77222 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

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.

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 hawaiicomments@noaa.gov.

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:

• No commercial fishing may occur

in Reserve Preservation Areas, except as

expressly allowed in the Executive

Order;

• 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;

• 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;

• 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;

• 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

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices 77223

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

77224 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

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 scourprone 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

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

77226 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

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 crescentshaped 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 spurand-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 NS. 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 NS.

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, KailuaKona, 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 &

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

Call for Applications for

Representatives to the Coral Reef

Ecosystem Reserve Council for the

Northwestern Hawaiian Islands Coral

Reef Ecosystem Reserve

AGENCY: National Marine Sanctuary

Program (NMSP), National Ocean

Service (NOS), National Oceanic and

Atmospheric Administration,

Department of Commerce (DOC).

ACTION: Notice and request for

applications.

SUMMARY: On December 4, 2000,

President William Jefferson Clinton

signed Executive Order 13178

establishing the Northwestern Hawaiian

Islands Coral Reef Ecosystem Reserve

(Reserve). The President’s Executive

Order requires the Secretary of

Commerce or his or her designee

(hereafter ‘‘Secretary’’) to establish a

Coral Reef Ecosystem Reserve Council

(Reserve Council) to provide advice and

recommendations on the development

of the Reserve Operations Plan and the

designation and management of a

Northwestern Hawaiian Islands

National Marine Sanctuary by the

Secretary. The Secretary, through the

National Marine Sanctuary Program

(NMSP), is seeking applicants for

membership on the Reserve Council.

DATES: Completed applications must be

postmarked no later than December 29,

2000.

ADDRESSES: Application kits may be

obtained from Elizabeth Moore,

National Marine Sanctuary System,

1305 East West Highway, N/ORM6,

Room 11642, Silver Spring, Maryland,

20910, or online at: http://

hawaiireef.noaa.gov.

Completed applications should be

sent to the same address as above.

FOR FURTHER INFORMATION CONTACT:

Elizabeth Moore at (301) 713–3125

x170, or hawaiicouncil@noaa.gov, or

visit the web site at: http://

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 the

National Marine Sanctuaries

Amendments Act of 2000. 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 seaward 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

pursuant to 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, which is part of

the application kit and can be found on

the web site listed above.

In designating the Reserve, President

Clinton directed the Secretary of

Commerce to establish a Coral Reef

Ecosystem Reserve Council, pursuant to

section 315 of the National Marine

Sanctuaries Act, to provide advice and

recommendations on the development

of the Reserve Operations Plan and the

designation and management of a

Northwestern Hawaiian Islands

National Marine Sanctuary by the

Secretary. The National Marine

Sanctuary Program (NMSP) is seeking

applicants for the following seats on the

Reserve Council:

• Three Native Hawaiian

representatives, including one Native

Hawaiian elder, with experience or

knowledge regarding Native Hawaiian

subsistence, cultural, religious, or other

activities in the Northwestern Hawaiian

Islands.

• Three representatives from the nonFederal science community with

experience specific to the Northwestern

Hawaiian Islands and with expertise in

at least one of the following areas:

A. Marine mammal science

B. Coral reef ecology.

C. Native marine flora and fauna of

the Hawaiian Islands.

D. Oceanography.

E. Any other scientific discipline the

Secretary determines to be appropriate.

• Three representatives from nongovernmental wildlife/marine life,

environmental, and/or conservation

organizations.

• One representative from the

commercial fishing industry that

conducts activities in the Northwestern

Hawaiian Islands.

• One representative from the

recreational fishing industry that

conducts activities in the Northwestern

Hawaiian Islands.

• One representative from the oceanrelated tourism industry.

• One representative from the nonFederal community with experience in

education and outreach regarding

marine conservation issues.

• One citizen-at-large representative.