167.89337
24.8509637
−167.89917
24.7468538
−167.87394
24.6304239
−167.87471
24.5906340
−167.86815
24.5639041
−167.87627
24.4931842
−167.88943
24.4560743
−167.89140
24.4505244
−167.90376
24.42883
 Table 7—Coordinates for Lalo (French Frigate Shoals) SPA
Point No.
Longitude
Latitude1
−165.88287
24.043022
−165.81715
24.033633
−165.81598
24.033464
−165.68957
24.015615
−165.61030
24.004206
−165.58476
24.000537
−165.58475
23.990138
−165.58469
23.899019
−165.58473
23.8817110
−165.58487
23.8270611
−165.58493
23.8051012
−165.58474
23.7460613
−165.58467
23.7220914
−165.58477
23.6913915
−165.58493
23.6417316
−165.58492
23.6401517
−165.58472
23.5581418
−165.58465
23.5310419
−165.58492
23.5004720
−165.68850
23.5153321
−165.82902
23.5350822
−165.88403
23.5430723
−165.90329
23.5458624
−165.90597
23.5462525
−165.99383
23.5590026
−166.03245
23.5644727
−166.08499
23.5719028
−166.10117
23.5742029
−166.13444
23.5789230
−166.16019
23.5825731
−166.19002
23.5868132
−166.22864
23.5922933
−166.23919
23.5937834
−166.26236
23.5970735
−166.28601
23.6004336
−166.33447
23.6073337
−166.35885
23.6108038
−166.37208
23.6126939
−166.39868
23.6164840
−166.40303
23.6171041
−166.40724
23.6177042
−166.50660
23.6318643
−166.60789
23.6464344
−166.72350
23.6630745
−166.92987
23.6884146
−166.92855
23.7450547
−166.92820
23.7848548
−166.92779
23.8312449
−166.92817
23.8374950
−166.92683
23.9295351
−166.92567
24.0046052
−166.92523
24.0331553
−166.92517
24.0369954
−166.90344
24.0366455
−166.75320
24.0342356
−166.75144
24.1668057
−166.69607
24.1587958
−166.66261
24.1539459
−166.60150
24.1454260
−166.50010
24.1312861
−166.49143
24.1300862
−166.46034
24.1255663
−166.43233
24.1215064
−166.32588
24.1062065
−166.31489
24.1046266
−166.10509
24.0747767
−166.02473
24.0632968
−165.88287
24.04302
 Table 8—Coordinates for Mokumanamana (Necker) SPA
Point ID
Longitude
Latitude1
−164.54332
23.625742
−164.53774
23.615463
−164.53568
23.610724
−164.53436
23.602615
−164.53111
23.582916
−164.52906
23.553277
−164.52347
23.542728
−164.51842
23.535179
−164.51078
23.5225810
−164.50137
23.5181111
−164.48756
23.5104212
−164.47390
23.5028113
−164.45451
23.4923914
−164.45025
23.4886015
−164.44290
23.4807416
−164.42150
23.4729517
−164.40063
23.4652318
−164.39476
23.4634719
−164.38256
23.4633420
−164.37022
23.4637421
−164.36817
23.4630622
−164.35392
23.4581923
−164.34628
23.4554124
−164.32877
23.4495125
−164.31431
23.4377226
−164.30609
23.43154( print page 15306)27
−164.29543
23.4151228
−164.28443
23.3987329
−164.28154
23.3894630
−164.27484
23.3662931
−164.26980
23.3520132
−164.25929
23.3268733
−164.25290
23.3124034
−164.25199
23.3081835
−164.25305
23.3046736
−164.25391
23.3023237
−164.25937
23.2886838
−164.26848
23.2793239
−164.27039
23.2758040
−164.27641
23.2583041
−164.28332
23.2515242
−164.29933
23.2357843
−164.31485
23.2345744
−164.32999
23.2337545
−164.33983
23.2332146
−164.37024
23.2381047
−164.38214
23.2465148
−164.39668
23.2564149
−164.40006
23.2569550
−164.41146
23.2583351
−164.45730
23.2630852
−164.46347
23.2662053
−164.47251
23.2710054
−164.48529
23.2922955
−164.51115
23.3026056
−164.52540
23.3084357
−164.56870
23.3092558
−164.59206
23.3091259
−164.60425
23.3076360
−164.63246
23.2996361
−164.64245
23.3009862
−164.64083
23.3140063
−164.63466
23.3209164
−164.62891
23.3247965
−164.62024
23.3276466
−164.62303
23.3428267
−164.61612
23.3489268
−164.61039
23.3548869
−164.60465
23.3696270
−164.60009
23.3814171
−164.59358
23.3965672
−164.59304
23.3978073
−164.58670
23.4210674
−164.58127
23.4455875
−164.59302
23.4504576
−164.60713
23.4562877
−164.61021
23.4667178
−164.61221
23.4686879
−164.62367
23.4800680
−164.62734
23.4814181
−164.64776
23.4891382
−164.65452
23.4906283
−164.66774
23.4926584
−164.69032
23.4964485
−164.70192
23.4973886
−164.71470
23.4972587
−164.71956
23.4969388
−164.73882
23.4956489
−164.73909
23.4956290
−164.76295
23.4876391
−164.77141
23.4847992
−164.77495
23.4901793
−164.78145
23.5000494
−164.78336
23.5031595
−164.78689
23.5042396
−164.80114
23.5101997
−164.81245
23.5240098
−164.83023
23.5353799
−164.83393
23.53828100
−164.84010
23.54992101
−164.84847
23.56805102
−164.84022
23.59032103
−164.83507
23.60223104
−164.82699
23.61034105
−164.82082
23.61684106
−164.80231
23.62265107
−164.79438
23.62265108
−164.76970
23.62170109
−164.76123
23.62470110
−164.74668
23.62929111
−164.72141
23.63890112
−164.69989
23.64668113
−164.69637
23.64884114
−164.68168
23.65276115
−164.62967
23.66304116
−164.62570
23.66372117
−164.60491
23.66058118
−164.58332
23.65788119
−164.57670
23.65626120
−164.56260
23.64801121
−164.55305
23.64260122
−164.55023
23.63696123
−164.54332
23.62574
 Table 9—Coordinates for Nihoa Island SPA
Point No.
Longitude
Latitude1
−161.85602
23.068252
−161.85586
23.061453
−161.85681
23.054444
−161.85854
23.049335
−161.86360
23.038396
−161.86786
23.031827
−161.87322
23.025838
−161.88254
23.018979
−161.89754
23.0113810
−161.91456
23.0081311
−161.91743
23.0075812
−161.93400
23.0084613
−161.94876
23.0121014
−161.95413
23.0150215
−161.95873
23.0176016
−161.96534
23.0213017
−161.97875
23.0353218
−161.98075
23.0387519
−161.98502
23.0458620
−161.98748
23.0566721
−161.98809
23.0621622
−161.98748
23.0739123
−161.98297
23.0860424
−161.97743
23.0947625
−161.97071
23.1024326
−161.96076
23.1103127
−161.94498
23.1171728
−161.92966
23.1205229
−161.91767
23.1208130
−161.90064
23.1181931
−161.90062
23.1181932
−161.88846
23.1132333
−161.87906
23.1075134
−161.86691
23.0964235
−161.86217
23.0888336
−161.85933
23.0827037
−161.85665
23.0742438
−161.85602
23.06825
 Appendix E to Subpart W of Part 922—Coordinates for the Ship Reporting Area [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] The boundaries for the areas listed in this appendix, unless otherwise described in this rule, begin at Point 1 as indicated in the particular area's coordinate table and continue to each successive point in numerical order until ending at the last point in the table. Table 1—Coordinates for the Reporting Area Outer Boundary
Point No.
Longitude
Latitude1
−178.28283
29.424502
−175.23067
28.728833
−173.42967
27.012834
−171.46783
26.748505
−170.34317
26.403836
−167.53500
25.940507
−165.97817
24.836678
−161.94767
24.092009
−161.94367
24.0881710
−161.85883
24.0728311
−161.77417
24.0573312
−161.68983
24.0401713
−161.60583
24.0218314
−161.52583
23.9946715
−161.44750
23.9641716
−161.37183
23.9256717
−161.29867
23.8826718
−161.22867
23.8353319
−161.16800
23.7823320
−161.10783
23.7248321
−161.05150
23.6618322
−161.00233
23.5953323
−160.95767
23.5265024
−160.92050
23.4553325
−160.89517
23.3790026
−160.86950
23.3048327
−160.85067
23.2261728
−160.84100
23.1446729
−160.83617
23.0616730
−160.83917
22.9778331
−160.85067
22.8973332
−160.87000
22.8185033
−160.89267
22.7410034
−160.92533
22.6671735
−160.96133
22.5955036
−161.00417
22.5256737
−161.05383
22.4595038
−161.11067
22.3960039
−161.17050
22.3373340
−161.23550
22.2836741
−161.30567
22.2340042
−161.38000
22.1891743
−161.45750
22.1531744
−161.53517
22.1215045
−161.61567
22.0978346
−161.69817
22.07700( print page 15307)47
−161.78483
22.0656748
−161.87267
22.0568349
−161.95850
22.0568350
−162.04717
22.0636751
−162.13400
22.0748352
−162.21867
22.0905053
−162.27350
22.0995054
−162.28083
22.1048355
−164.78783
22.5761756
−166.63717
22.7933357
−168.46517
24.0636758
−170.75650
24.4293359
−171.88383
24.7756760
−174.47850
25.1266761
−176.59183
27.0970062
−178.64433
27.4553363
−178.72600
27.4821764
−178.80667
27.5106765
−178.88267
27.5456766
−178.95500
27.5843367
−179.02483
27.6315068
−179.09333
27.6816769
−179.15683
27.7361770
−179.21417
27.7956771
−179.26667
27.8575072
−179.31367
27.9220073
−179.35217
27.9888374
−179.38583
28.0581775
−179.41267
28.1303376
−179.43633
28.2051777
−179.45083
28.2825078
−179.46050
28.3601779
−179.46283
28.4363380
−179.45800
28.5145081
−179.44917
28.5935082
−179.42917
28.6681783
−179.40517
28.7410084
−179.37500
28.8116785
−179.34050
28.8801786
−179.29617
28.9451787
−179.24867
29.0096788
−179.19483
29.0696789
−179.13667
29.1270090
−179.07283
29.1810091
−179.00350
29.2293392
−178.92967
29.2706793
−178.85433
29.3085094
−178.77500
29.3408395
−178.69450
29.3710096
−178.61067
29.3920097
−178.52567
29.4088398
−178.43850
29.4193399
−178.34867
29.42367100
−178.27833
29.42150101
−178.28283
29.42450
 Table 2—Coordinates of the Inner Reporting Area Boundary Around Ho
                                        ̄
                                        laniku
                                        ̄
                                         (Kure Atoll), Kuaihelani (Midway Atoll), Manawai (Pearl and Hermes Atoll) Area To Be Avoided (ATBA)
Point No.
Longitude
Latitude1
−175.78700
27.012172
−175.87900
27.011333
−175.96933
27.018174
−176.05883
27.033175
−176.14683
27.055676
−176.23183
27.085337
−176.31317
27.122838
−176.39000
27.166339
−176.46233
27.2170010
−176.47833
27.2295011
−176.49783
27.2460012
−177.55517
27.4158313
−178.49833
27.5978314
−178.56550
27.6106715
−178.62200
27.6255016
−178.67750
27.6433317
−178.73167
27.6641718
−178.78417
27.6880019
−178.83500
27.7148320
−178.88383
27.7443321
−178.93050
27.7765022
−178.97483
27.8111723
−179.01667
27.8481724
−179.05650
27.8870025
−179.09350
27.9281726
−179.12683
27.9715027
−179.15783
28.0168328
−179.18500
28.0635029
−179.20883
28.1118330
−179.22917
28.1611731
−179.24583
28.2116732
−179.25900
28.2630033
−179.26850
28.3151734
−179.27417
28.3673335
−179.27600
28.4120036
−179.27617
28.4200037
−179.27600
28.4301738
−179.27400
28.4725039
−179.26833
28.5248340
−179.25900
28.5768341
−179.24583
28.6281742
−179.22900
28.6785043
−179.20900
28.7280044
−179.18550
28.7763345
−179.15867
28.8231746
−179.12833
28.8685047
−179.09500
28.9120048
−179.05850
28.9535049
−179.01917
28.9930050
−178.97700
29.0301751
−178.93217
29.0650052
−178.88500
29.0971753
−178.83550
29.1266754
−178.78400
29.1535055
−178.73067
29.1773356
−178.67567
29.1981757
−178.61933
29.2158358
−178.56183
29.2303359
−178.50350
29.2416760
−178.44433
29.2498361
−178.38467
29.2546762
−178.32483
29.2560063
−178.26500
29.2541764
−178.20533
29.2490065
−178.14633
29.2405066
−177.20117
29.0578367
−177.12150
29.0425068
−175.59117
28.6493369
−175.57250
28.6445070
−175.32900
28.5818371
−175.17750
28.4373372
−175.14917
28.4101773
−175.15067
28.4088374
−175.08183
28.3348375
−175.03200
28.2675076
−174.98883
28.1963377
−174.95383
28.1215078
−174.92800
28.0438379
−174.91033
27.9640080
−174.90083
27.8835081
−174.90083
27.8020082
−174.91033
27.7213383
−174.92850
27.6413384
−174.95533
27.5635085
−174.99050
27.4883386
−175.03383
27.4166787
−175.08450
27.3488388
−175.14317
27.2863389
−175.20783
27.2288390
−175.27783
27.1765091
−175.35417
27.1313392
−175.43483
27.0928393
−175.51917
27.0610094
−175.60667
27.0370095
−175.69633
27.0215096
−175.78700
27.01217
 Table 3—Coordinates for the Inner Reporting Area Boundary Around 'O
                                        ̄
                                        nu
                                        ̄
                                        i and 'O
                                        ̄
                                        nuiki (Gardner Pinnacles), Lalo (French Frigate Shoals), Mokumanamana (Necker) ATBA
Point No.
Longitude
Latitude1
−168.00150
25.836332
−167.87767
25.827333
−167.87750
25.828334
−167.80583
25.816505
−167.61200
25.784836
−167.44133
25.664007
−167.32983
25.585008
−166.75000
25.173839
−166.05600
24.6818310
−165.58317
24.5940011
−164.51867
24.3963312
−164.51900
24.3931713
−164.49567
24.3885014
−164.40867
24.3641715
−164.32317
24.3350016
−164.24267
24.2958317
−164.16617
24.2498318
−164.09483
24.1976719
−164.03000
24.1383320
−163.97050
24.0746721
−163.92033
24.0045022
−163.87650
23.9308323
−163.84267
23.85283( print page 15308)24
−163.81633
23.7721725
−163.79983
23.6895026
−163.79267
23.6056727
−163.79333
23.5211728
−163.80467
23.4378329
−163.82500
23.3556730
−163.85233
23.2755031
−163.89117
23.1993332
−163.93583
23.1256733
−163.98967
23.0576734
−164.05017
22.9941735
−164.11833
22.9378336
−164.19150
22.8870037
−164.26967
22.8433338
−164.35267
22.8080039
−164.43800
22.7788340
−164.52667
22.7581741
−164.61717
22.7471742
−164.70850
22.7441743
−164.79983
22.7486744
−164.82533
22.7518345
−164.85800
22.7565046
−164.85883
22.7528347
−165.58317
22.8376748
−166.32717
22.9250049
−166.38867
22.9321750
−166.60000
22.9568351
−166.75000
23.0625052
−166.79083
23.0913353
−168.38100
24.2116754
−168.37967
24.2146755
−168.45467
24.2675056
−168.52767
24.3191757
−168.59917
24.3711758
−168.66567
24.4285059
−168.72583
24.4918360
−168.77717
24.5611761
−168.82150
24.6343362
−168.85767
24.7113363
−168.88533
24.7908364
−168.90467
24.8723365
−168.91367
24.9553366
−168.91583
25.0386767
−168.90717
25.1216768
−168.88867
25.2031769
−168.86267
25.2831770
−168.82667
25.3595071
−168.78217
25.4323372
−168.73100
25.5015073
−168.67367
25.5648374
−168.60867
25.6228375
−168.53733
25.6748376
−168.46133
25.7206777
−168.38033
25.7595078
−168.29600
25.7905079
−168.20783
25.8131780
−168.11817
25.8286781
−168.02700
25.8351782
−168.00150
25.83633
 Table 4—Coordinates for Inner Reporting Area Boundary Around the Kapou (Lisianski Island), Kamole (Laysan Island), Kamokuokamohoali'i (Maro Reef), Raita Bank ATBA
Point No.
Longitude
Latitude1
−173.56150
26.852172
−173.51450
26.845833
−173.51317
26.848174
−171.62833
26.600005
−171.56400
26.591506
−171.51400
26.585007
−171.45833
26.567838
−171.41933
26.555839
−170.38400
26.2376710
−169.81600
26.1448311
−169.81717
26.1393312
−169.76383
26.1270013
−169.67617
26.1005014
−169.59400
26.0661715
−169.51517
26.0251716
−169.44083
25.9775017
−169.37233
25.9220018
−169.31000
25.8611719
−169.25317
25.7963320
−169.20567
25.7256721
−169.16550
25.6508322
−169.13467
25.5728323
−169.11267
25.4923324
−169.09883
25.4101725
−169.09400
25.3271726
−169.09883
25.2441727
−169.11100
25.1615028
−169.13367
25.0808329
−169.16600
25.0028330
−169.20583
24.9276731
−169.25233
24.8558332
−169.30800
24.7895033
−169.37033
24.7281734
−169.43850
24.6723335
−169.51300
24.6236736
−169.59400
24.5833337
−169.67767
24.5503338
−169.76467
24.5223339
−169.85133
24.5051740
−169.94217
24.4946741
−170.03017
24.4926742
−170.07617
24.4935043
−170.73983
24.5961744
−170.79300
24.6048345
−170.83950
24.6196746
−170.86950
24.6293347
−171.83650
24.9371748
−174.41400
25.2768349
−174.64083
25.4926750
−174.70050
25.5546751
−174.75333
25.6221752
−174.79733
25.6946753
−174.83417
25.7705054
−174.86283
25.8488355
−174.88183
25.9300056
−174.89117
26.0118357
−174.89350
26.0945058
−174.88450
26.1765059
−174.86800
26.2576760
−174.84283
26.3366761
−174.80733
26.4125062
−174.76567
26.4858363
−174.71600
26.5543364
−174.65817
26.6185065
−174.59383
26.6766766
−174.52383
26.7291767
−174.44783
26.7748368
−174.36817
26.8150069
−174.28383
26.8465070
−174.19650
26.8700071
−174.10717
26.8868372
−174.01633
26.8956773
−173.92467
26.8956774
−173.83367
26.8881775
−173.74300
26.8760076
−173.65233
26.8641777
−173.56150
26.85217
 Table 5—Coordinates for the Inner Reporting Area boundary Around Nihoa ATBA
Point No.
Longitude
Latitude1
−161.78483
23.880332
−161.74450
23.873173
−161.74233
23.880334
−161.68667
23.868335
−161.63200
23.853006
−161.57850
23.834677
−161.52633
23.813178
−161.47583
23.788839
−161.42700
23.7615010
−161.38017
23.7313311
−161.33550
23.6986712
−161.29333
23.6633313
−161.25350
23.6256714
−161.21650
23.5856715
−161.18217
23.5436716
−161.15083
23.4998317
−161.12250
23.4541718
−161.09750
23.4070019
−161.07567
23.3585020
−161.05717
23.3086721
−161.04217
23.2580022
−161.03067
23.2065023
−161.02250
23.1545024
−161.01817
23.1021725
−161.01717
23.0495026
−161.01983
22.9970027
−161.02617
22.9448328
−161.03583
22.8930029
−161.04917
22.8418330
−161.06583
22.7916731
−161.08583
22.7425032
−161.10900
22.6945033
−161.13550
22.6480034
−161.16500
22.6031735
−161.19750
22.5601736
−161.23283
22.5190037
−161.27083
22.4801738
−161.31150
22.4435039
−161.35433
22.4093340
−161.39950
22.3776741
−161.44667
22.3486742
−161.49567
22.3225043
−161.54633
22.2991744
−161.59833
22.2788345
−161.65167
22.26167( print page 15309)46
−161.70617
22.2475047
−161.76133
22.2366748
−161.81717
22.2288349
−161.87350
22.2245050
−161.93000
22.2233351
−161.98633
22.2255052
−162.04250
22.2308353
−162.09083
22.2385054
−162.09817
22.2395055
−162.11467
22.2431756
−162.20300
22.2645057
−162.28850
22.2950058
−162.37000
22.3328359
−162.44733
22.3788360
−162.51917
22.4313361
−162.58483
22.4901762
−162.64350
22.5546763
−162.69533
22.6245064
−162.73900
22.6988365
−162.77450
22.7771766
−162.80083
22.8580067
−162.81817
22.9410068
−162.82633
23.0250069
−162.82483
23.1096770
−162.81483
23.1935071
−162.79500
23.2761772
−162.76633
23.3560073
−162.72917
23.4336774
−162.68350
23.5066775
−162.63050
23.5751776
−162.56967
23.6376777
−162.50300
23.6948378
−162.42983
23.7453379
−162.35183
23.7893380
−162.26933
23.8258381
−162.18317
23.8540082
−162.09383
23.8740083
−162.00417
23.8856784
−161.91250
23.8893385
−161.82133
23.8848386
−161.78483
23.88033
 Appendix F to Subpart W of Part 922—IMO Standard Reporting Format and Data Syntax for Ship Reporting System Telegraphy
Function
Information required
Example field textSystem identifier
CORAL SHIPREP //
CORAL SHIPREP //A
Ship
Vessel name/call sign/flag/IMO number/Federal documentation or State registration number if applicable //
A/OCEAN VOYAGER/C5FU8/BAHAMAS/IMO 9359165/B
Date, time (UTC), and month of entry
A 6-digit group giving day of month (first two digits), hours and minutes (last four digits) in coordinated universal time, suffixed by the letter Z (indicating time in UTC), and three letters indicating month //
B/271107Z DEC//C
Position
A 4-digit group giving latitude in degrees and minutes, suffixed with the letter N (indicating north), followed by a single /, and a five-digit group giving longitude in degrees and minutes, suffixed with the letter W (indicating west) // [Report in the World Geodetic System 1984 Datum (WGS-84)]
C/2728N/17356W//E
True course
3 digit number indicating true course
E/180//F
Speed in knots and tenths
3-digit group indicating knots decimal tenths //
F/20.5//I
Destination and estimated time of arrival
Name of port city/country/estimated arrival date and time group expressed as in (B) //
I/SEATTLE/USA/311230Z DEC//L
Intended route through the reporting area
Route information should be reported as a direct rhumbline (RL) course through the reporting area and intended speed (expressed as in E and F) or a series of waypoints (WP). Each waypoint entry should be reported as latitude and longitude, expressed as in (C), and intended speed between waypoints (as in F) // (
                                            *Note:*
                                             As many “L” lines as needed may be used to describe the vessel's intended route.)
L/RL/215/20.5//
                                             -OR- 
                                             L/WP/2734N/17352W/20.5// 
                                             L/WP/2641N/17413W/20.5// 
                                             L/WP/2605N/17530W/20.5//O
Vessel draft in meters
Maximum present static draft reported in meters decimal centimeters //
O/11.50//P
Categories of Hazardous Cargoes *
Classification Code (e.g., IMDG, IBC, IGC, INF) / and all corresponding Categories of Hazardous Cargoes (delimited by commas) // 
                                            *Note:*
                                             If necessary, use a separate “P” line for each type of Classification Code
P/IMDG/1.4G,2.1,2.2,2.3,3,4.1,6.1,8,9//Q
Defects or deficiencies **
Brief details of defects, damage, deficiencies or limitations that restrict maneuverability or impair normal navigation // (If none, enter the number zero.)
Q/Include details as required//R
Pollution incident or goods lost overboard **
Description of pollution incident or goods lost overboard within the Monument, the Reporting Area, or the U.S. Exclusive Economic Zone// (If none, enter the number zero.)
R/0//T
Contact information of ship's agent or owner
Name/address/and phone number of ship's agent or owner //
T/JOHN DOE/GENERIC SHIPPING COMPANY INC, 6101 ACME ROAD, ROOM 123, CITY, STATE, COUNTRY 12345/123-123-1234//U
Ship size (length overall and gross tonnage) and type
Length overall reported in meters decimal centimeters/number of gross tons/type of ship (e.g. bulk carrier, chemical tanker, oil tanker, gas tanker, container, general cargo, fishing vessel, research, passenger, OBO, RORO) //
U/294.14/54592/CONTAINER SHIP//W
Persons
Total number of persons on board //
W/15//*TABLE NOTES** Categories of hazardous cargoes means goods classified in the International Maritime Dangerous Goods (IMDG) Code; substances classified in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code); oils as defined in MARPOL Annex I; noxious liquid substances as defined in MARPOL Annex II; harmful substances as defined in MARPOL Annex III; and radioactive materials specified in the Code for the Safe Carriage of the Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes in Flasks on Board Ships (INF Code).
                                        ( print page 15310)** In accordance with the provisions of the MARPOL Convention, ships must report information relating to defects, damage, deficiencies or other limitations as well as, if necessary, information relating to pollution incidents or loss of cargo. Safety related reports must be provided to CORAL SHIPREP without delay should a ship suffer damage, failure or breakdown affecting the safety of the ship (Item Q), or if a ship makes a marked deviation from a route, course or speed previously advised (Item L). Pollution or cargo lost overboard must be reported without delay (Item R).


[FR Doc. 2024-03820 Filed 2-29-24; 8:45 am] BILLING CODE 3510-NK-P