[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Notices]
[Pages 77222-77227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31167]



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Part VI





Department of Commerce





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National Oceanic and Atmospheric Administration



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Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve; Request for 
Comments on the President's Conservation Measures and Proposal to Make 
Permanent the Reserve Preservation Areas; and Call for Applications for 
Representatives to the Coral Reef Ecosystem Council; Notices

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / 
Notices

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Request for Comments on the President's Conservation Measures and 
Proposal To Make Permanent the Reserve Preservation Areas in the 
Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve

AGENCY: National Oceanic and Atmospheric Administration, Department of 
Commerce (DOC).

ACTION: Request for comments; notice of public hearings.

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SUMMARY: On December 4, 2000, President William Jefferson Clinton 
signed Executive Order 13178 establishing the Northwestern Hawaiian 
Islands Coral Reef Ecosystem Reserve (Reserve), pursuant to the 
National Marine Sanctuaries Amendments Act of 2000 (Act). As part of 
the establishment of the Reserve, the President established certain 
conservation measures that restrict activities throughout the Reserve 
and created Reserve Preservation Areas around various islands and banks 
within the Reserve where consumptive or extractive uses are prohibited 
except as otherwise specified in the Executive Order. Under the Act, 
closure areas may become permanent after adequate public review and 
comment. Through this notice, the President is seeking public comment 
on making the Reserve Preservation Areas permanent. The President is 
also seeking public comment on the conservation measures established 
for the Reserve. These measures are to provide strong and lasting 
protection for the coral reef ecosystem and related marine resources 
and species of the Reserve (Reserve resources). The public may submit 
written comments to the Secretary of Commerce on the President's 
behalf. The President has also directed the Secretary to hold seven (7) 
public hearings to accept written and oral comments on his behalf.

DATES: Comments will be considered if postmarked no later than January 
8, 2001.

ADDRESSES: Comments may be mailed to Roger Griffis, NOAA, Office of 
Policy and Strategic Planning, Room 6117, 14th & Constitution Ave NW, 
Washington, D.C. 20230-0001 or faxed to (301) 713-4306. Comments can 
also be submitted electronically via the website at 
hawaiireef.noaa.gov, or by email to <a href="/cdn-cgi/l/email-protection#9ef6ffe9fff7f7fdf1f3f3fbf0eaeddef0f1ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="3850594f5951515b5755555d564c4b7856575959165f574e">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For further information, or to request 
an information packet on the President's proposal, please contact Roger 
Griffis at (866) 616-3605, or visit the web site at hawaiireef.noaa.gov

SUPPLEMENTARY INFORMATION:
    On December 4, 2000 President William Jefferson Clinton signed 
Executive Order 13178 establishing the Northwestern Hawaiian Islands 
Coral Reef Ecosystem Reserve, pursuant to section 6 of the National 
Marine Sanctuaries Amendments Act of 2000 (Act), Pub. L. 106-513 (11/
13/00). The Reserve encompasses an area of the marine waters and 
submerged lands of the Northwestern Hawaiian Islands extending 
approximately 1200 nautical miles long and 100 nautical miles wide. The 
Reserve is adjacent to and seaward of the boundary of Hawaii State 
waters and submerged lands and the Midway Atoll National Wildlife 
Refuge, and includes the Hawaiian Islands National Wildlife Refuge to 
the extent it extends beyond Hawaii State waters and submerged lands. 
The Reserve will be managed by the Secretary of Commerce, or his or her 
designee (hereafter ``Secretary'') under the National Marine 
Sanctuaries Act and the Executive Order. The Secretary will also 
initiate the process to designate the Reserve as a National Marine 
Sanctuary. The management principles and implementation strategy and 
requirements for the Reserve are found in the Executive Order that is 
part of the information package that may be obtained at the address 
above, or can be found on the web site listed above.

Conservation Measures

    The Executive Order contains the following conservation measures 
that apply throughout the Reserve.
    Commercial Fishing. The order provides that all currently existing 
commercial federal fishing permits and current levels of fishing effort 
and take, as determined by the Secretary and pursuant to regulations in 
effect on the date of this order shall be capped as follows:
    <bullet> No commercial fishing may occur in Reserve Preservation 
Areas, except as expressly allowed in the Executive Order;
    <bullet> There shall be no increase in the number of permits of any 
particular type of fishing (such as for bottomfishing) beyond the 
number of permits of that type in effect the year preceding the date of 
the Executive Order;
    <bullet> The level of aggregate take under all permits of any 
particular type of fishing may not exceed the aggregate level of take 
under all permits of that type of fishing over the year preceding the 
date of this order, as determined by the Secretary, provided that the 
Secretary shall equitably divide the aggregate level into individual 
levels per permit, and further provided that the Secretary may make a 
one-time reasonable increase to the total aggregate to allow for the 
use of two Native Hawaiian bottomfishing permits;
    <bullet> There shall be no permits issued for any particular type 
of fishing for which there were no permits issued in the year preceding 
the date of the Executive Order;
    <bullet> The type of fishing gear used by any permit holder may not 
be changed except as provided below.
    Recreational Fishing--All currently existing (preceding the date of 
the Executive Order) levels of recreational fishing effort, as 
determined by the Secretary and pursuant to regulations in effect on 
the day of this order, shall be capped (i.e., no increase of take 
levels or levels of fishing effort, species targeted, or change in gear 
types) throughout the Reserve. However, fishing is further restricted 
in Reserve Preservation Areas.
    The Secretary, after consultation with the Secretary of the 
Interior and Governor of the State of Hawaii, and after public review 
and comment and consideration of any advice or recommendations of the 
Reserve Council and Western Pacific Regional Fishery Management 
Council, may further restrict fishing activities if necessary to 
protect Reserve resources, or may authorize or require alternate gear 
types if such gear would offer equal or greater protection for Reserve 
resources.
    In addition to the conservation measures described above, the 
following activities are prohibited throughout the Reserve:
    (1) Exploring for, developing, or producing oil, gas or minerals;
    (2) Having a vessel anchored on any living or dead coral with an 
anchor, anchor chain, or anchor line/rope when visibility is such that 
the seabed can be seen;
    (3) Drilling into, dredging or otherwise altering the seabed; or 
constructing, placing or abandoning any structure, material or other 
matter on the seabed, except as an incidental result of anchoring 
vessels;
    (4) Discharging or depositing any material or other matter into the 
Reserve, or discharging or depositing any material or other matter 
outside the Reserve that subsequently enters the Reserve and injures 
any resource of the Reserve, except fish parts (i.e., chumming material 
or bait) used in and during authorized fishing operations, or 
discharges incidental to vessel use such as deck wash, approved marine

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sanitation device effluent, cooling water and engine exhaust; and
    (5) Removing, moving, taking, harvesting, or damaging any living or 
non-living Reserve resource, except as described above, in certain 
Reserve Preservation Areas, and for Native Hawaiian non-commercial 
subsistence, cultural or religious uses as described below.
    The Executive Order provides that the Secretary may conduct, or 
authorize by permit, activities listed in paragraphs (3)-(5) above 
necessary for research, monitoring, education, or management activities 
that further the Management Principles of the Executive Order.

Reserve Preservation Areas

    In addition to the Reserve-wide conservation measures, the 
Executive Order establishes fifteen (15) Reserve Preservation Areas 
where all consumptive activities are prohibited except as expressly 
provided in the Executive Order. These areas provide a greater level of 
protection to the coral reef ecosystem resources in certain areas in 
the Reserve. The President has proposed to make these Reserve 
Preservation Areas permanent. The Executive Order establishes the 
Reserve Preservation Areas as follows:
    1. From the seaward boundary of Hawaii State waters and submerged 
lands to a mean depth of 100 fathoms around--

A. Nihoa Island, provided that bottomfishing in accordance with the 
conservation measures described above shall be allowed to continue 
seaward of a mean depth of 10 fathoms, unless and until the Secretary 
determines otherwise after adequate public review and comment;
B. Necker Island, provided that bottomfishing in accordance with the 
conservation measures described above shall be allowed to continue 
seaward of a mean depth of 20 fathoms, unless and until the Secretary 
determines otherwise after adequate public review and comment;
C. French Frigate Shoals;
D. Gardner Pinnacles, provided that bottomfishing in accordance with 
the conservation measures described above shall be allowed to continue 
seaward of a mean depth of 10 fathoms, unless and until the Secretary 
determines otherwise after adequate public review and comment;
E. Maro Reef, provided that bottomfishing in accordance with the 
conservation measures described above shall be allowed to continue 
seaward of a mean depth of 20 fathoms, unless and until the Secretary 
determines otherwise after adequate public review and comment;
F. Laysan Island, provided that bottomfishing in accordance with the 
conservation measures described above shall be allowed to continue 
seaward of a mean depth of 50 fathoms, unless and until the Secretary 
determines otherwise after adequate public review and comment;
G. Lisianski Island, provided that bottomfishing in accordance with the 
conservation measures described above shall be allowed to continue 
seaward of a mean depth of 50 fathoms, unless and until the Secretary 
determines otherwise after adequate public review and comment;
H. Pearl and Hermes Atoll; and
I. Kure Island.

    2. 12 nautical miles around the approximate geographical centers 
of--

A. The first bank immediately east of French Frigate Shoals;
B. Southeast Brooks Bank, which is the first bank immediately west of 
French Frigate Shoals, provided that the closure area shall not be 
closer than approximately 3 nautical miles of the next bank immediately 
west;
C. St. Rogatien Bank, provided that the closure area shall not be 
closer than approximately 3 nautical miles of the next bank immediately 
east, provided further that bottomfishing in accordance with the 
conservation measures described above shall be allowed to continue, 
unless and until the Secretary determines otherwise after adequate 
public review and comment;
D. The first bank west of St. Rogatien Bank, east of Gardner Pinnacles;
E. Raita Bank; and
F. Pioneer Bank, provided that bottomfishing in accordance with the 
conservation measures described above shall be allowed to continue, 
unless and until the Secretary determines otherwise after adequate 
public review and comment.

    In addition to the conservation measures (described above) that 
apply throughout the Reserve, the Executive Order provides that the 
following activities are prohibited within the Reserve Preservation 
Areas.
    (1) Commercial and recreational fishing (except existing 
bottomfishing where expressly allowed in the Executive Order as 
indicated above);
    (2) Anchoring in any area that contains available mooring buoys, or 
anchoring outside an available anchoring area when such area has been 
designated by the Secretary;
    (3) Any type of touching or taking of living or dead coral;
    (4) Discharging or depositing any material or other matter except 
cooling water or engine exhaust; and
    (5) Such other activities the Secretary identifies after adequate 
public review and comment, and after consideration of any advice and 
recommendations of the Reserve Council.
    The Executive Order provides that the Secretary may conduct, or 
authorize by permit, research, monitoring, education or management 
activities within any Reserve Preservation Area that further the 
Management Principles of section 4 of the Executive Order.
    The Executive Order provides that Native Hawaiian non-commercial 
subsistence, cultural, or religious uses may continue, to the extent 
consistent with existing law, within the Reserve and Reserve 
Preservation Areas. The Secretary shall work with Native Hawaiian 
interests to identify those areas where such Native Hawaiian uses of 
the Reserve's resources may be conducted without injury to the 
Reserve's coral reef ecosystem and related marine resources and 
species, and may revise the areas where such activities may occur after 
public review and comment and consideration of any advice and 
recommendations of the Reserve Council.
    The Executive Order provides that the Reserve Preservation Areas 
are approximated using fathoms, but the Secretary will develop 
straight-line boundaries in longitude and latitude coordinates to 
clearly encompass each Reserve Preservation Area and to provide clarity 
and ease of identification. The Secretary may make technical 
modifications to any such boundaries.
    The following are individual descriptions of the Reserve 
Preservation Areas and the resources that are protected within each 
area.

NIHOA Island Reserve Preservation Area

    Nihoa Island, also known as Bird Island, lies 130 miles (245 km) 
northwest of Nihau. With about 170 acres of land, it is the largest 
volcanic island in the northwestern chain. The island is characterized 
by steep slopes and sheer sea cliffs, which are clearly visible from a 
distance. Nihoa's submerged coral reef habitat totals approximately 
142,000 acres and is the remnant of a former volcanic cone. The

[[Page 77224]]

northern edge of the reef is a steep cliff made up of successive layers 
of lava through which numerous volcanic extrusions (dikes) are visible.
    Nihoa supports coral communities with very limited total habitat, 
most of which is not protected from the heavy and chronic wave action 
that strikes this small island from all directions. These habitats 
consist of the submerged portions of sea cliffs close to shore, caves & 
lava tubes, ledges, overhangs, basalt pinnacles, boulders, cobbles, 
sand deposits, basalt benches & slopes, trenches and shelves. All of 
these features have been shaped by and are constantly eroded by the 
pounding waves. The rigorous environment and isolated nature of Nihoa 
has limited the number of corals that have successfully colonized the 
shallow habitats encircling the island. Due to the scouring effects of 
sand and turbulent waves, most of the 20 species of corals only survive 
at depths greater than 30 feet and nowhere is coral cover greater than 
25%.
    Although corals are not abundant in the shallow waters around 
Nihoa, reef fish sharks, jacks, monks seals and other predators are 
common to the island. Due to a limited number of habitat types, 
however, species diversity of reef fishes is low when compared to other 
atolls and islands in the NWHI chain. Although Nihoa was inhabited 
during the 16th century, human disturbances have been minimal in the 
nearshore waters around the island in recent times.
    The Hawaiian Islands National Wildlife Refuge is currently 
administered out to 10 fathoms at Nihoa Island.

Necker Island Reserve Preservation Area

    Necker Island is a hook-shaped dry volcanic island that includes 
about 45 acres of land. More than 380,000 acres of coral reef habitat 
are associated with the island.
    With regard to reef and coral development, Necker Island resembles 
Nihoa Island in several respects. Necker is a small island unable to 
buffer the impacts of strong waves that can break along the submerged 
shorelines from any direction. The effects of scour (surge combined 
with sand and other sediments) is evident from the wave-cut bench in 
West Cove and the deeply cut sand channels and chasms at several 
locations in deeper water. The concentration of living corals on 
elevated surfaces is a manifestation of corals surviving better in less 
scour-prone environments.
    Although Necker is smaller than Nihoa, deeper coral reef shelf 
habitat surrounding Necker is more extensive. A broad shelf extends 
around the island, especially to the southeast, but is not shallow 
enough to protect the island from wave action. Nevertheless, the number 
of coral species at Necker is comparable to that of Nihoa (fewer than 
20) and reflects the difficulty of corals colonizing and establishing 
permanent communities in shallow water. Reef growth, if any, around 
either island is minimal and both islands have experienced the 
punishing effects of large waves as demonstrated by the high wave cut 
sea cliffs above sea level and wave planed benches and shelves below 
sea level. With the exception of small amounts of fishing line, there 
is little evidence of any human effects on the reef environments of 
Necker Island.
    Reef fishes at Necker appear healthy and abundant. Numerous grey 
reef sharks, giant Trevally jacks, gray snappers, monk seals and other 
predators have been sighted suggesting a good natural balance of the 
reef fish population. Several large manta rays have also been observed 
along with an abundance of limpets along the island's rocky surf zone.
    The Hawaiian Islands National Wildlife Refuge is currently 
administered out to 20 fathoms at Necker Island.

French Frigate Shoals Reserve Preservation Area

    French Frigate Shoals (FFS) is an 18 mile (34 km) wide, crescent-
shaped atoll. It is approximately 1,330 km northwest of Honolulu and 
approximately 1,300 km southeast of Kure Atoll. The Shoals' lagoon 
contains two exposed volcanic rocks and 12 low sandy islets. About 67 
acres of land and 230,000 acres of coral reef habitat are associated 
with FFS which makes it the largest atoll in the Northwestern Hawaiian 
Islands.
    The substrates of the atoll are predominantly reef carbonates and 
provides for abundant coral reef habitats such as deep ocean reef 
slopes, ocean reef terraces, spurs and grooves and shallow perimeter 
reef flats.
    The Shoals' semi-enclosed lagoon affords corals protection from the 
destructive effects of storms and waves and provides many other 
important reef habitats missing from exposed ocean reef environments. 
Dominated by algae, rubble and sand deposits, the lagoon also contains 
numerous pinnacles, mounds, and platforms.
    Recent surveys have shown that wave action, large ocean swells and 
periodic storms often impact FFS coral development and tend to control 
extensive reef growth. Yet, due to the complexity and quantity of its 
habitats, coral diversity and abundance is spectacular at the atoll. 
The best coral development occurs near the lagoon ends of the reef 
where exposure to waves and storms is reduced and where the influx of 
clean ocean water promotes habitat diversity and good water quality. 
Poorer reef habitats were concentrated in the shallow eastern lagoon, 
which is dominated by shallow sediment deposits, strong currents, high 
turbidity, and poor water quality.
    Because FFS is close to Johnston Atoll, where table coral species 
are abundant, it may be serving as the ``stepping stone'' for the 
recruitment of table corals (Acropora) in the Hawaiian Islands. 
Although in lesser abundance, four other islands near FFS (Necker 
Island, Gardner Pinnacles, Maro Reef, and Laysan Island) also support 
Acropora. FFS may be responsible for the distribution table coral as 
far as Kauai as well, where populations of Acropora, have also been 
recently reported.
    Derelict fishing gear and other types of marine debris are, 
however, having a major impact on the reefs and associated fauna of the 
atoll, notably monk seals. Over the past several years, efforts have 
been undertaken to lessen the threat of this growing problem.
    The Hawaiian Islands National Wildlife Refuge is currently 
administered out to 10 fathoms at French Frigate Shoals.

Gardner Pinnacles Reserve Preservation Area

    Gardner Pinnacles consists of two volcanic peaks and spans 5 acres 
in total. The peaks frosted appearance indicates their importance as a 
roosting site and breeding habitat for 12 species of tropical seabirds. 
About 600,000 acres of coral reef habitat surround the pinnacles and 
consists mostly of relatively flat banks in the 15 to 20 fathom (30 to 
40 meter) depth range. Very little survey work has been conducted over 
the banks surrounding Gardner, but the few observations that have been 
made suggest a mostly sand and algal bottom with occasional rock 
outcroppings.
    The ocean environment at Gardner Pinnacles is turbulent most of the 
time and the two small islands do not offer much protection from the 
area's heavy waves and currents. Coral at the Pinnacles is more 
abundant on elevated surfaces and behind rises or mounds that are 
protected from wave action. The high diversity of corals reflects the 
variety of habitats at the Pinnacles, while its low abundance reflects 
the wave and scour-controlled nature of the

[[Page 77225]]

environment. The lack of shallow water environments around the 
Pinnacles limits the number of reef building species that can survive 
the conditions at the reefs and powerful wave action reduces the growth 
rate of corals, coralline algae, and other reef-building organisms.
    Based on occasional visual observations and satellite tag tracking 
data, it is known that a few monk seals haul out on Gardner's rock 
ledges and forage over the surrounding banks.
    The Hawaiian Islands National Wildlife Refuge is currently 
administered out to 10 fathoms at Gardner Pinnacles.

Maro Reef Reserve Preservation Area

    Maro Reef is a largely submerged atoll, with no more than 1 acre of 
emergent land but about 475,000 acres of underwater coral reef habitat. 
Except for birds, there are no terrestrial species inhabiting the 
island.
    Maro Reef consists of numerous coral heads and rocks amid sandy 
flats and channels at depths of 1 to 10 fathoms. Extensive surveys and 
ecological assessments conducted from the NOAA ship Townsend Cromwell 
in 2000 revealed a unique and complex reef consisting of intertwined 
reef spurs radiating outward from a series of lagoons. Maro's corals 
and coralline algae are healthy, diverse, and contribute to active reef 
growth on all of the island's outer barrier reefs. The coral structures 
of the outer barriers have much higher vertical relief than observed at 
French Frigate Shoals or any other NWHI atolls with coral heads. This 
amazing feature, along with the reef's healthy coral and algal cover 
and excellent visibility make the outer barriers of Maro among the more 
beautiful regions of the NWHI Reserve.
    The series of central lagoons are noticeably different from all 
other lagoons surveyed at the NWHI. Tall columns of coral covered with 
algal turf rise from about 20 meters below sea level to about 5 meters 
from the water's surface. Lagoon bottoms are generally highly silty and 
sandy.
    The deeper banks (10 to 20 fathoms, 20 to 40 meters) surrounding 
the shallow water reefs have also undergone extensive surveys. Like 
Necker Island and the Gardner Pinnacles, these relatively flat areas 
consist primarily of sand and algal beds with occasional rock 
outcroppings.
    Maro Reef provides very few areas for monk seals to haul out and 
therefore is not considered a breeding area for the species. Monk seals 
are, however, occasionally seen foraging around the reef. Derelict 
fishing gear and other types of marine debris are, however, having a 
major impact on the shallow reefs and associated fauna of Maro Reef.

Laysan Island Reserve Preservation Area

    Laysan Island, located approximately 1,418 km northwest of 
Honolulu, is the largest island in the Reserve with about 1,000 acres 
of land. Laysan is roughly rectangular in shape and about 3.6 sq. km in 
area with a large saltwater lagoon occupying about one-fifth of the 
island's central depression. It is well vegetated (except for its sand 
dunes) and contains a hyper-saline lake, which is one of only five 
natural lakes in the State of Hawaii.
    Laysan's coral reef habitat totals approximately 145,000 acres. The 
fringing reef surrounding the island varies from 100 to 500 m in width 
and is most extensive at the northwest end of the island. Inside the 
reef is a narrow, shallow channel which nearly encircles the island 
except for the south and southeast sides.
    Despite lacking much protection from the detrimental effects of 
waves, Laysan supports a surprisingly rich coral environment with good 
development along its leeward coasts. The small back reef, pass and 
moat near the island's western boat landing also help to diversify 
habitats and the number of coral species inhabiting them. Today, coral 
and reef growth appear to be healthy. Of interest is the fact that the 
table coral Acropora can be found off Laysan, which makes it the 
northernmost island or atoll in the Northwestern Hawaiian Islands chain 
that supports this particular species.
    Laysan Island is one of the endangered monk seal's primary breeding 
sites. It also supports a very healthy reef fish abundance and 
diversity. Derelict fishing gear and other types of marine debris are, 
however, having a major impact on the reefs and associated fauna of the 
island. Over several years, efforts have been undertaken to lessen the 
threat of this growing problem.
    The Hawaiian Islands National Wildlife Refuge is currently 
administered out to 10 fathoms at Laysan Island.

Lisianski Island Reserve Preservation Area

    Lisianski Island is a low sand and coral island with about 400 
acres of land. It lies at the northern end of Neva Shoals, a large reef 
bank spanning about 65 square miles and totaling about 310,000 acres.
    Lisianski Island is a low sand and coral island with about 400 
acres of land. It lies at the northern end of Neva Shoals, a large reef 
bank spanning about 65 square miles and totaling about 310,000 acres.
    The island is ringed mostly by sandy and sand-coral beaches with 
the exception of the eastern side which is dominated by an exposed 
ledge of reef rock and small tidal pools. A small cove present near the 
middle of the west beach is designated as a small boat landing on 
hydrographic charts. West of this landing, there are large numbers of 
coral heads in the lagoon, which has low visibility and a highly silty 
bottom.
    Reef fish diversity and abundance at Lisianski appear healthy and 
robust as indicated by high numbers of Trevally jacks and other large 
marine predators. Interestingly, in a recent survey of the island it 
was noted that the jacks were particularly aggressive towards divers 
and small boats, a phenomenon that was not experienced at any of the 
other islands and atolls in the Reserve.
    Green sea turtles can also be found on Lisianski Island as well as 
Hawaiian monk seals, which use the island's beaches as haul out 
grounds.
    The Hawaiian Islands National Wildlife Refuge is currently 
administered out to 10 fathoms at Lisianski Island.

Pearl and Hermes Atoll Reserve Preservation Area

    Pearl and Hermes Atoll is a large, low atoll with several small 
islets forming about 80 acres of land and almost 200,000 acres of coral 
reef habitat. It is approximately 2,090 km northwest of Honolulu and 
140 km east-southeast of Midway Atoll. The fringing reef is roughly 69 
km in circumference and open to the west. The islets are periodically 
washed over when winter storms pass through.
    The lagoon of the atoll is large and it is difficult to draw 
generalizations regarding the abundance and distribution of corals and 
reefs. Many areas of the shallow lagoon reef holes appear to be 
dominated by sediments while water circulation and exchange rates may 
be a factor in dictating coral development. Where circulation is 
sluggish, water temperatures rise during sunlit hours and may be 
unfavorable to corals. In contrast, where there is good mixing within 
pockets of the lagoon, either from tidal exchange or wave set up along 
the windward reefs, there are more favorable conditions for corals. 
Pinnacle reefs are exposed to the best of two worlds: better access to 
ocean water exchange and protection from the damaging effects of storms 
and large waves. At Pearl and Hermes, the pinnacle reefs show both high 
coral cover and diversity.

[[Page 77226]]

    Healthy spur-and-groove development along more exposed reefs is 
evidence that the atoll is growing. The spur and groove habitat of the 
north and northwest outer barrier reefs is unique among NWHI atolls in 
that it contains extremely deep and narrow canyons. Some semi-protected 
southern-facing reefs of the atoll did not display-spur and-grooves and 
may be growing at slower rates or not at all. The outer reef slopes of 
the south shore contain numerous large holes and caves, which 
contribute to spectacular abundance and diversity of fish at the atoll.
    Pearl and Hermes has a moderately diverse assemblage of coral 
species, although not as high as reported for the other large atoll 
French Frigate Shoals. This may be attributed to the lack of table 
coral (Acropora) at Pearl and Hermes and up to six or more species 
being present at French Frigate Shoals.
    Derelict fishing gear and other types of marine debris are, 
however, having a major impact on the reefs and associated fauna of the 
atoll. Over the past three years, efforts have been undertaken to 
lessen the threat of this growing problem.
    The Hawaiian Islands National Wildlife Refuge is currently 
administered out to 10 fathoms at Pearl and Hermes Atoll.

Kure Island Reserve Preservation Area

    Kure Island is the northernmost coral atoll in the world. The atoll 
is nearly circular with a 6-mile (10 km) diameter, enclosing about 200 
acres of emergent land. The outer reef almost completely encircles the 
atoll's lagoon except for passages to the southwest. The only permanent 
land in the atoll is crescent-shaped Green Island, located near the 
fringing reef in the southeastern part of the lagoon. Almost 80,000 
acres of coral reef habitat are found at Kure.
    Kure is a healthy growing atoll with diverse and abundant coral 
assemblages. Virtually all spur-and-groove formations are robust and 
healthy. At the north and northwest outer barrier reefs, the spur-and-
groove habitat is widely separated and looks like rolling hills when 
compared to the steep canyons of Pearl and Hermes Atoll. Some of Kure's 
lagoon reefs display exceptional coral development. Back reef 
environments also appear to support diverse and vigorous coral growth 
and provide strong evidence that the hard reef is growing.
    Whereas coral cover is generally low, the atoll's coral diversity 
is as high as any other site except French Frigate Shoals. The 
combination of temperature, light constraints and water conditions at 
Kure all contribute to a flourishing reef environment and, like Midway 
and Pearl & Hermes Atolls, Kure is situated far enough north that it 
receives increased amounts of nutrients as the subtropical front 
migrates south during the winter.
    Kure supports unique fish and dolphin populations while nurturing 
monk seals with the many lobsters that occupy the well-circulated 
lagoon.
    Derelict fishing gear and other types of marine debris are, 
however, having a major impact on the reefs and associated fauna of the 
atoll. Over the past year, efforts have been undertaken to lessen the 
threat of this growing problem.

``The Banks'' Reserve Preservation Areas

    The NWHI area contains several seamounts that are commonly referred 
to as ``the Banks.'' For present purposes, the Banks consist of Raita 
Bank; St. Rogatien Bank; the first bank west of St. Rogatien Bank and 
east of Gardner Pinnacles (Bank Number 7, which remains unnamed); 
Pioneer Bank; Southeast Brooks Bank, which is the first bank 
immediately west of French Frigate Shoals; and the first bank 
immediately east of French Frigate Shoals.
    On Raita Bank the approximate minimum depth is 9 fathoms (18 
meters). It is oval shaped and extends approximately 20 km NE-SW and 10 
km NW-SE. The bank west of St. Rogatien lies at about 30 fathoms (60 
meters) and is approximately 5 km in diameter. Pioneer Bank is another 
oval seamount that sits at about 17 fathoms (34 meters) and extends 20 
km E-W and 11 km N-S. At St. Rogatien Bank, the top of the seamount is 
covered by about 12 fathoms (24 meters) of water. It too is a large 
oval seamount and extends approximately 7 km E-W and 10 km N-S.
    In general, all of the banks have very rough bottoms with numerous 
outcroppings, protuberances and rock areas. Endangered Hawaiian monk 
seals have been observed to forage in the areas around the banks, 
probably traveling from breeding populations at French Frigate Shoals.
    The Executive Order provides that, consistent with applicable law, 
nothing in the Executive Order is intended to apply to military 
activities (to include the U.S. Coast Guard), including military 
exercise conducted within or in the vicinity of the Reserve, consistent 
with the requirements of Executive Orders 13089 (June 11, 1998), and 
13158 (May 26, 2000). Further, nothing in the Executive Order is 
intended to restrict the Department of Defense from conducting 
activities necessary during time of war or national emergency, or when 
necessary for reasons of national security, consistent with applicable 
laws. In addition, consistent with applicable law, nothing in the 
Executive Order shall limit agency actions to respond to emergencies 
posing an unacceptable threat to human healthy and safety or to the 
marine environment and admitting of no other feasible solution.
    Nothing in the Executive Order is intended to limit the authority 
of the U.S. Coast Guard to enforce any federal law, or install and 
maintain aids to navigation. Management of the Reserve shall be in 
accordance with generally recognized principles of international law, 
and in accordance with the treaties, conventions, and other agreements 
to which the United States is a party.

Public Comment

    Through increased measures of protection, the conservation measures 
and Reserve Preservation Areas will provide lasting protection for the 
Reserve resources. The Act provides that no closure areas around the 
Northwestern Hawaiian Islands shall become permanent without adequate 
review and comment. Accordingly, the President is requesting public 
comment on the Reserve Preservation Areas and his proposal to make them 
permanent. The President is also requesting public comment on the 
conservation measures for the Reserve. The comment period for this 
proposal closes on January 8, 2001. NOAA is receiving the comments on 
behalf of the President. Comments may be sent, emailed or faxed to the 
location provided above. The Secretary will also host, on behalf of the 
President, seven public hearings, six in Hawaii and one in Washington 
D.C., to accept oral and written comments on the President's proposal. 
The dates, locations and times of these meetings are as follows.

Oahu
    December 11, 6 p.m., Ala Moana Hotel B Garden Lanai, 410 
Atkinson Drive, Honolulu, HI, Phone: 808-955-4811.

Kona
    December 11, 6 p.m., King Kamehameha Hotel, 75-5660 Palani Road, 
Kailua-Kona, HI, Phone: 808-329-2911.

Hilo
    December 12, 6 p.m., Hilo Cooperative Extension Service, 875 
Komohana Street, Conference Room A, Hilo, HI, Phone: 808-959-9155.

Kauai
    December 13, 6 p.m., Kauai War Memorial Convention Hall, 
Ballroom B, 4191 Hardy Street, Lihue, HI.

Washington, D.C.
    December 13, 1 p.m., U.S. Department of Commerce, Room 4830, 
14th &

[[Page 77227]]

Constitution Avenue NW, Phone: 202-482-5181.

Maui
    December 14, 6 p.m., Wailuku Community Center, 395 Waena Street, 
Wailuk, HI.

Molokai
    December 15, 6 p.m., Mitchell Pauole Center, 90 Ainoa Street, 
Kaunakakai, HI, Phone: 808-553-3204.


    Authority: Pub. L. 106-513; 16 U.S.C. Section 1431 et seq.


(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)
D. James Baker,
Under Secretary for Oceans and Atmosphere, National Oceanic and 
Atmospheric Administration.
[FR Doc. 00-31167 Filed 12-6-00; 8:45 am]
BILLING CODE 3510-08-P


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