16224 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 140207122–4122–01] 

RIN 0648–BD97 

Proposed Expansion, Regulatory 

Revision and New Management Plan 

for the Hawaiian Islands Humpback 

Whale National Marine Sanctuary 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Proposed rule. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) is 

proposing to expand the boundaries and 

scope of Hawaiian Islands Humpback 

Whale National Marine Sanctuary 

(HIHWNMS or sanctuary), amend the 

regulations for HIHWNMS, change the 

name of the sanctuary, and revise the 

sanctuary’s terms of designation and 

management plan. The purpose of this 

action is to transition the sanctuary from 

a single-species management approach 

to an ecosystem-based management 

approach. A draft environmental impact 

statement and draft revised management 

plan have been prepared for this 

proposed action. NOAA is soliciting 

public comment on the proposed rule, 

draft environmental impact statement, 

and draft revised management plan. 

DATES: Comments on this proposed rule 

will be considered if received by June 

19, 2015. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NOS–2015–0028, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/#!docketDetail;D=

NOAA-NOS-2015-0028, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Hawaiian Islands Humpback 

Whale National Marine Sanctuary, 

NOAA/DKIRC, 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818, Attn: Malia 

Chow, Superintendent. 

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 (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NOAA will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Malia Chow, Superintendent, Hawaiian 

Islands Humpback Whale National 

Marine Sanctuary at 808–725–5901 or 

hihwmanagementplan@noaa.gov. 

Copies of the draft environmental 

impact statement and proposed rule can 

be downloaded or viewed on the 

Internet at www.regulations.gov (search 

for docket # NOAA–NOS–2015–0028) or 

at http://hawaiihumpbackwhale.

noaa.gov. Copies can also be obtained 

by contacting the person identified 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: Public 

hearings will be held in the following 

locations at the locales and times 

indicated: 

(1) Hale‘iwa, HI (O‘ahu) 

Date: April 27, 2015. 

Location: Sunset Beach Recreation 

Center. 

Address: 59–540 Kamehameha 

Highway, Hal‘eiwa, HI 96712. 

Time: 5:30 p.m.–8:30 p.m. 

(2) Honolulu, HI (O‘ahu) 

Date: April 28, 2015. 

Location: Honolulu Waldorf School. 

Address: 350 Ulua Street, Honolulu, 

HI 96821. 

Time: 5:30 p.m.–8:30 p.m. 

(3) Kihei, HI (Maui) 

Date: April 29, 2015. 

Location: Kihei Youth Center. 

Address: 131 S. Kihei Road, Kihei, HI 

96753. 

Time: 5:30 p.m.–8:00 p.m. 

(4) Lahaina, HI (Maui) 

Date: April 30, 2015. 

Location: Kaunoa Senior Center. 

Address: 788 Pauoa St., Lahaina, HI 

96761. 

Time: 5:00 p.m.–7:30 p.m. 

(5) Kaunakakai, HI (Moloka‘i) 

Date: May 1, 2015. 

Location: Lanikeha Community 

Center. 

Address: 2200 Farrington Ave., 

Kaunakakai, HI 96748. 

Time: 4:00 p.m.–6:30 p.m. 

(6) La ̄na‘i City, HI (La ̄na‘i) 

Date: May 2, 2015. 

Location: La ̄na‘i High and Elementary 

School. 

Address: 555 Fraser Avenue, La ̄na‘i 

City, HI 96763. 

Time: 9:30 a.m.–12:00 p.m. 

(7) Kilauea City, HI (Kaua‘i) 

Date: May 4, 2015. 

Location: Kilauea Elementary School 

Cafeteria. 

Address: 2440 Kolo Road, Kilauea, HI 

96754. 

Time: 5:30 p.m.–8:30 p.m. 

(8) Ni‘ihau, HI * 

Date: May 5, 2015. 

Location: Ni‘ihau School Cafeteria. 

Address: Puuwai Village, Ni‘ihau, HI 

96769. 

Time: 10:00 a.m.–1:00 p.m. 

* Please note that due to limited 

access to the island this is not a public 

meeting. This meeting is for people 

residing on and landowners of Ni‘ihau 

Island. 

(9) Lihu‘e, HI (Kaua‘i) 

Date: May 6, 2015. 

Location: King Kaumuali‘i Elementary 

School Cafeteria. 

Address: 4380 Hanama‘ulu Road, 

Lihu’e, HI 96766. 

Time: 5:30 p.m.–8:30 p.m. 

(10) Kailua-Kona, HI (Hawai‘i) 

Date: May 7, 2015. 

Location: Kealakehe High School 

Cafeteria. 

Address: 74–5000 Puohulihuli Street, 

Kailua-Kona, HI 96740. 

Time: 5:30 p.m.–8:00 p.m. 

I. Introduction 

1. Hawaiian Islands Humpback Whale 

National Marine Sanctuary 

The Hawaiian Islands Humpback 

Whale National Marine Sanctuary 

(HIHWNMS or sanctuary) covers 

approximately 1,031.4 square nautical 

miles (1,366 square miles) of federal and 

state waters in the Hawaiian Islands. 

The sanctuary lies within the shallow 

warm waters surrounding the main 

Hawaiian Islands which are a nationally 

significant marine environment. The 

area is a diverse and unique ecosystem 

with marine resources including coral 

reefs, highly endangered Hawaiian 

monk seals, three species of sea turtles, 

marine species endemic to this area 

such as monk seals, corals, and 

seagrasses, and 25 species of cetaceans 

including humpback whales. This area 

constitutes one of the world’s most 

important humpback whale habitats. 

The warm, calm waters in this area are 

used by humpback whales for breeding, 

calving, and nursing. The waters in this 

area also contain a number of cultural 

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and historical resources including those 

reflecting native Hawaiian traditions 

and uses. The area supports fishing 

activities, and is also a destination for 

visitors worldwide who come for whale 

watching, diving, and other oceanrelated activities in the sanctuary 

waters. Congress designated the 

sanctuary in 1992 through the Hawaiian 

Islands National Marine Sanctuary Act 

(HINMSA, Subtitle C of the Oceans Act 

of 1992, Pub. L. 102–587), which 

declared that the purposes of the 

sanctuary were to (1) protect humpback 

whales and their habitat; (2) educate 

and interpret for the public the 

relationship of humpback whales to the 

Hawaiian Islands marine environment; 

(3) manage human uses of the sanctuary 

consistent with the Act and the National 

Marine Sanctuaries Act (NMSA); and (4) 

provide for the identification of marine 

resources and ecosystems of national 

significance for possible inclusion in the 

sanctuary. 

The sanctuary is co-managed by 

NOAA and the State of Hawai‘i (State) 

through a compact agreement that was 

signed in 1998 which clarifies the 

relative jurisdiction, authority, and 

conditions of the NOAA-State 

partnership for managing the sanctuary. 

The Hawaii Department of Land and 

Natural Resources (DLNR) serves as the 

lead agency for the State’s comanagement of the sanctuary. 

2. Need for Action 

When Congress designated the 

HIHWNMS in 1992, it mandated NOAA 

to provide for the identification of 

marine resources and ecosystems of 

national significance for possible 

inclusion in the sanctuary. The current 

management plan review process seeks 

to carry out this mandate. Started in 

2010, the sanctuary management plan 

review provided an opportunity to: 

Consider the value of marine 

ecosystems, assess existing threats and 

protections to these valuable resources; 

and determine where NOAA can 

provide added value to the resource 

management efforts provided by the 

state and other federal agencies. 

NOAA believes that an ecosystembased, rather than single-species based, 

management approach for HIHWNMS 

would provide sanctuary management 

with the platform to begin to evaluate 

and potentially address the full suite of 

resource management issues currently 

faced by marine resources in the main 

Hawaiian Islands. By focusing on the 

biological, physical, and human 

components of a healthy marine 

environment, an ecosystem-based 

management approach in the sanctuary 

would be more comprehensive and 

inclusive of all aspects of the marine 

ecosystem than the current single 

species approach. Humpback whales 

and their habitat are an essential 

component of the marine ecosystem in 

Hawai‘i and the sanctuary would 

continue to support current humpback 

whale management programs, but 

would also engage in research, resource 

protection, education, community 

engagement, and education for other 

areas and issues of the sanctuary 

environment. 

This management approach is also 

consistent with Native Hawaiians’ 

management practices, which have 

traditionally used a holistic approach to 

conserve both land and marine 

resources. Native Hawaiians also view 

natural and cultural resources as being 

interrelated and, that all biological 

resources are culturally significant. 

NOAA recognizes the importance of 

including Native Hawaiian knowledge 

and practices in the management 

framework of the sanctuary and intends 

to incorporate the sustainable use of 

natural and cultural resources into its 

management planning. In addition, the 

sanctuary management plan and 

regulations will strive to accommodate 

traditional uses and achieve sustainable 

cultural practices. 

3. History of the Management Plan 

Review Process 

History 

During the 2002 management plan 

review (MPR), NOAA received 

comments from the general public 

requesting that HIHWNMS, consistent 

with section 2304(b) of the HINMSA, 

consider the conservation and 

management of marine resources in 

addition to humpback whales and their 

habitat. In response, NOAA included a 

goal in the HIHWNMS 2002 

management plan to ‘‘identify and 

evaluate resources and ecosystems for 

possible inclusion in the sanctuary’’. 

NOAA followed up by conducting an 

assessment of living marine resources 

and maritime heritage resources within 

the sanctuary, including human 

population trends, past and current 

threats, existing management 

authorities, and conservation needs. The 

assessment report was shared with then 

Governor Linda Lingle in 2007 who 

publicly expressed her support for 

NOAA to consider protecting additional 

marine species within the sanctuary. 

Between April 2009 and July 2010, 

NOAA conducted a series of meetings 

and workshops to solicit public input 

on the inclusion of additional marine 

resources into sanctuary management 

and raise awareness about the 

management plan review process. These 

events were conducted formally and 

informally across the State of Hawai‘i on 

all the main islands. 

Public Scoping Process 

NOAA formally initiated the public 

scoping process on July 14, 2010, by 

publishing a notice of intent in the 

Federal Register (75 FR 40759) and 

informing the public that NOAA was 

initiating a review of its management 

plan and regulations and preparing an 

environmental impact statement (EIS). 

In August 2010, NOAA held ten public 

scoping meetings in communities across 

Hawai‘i. In total, 12,375 public 

comments, including two petitions with 

a total of 12,019 signatures, were 

received over the 90-day public 

comment period (July to October 2010). 

Many people commended HIHWNMS 

for their active role in promoting the 

conservation of humpback whales and 

their habitat, but suggested that NOAA 

consider expanding the scope of 

sanctuary management to conserve 

additional marine species and habitats. 

Other comments identified the need to 

address anthropogenic threats to the 

marine environment including 

pollution, offshore development, and 

climate change. The public also 

identified opportunities and 

recommendations for HIHWNMS to: 

• Improve and expand upon 

enforcement, management effectiveness, 

and marine animal assessment and 

response; 

• better integrate Native Hawaiian 

cultural resources and maritime heritage 

resources into sanctuary management 

and planning; 

• emphasize ocean literacy programs; 

and 

• update research programs, 

regulations, and sanctuary boundaries. 

Comments were submitted by 

agencies, organizations, elected officials 

and community members from 

throughout Hawai‘i, the U.S. mainland 

and elsewhere. NOAA documented all 

comments received during the public 

comment period as part of the 

administrative record; the comments are 

available online at www.regulations.gov. 

In response to many of these 

comments, this proposed rule proposes 

several changes to the HIHWNMS 

regulations and boundaries as described 

below in the ‘‘Summary of the 

Regulatory Amendments.’’ The 

environmental effects of these proposed 

changes are analyzed in a DEIS 

published concurrently with this 

proposed rule. NOAA has also 

developed an associated draft 

management plan describing sanctuary 

management activities in research, 

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resource protection and education. 

NOAA is seeking public comment on 

the proposed rule, DEIS, and draft 

management plan, which are available 

at http://

hawaiihumpbackwhale.noaa.gov/

management/management_plan_

review.html or may be obtained by 

contacting the individual listed under 

the heading FOR FURTHER INFORMATION

CONTACT. 

II. Summary of the Regulatory 

Amendments 

1. Change Focus of Management From 

Single Species to Ecosystem 

NOAA is proposing to amend 

§ 922.180(a)–(b) to reflect the inclusion 

of other marine resources in the 

resource protection mission of the 

proposed ecosystem-based sanctuary. 

Similarly, NOAA is proposing to 

remove the current species-based 

definition of ‘‘sanctuary resource’’ and 

‘‘habitat’’ in § 922.182, which currently 

only includes humpback whales and 

their habitat in the definition of 

sanctuary resource. The definition that 

would then apply to the sanctuary 

would be the existing definition 

presented in the regulations for all 

national marine sanctuaries at § 922.3. 

This national definition for sanctuary 

resource is: ‘‘any living or non-living 

resource of a National Marine Sanctuary 

that contributes to the conservation, 

recreational, ecological, historical, 

research, educational, or aesthetic value 

of the Sanctuary, including, but not 

limited to, the substratum of the area of 

the Sanctuary, other submerged features 

and the surrounding seabed, carbonate 

rock, corals and other bottom 

formations, coralline algae and other 

marine plants and algae, marine 

invertebrates, brine-seep biota, 

phytoplankton, zooplankton, fish, 

seabirds, sea turtles and other marine 

reptiles, marine mammals and historical 

resources (15 CFR 922.3).’’ In a separate 

rulemaking NOAA has proposed to 

update this national definition to add 

cultural resources to the definition of 

sanctuary resources (78 FR 5998). Upon 

completion of that separate national 

rulemaking the updated definition of 

sanctuary resources would then apply to 

all national marine sanctuaries. 

2. Add New Areas to the Sanctuary 

Boundary 

NOAA is proposing to expand the 

current boundaries to include five 

additional areas in the sanctuary, 

adding 192.6 total square nautical miles 

(255 square miles) to the sanctuary 

bringing the total area to 1,224 square 

nautical miles (1,621 square miles). 

Under this action, NOAA is proposing 

to: (1) Extend the sanctuary boundary 

on the north shore of O‘ahu west to 

include waters adjacent to the Ali‘i 

Beach Park; (2) extend the sanctuary 

boundaries on the north shore of Kaua‘i 

east to include waters adjacent to the 

Pı ̄la‘a ahupua‘a; (3) extend the sanctuary 

boundaries on the north shore of Kaua‘i 

west to include waters adjacent to the 

Ha ̄‘ena ahupua‘a; (4) include the waters 

around the island of Ni‘ihau, southwest 

of Kaua‘i; and (5) modify the southern 

boundary of Penguin Bank and Maui 

Nui to simplify the convolutions of the 

current boundary where the 

approximation of the 100-fathom (182.8 

meter) isobaths is too intricate for 

enforcement and to include additional 

important habitat. Ahupua‘a are a 

system of traditional Hawaiian land 

division extending from the upland to 

the sea or watershed boundary. NOAA 

is also proposing a technical correction 

to the seaward boundary of the full 

sanctuary to include latitude/longitude 

coordinates approximating the 100- 

fathom (182.8 meter) isobaths and 

where needed the three nautical mile 

line to define the boundary, which 

would result in minor modification to 

the overall area estimate of the 

sanctuary. 

The proposed boundary changes were 

selected through a public process to 

identify and assess marine areas that 

could more effectively complement 

current management authorities or 

enhance natural and cultural resource 

value. Collectively, these new areas 

capture a greater diversity of habitats 

and biological resources than currently 

protected by HIHWNMS. Inclusion of 

these areas within the sanctuary system 

would provide additional regulatory 

protection, resources for management, 

and improved public awareness of their 

natural and cultural resource value. The 

technical correction addresses the 

current seaward boundary of the 

sanctuary which is defined as following 

the historic 100-fathom (182.8 meter) 

isobaths. NOAA proposes to modernize 

the boundary by employing a textual 

description coupled with a table of 

latitude/longitude coordinates that 

approximates the 100-fathom (182.9 

meter) isobath. The correction is being 

made to clarify the boundary for paper 

and electronic nautical charts, to 

provide a more accurately defined 

boundary for use by ships using GPS 

technology, and to improve 

enforceability. The technical change is 

not intended to add any additional area 

to the sanctuary and is distinct from the 

five new areas being proposed for 

addition to the sanctuary. The harbors 

currently excluded from the sanctuary 

boundaries continue to be excluded. 

Those harbors are Kawaihae Boat 

Harbor & Small Boat Basin on Hawai‘i; 

Kaumalapau Harbor and Manele Harbor 

on La ̄na‘i; Lahaina Boat Harbor and 

Ma ̄‘alaea Boat Harbor on Maui; Hale o 

Lono Harbor and Kaunakakai Harbor on 

Moloka‘i; and Kuapa Pond (Hawai‘I Kai) 

and Hale‘iwa Harbor on O‘ahu. The 

proposed boundary changes for the five 

new areas are described in more detail 

below. 

a. Ni‘ihau and Lehua 

NOAA is proposing to incorporate the 

waters around the island of Ni‘ihau into 

the sanctuary, including the waters 

surrounding Lehua Island. The 

boundary for this area would extend 

around the islands seaward from the 

shoreline three nautical miles. The total 

area of the proposed boundary 

expansion would be 163.9 square 

nautical miles (217 square miles). 

Ni‘ihau is the seventh largest island in 

the Hawaiian Archipelago and is the 

westernmost island of the populated 

Hawaiian Islands. The island has an 

area of approximately 69.5 square miles 

(180 square km) and is located 

approximately 18 miles (29 km) west of 

the island of Kaua‘i across the 

Kaulakahi Channel. Uninhabited Lehua 

Islet lies 0.7 miles (1.1 km) directly 

north of Ni‘ihau. 

Ni‘ihau is the closest of the populated 

Hawaiian Islands to the Northwestern 

Hawaiian Islands and is at the interface 

between the two bioregions, serving as 

a functional transition zone in the 

archipelago. The specific biophysical 

and cultural connectivity dynamics at 

this interface are of special interest. The 

coral at Ni‘ihau and Lehua have 

significantly lower prevalence of coral 

disease than elsewhere in the populated 

Hawaiian Islands. The waters around 

Ni‘ihau and Lehua also have a higher 

level of fish biomass and a higher 

number of endemic species than the 

other populated Hawaiian Islands. 

Ni‘ihau is also an important habitat 

for dolphins, monk seals and humpback 

whales. The endangered Hawaiian 

monk seals have a significant presence 

in Ni‘ihau and Lehua. Lehua Islet is an 

important monk seal feeding and resting 

site. Aerial surveys conducted in 2000, 

2001, and 2008 documented 

approximately three times more monk 

seals on the coastal areas of Ni‘ihau and 

Lehua than on other islands in the 

populated Hawaiian Islands. Islandwide surveys of Ni‘ihau have observed 

between 17 and 69 monk seals at a 

particular time, higher than any other 

reported sightings on the populated 

Hawaiian Islands. Recent research 

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indicates that the population of monk 

seals at Ni‘ihau may be distinct and do 

not travel to the Northwestern Hawaiian 

Islands. Humpback whales have been 

observed in high numbers near the coast 

of Ni‘ihau, and dolphins and false killer 

whales populate the waters. 

b. Kaua‘i 

The current sanctuary boundary on 

the north shore of Kaua‘i extends along 

the shoreline from Kailiu Point eastward 

to Mokolea Point and seaward to 

approximately the 100-fathom (182.8 m) 

isobath. NOAA is proposing to extend 

the sanctuary boundary in two areas to 

more closely include the waters of the 

adjacent ahupua‘a. 

(i) Ha ̄‘ena Ahupua‘a 

On the north shore of the island of 

Kaua‘i, west of the town of Hanalei, 

NOAA is proposing to extend the 

western boundary of the sanctuary to 

Ke‘e Beach and include the waters of 

the Ha ̄‘ena ahupua‘a seaward to 

approximately the 100-fathom (182.8 

meter) isobath. The boundary extension 

would also include the Ha ̄‘ena 

community-based subsistence fishing 

area (CBSFA) which is currently 

managed by the State of Hawai‘i. The 

total area of the proposed boundary 

expansion would be approximately 6 

square nautical miles (8 square miles). 

(ii) Pı ̄la‘a Ahupua‘a 

NOAA is also proposing to extend the 

eastern-boundary of the sanctuary on 

the north shore of Kaua‘i to include the 

waters from Mokolea Point to Kepuhi 

Point including those of the Pı ̄la‘a 

ahupua‘a seaward to approximately the 

100-fathom (182.8 meter) isobath. The 

total area of the proposed boundary 

expansion would be approximately 3.8 

square nautical miles (5 square miles). 

The proposed sanctuary area would be 

used to pilot traditional Hawaiian 

marine resource management 

approaches along with science-informed 

management to restore the degraded 

coral reef ecosystem. 

c. O‘ahu 

The current sanctuary boundary on 

the north shore of O‘ahu extends from 

Pua‘ena Point eastward to Ma ̄hie Point 

and seaward to approximately the 100- 

fathom (182.8 meter) isobath. With this 

action, NOAA is proposing to extend 

the western boundary of the sanctuary 

from Pua‘ena Point to approximately 

Ali‘i Beach Park and seaward to 

approximately the 100-fathom (182.8 

meter) isobath to include the North 

Shore Surfing Reserve. The designation 

of the Surfing Reserve in 2010 was part 

of a state-led effort to acknowledge the 

cultural and historic significance of 

important surf sites in Hawai‘i. The 

proposed sanctuary boundary extension 

would exclude Hale‘iwa Harbor. The 

total area of the proposed boundary 

expansion would be approximately 3 

square nautical miles (4 square miles). 

d. Penguin Bank and Maui Nui 

The current sanctuary boundary in 

the area around Penguin Bank off the 

southwest shore of Moloka‘i and in 

Maui Nui between the islands of La ̄na‘i 

and Kaho‘olawe closely approximates 

the 100-fathom (182.8 meter) isobath. 

The current boundary in these areas 

meanders significantly due to the 

complexity of the seafloor bathymetry, 

currently making enforcement of 

sanctuary regulations difficult. As part 

of a sanctuary-wide effort to modernize 

the sanctuary boundary by employing a 

textual description coupled with a table 

of latitude/longitude coordinates that 

approximates the 100-fathom (182.8 

meter) isobath, NOAA proposes to 

improve the boundary in these areas by 

simplifying the convolutions of the 

current boundary, thus eliminating any 

potential confusion regarding the 

location of the boundary due to the 

complexity of the bathymetry. The new, 

less intricate boundary will make 

enforcement less difficult and for 

Penguin Bank the area is also defined to 

be inclusive of precious corals, 

mesophotic corals and monk seal 

foraging areas. The net result is an 

addition of approximately 15.9 square 

nautical miles (21 square miles) to the 

sanctuary in federal waters. 

3. Change the Name of the Sanctuary 

In recognition of the proposed change 

to an ecosystem-based approach to 

management, NOAA is proposing that 

the sanctuary be renamed ‘‘Hawaiian 

Islands National Marine Sanctuary—Na ̄

Kai ‘Ewalu’’. The phrase ‘‘Na ̄ Kai 

‘Ewalu’’ means ‘‘the eight seas’’ in 

Native Hawaiian and refers to the ocean 

channels between the populated 

Hawaiian Islands and a Native Hawaiian 

poetic reference to the Hawaiian Islands 

themselves. It illustrates the 

interconnectedness between the ocean, 

the people of Hawai‘i and their 

communities. Since the current name no 

longer fits NOAA is proposing a change 

that communicates both the 

management approach and a sense of 

community throughout Hawai’i, 

recognizing humans as part of the 

ecosystem. 

4. Approaching a Humpback Whale 

The current sanctuary regulation 

prohibits approaching, or causing a 

vessel or other object to approach, 

within the sanctuary, by any means, 

within 100 yards of any humpback 

whale except as authorized under the 

MMPA and the ESA. NOAA is 

proposing to add interception (e.g. 

placing a vessel in the path of an 

oncoming humpback whale so that the 

whale changes its behavior), as well as 

disrupting the normal behavior or prior 

activity of a whale by any other act or 

omission, to this existing prohibition. 

These proposed changes to the 

existing humpback whale approach 

regulation would help to minimize 

incidences of humpback whale 

harassment or injury within the 

sanctuary, reduce adverse behavioral 

responses, and limit vessel strikes 

within the sanctuary. NOAA is 

proposing to apply these changes to the 

exiting regulation to the entire sanctuary 

including the proposed new areas of the 

sanctuary. 

5. Operating an Aircraft Within 1,000 

Feet of Humpback Whales 

NOAA is proposing to apply the 

current overflight prohibition on 

operating an aircraft within 1,000 feet of 

humpback whales, to the new proposed 

areas for the sanctuary. 

6. Taking or Possessing Humpback 

Whales 

NOAA is proposing to combine the 

existing prohibitions on take and 

possession of humpback whales within 

the sanctuary into one regulation to be 

consistent with humpback whale take 

and approach regulations under the 

Marine Mammal Protection Act 

(MMPA) and the State of Hawai‘i 

Administrative Rules 13–124 and apply 

the new proposed regulation to the 

entire sanctuary including the proposed 

new areas of the sanctuary. 

7. Interfering With Investigation 

NOAA proposing to apply the current 

prohibition on interfering with 

enforcement to the new proposed areas 

in the sanctuary. 

8. Marking or Defacing Any Signs 

NOAA is proposing to prohibit 

damaging, removing or displacing any 

signs, notices, placards, stakes, posts, or 

other boundary markers related to the 

sanctuary. NOAA is proposing to apply 

this to the entire sanctuary including 

the proposed new areas of the 

sanctuary. 

9. Removing or Damaging Historical and 

Cultural Resources 

NOAA is proposing to prohibit 

removing, damaging, or tampering with 

any historical or cultural resources 

within the sanctuary. Cultural heritage 

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resources found within the sanctuary 

include traditional Hawaiian fishpond 

systems, heritage sites related to 

traditional Hawaiian surfing, and 

heritage sites related to traditional 

voyaging and its cultural traditions. It 

also includes submerged heritage sites 

related to Native Hawaiian traditions 

and practices. Maritime heritage 

resources include shipwreck sites, 

historic aircraft sites, the remains of 

landings and dock facilities, and other 

types of materials. 

This proposed prohibition would 

provide additional protection for 

maritime heritage resources within the 

sanctuary and complement existing 

state and Federal statutes, such as the 

National Historical Preservation Act and 

Sunken Military Craft Act. NOAA is 

proposing to apply these changes to the 

entire sanctuary including the proposed 

new areas of the sanctuary. 

10. Special Sanctuary Management 

Areas (SSMAs) 

NOAA is proposing to create three 

Special Sanctuary Management Areas. 

NOAA is proposing a number of 

regulations specific to the Special 

Sanctuary Management Areas at 

Penguin Bank and the Maui Nui area 

(both in federal waters outside of 3 

nautical miles) and Maunalua Bay (state 

waters within 3 nautical miles). For a 

map of these three areas, see the 

HIHWNMS Web page (http://

hawaiihumpbackwhale.noaa.gov/). For 

more information on permit options for 

the prohibitions described here, see 

section 12 on Permits and 

Authorizations. The following 

regulations would only apply in these 

three areas: 

10a. Taking or Possessing Any Marine 

Mammal, Sea Turtle, Seabird, ESA 

Listed Species or HI Listed Species in 

the SSMAs 

As a complement to existing 

protections, NOAA is proposing to 

prohibit taking or possessing any marine 

mammal, sea turtle, seabird, ESA-listed 

species or Hawai‘i Revised Statutes 

chapter 195D listed species, within or 

above sanctuary waters in the three 

SSMAs, with an exception for species 

authorized by the Marine Mammal 

Protection Act, the Endangered Species 

Act, the Migratory Bird Treaty Act 

(MBTA), the Magnuson Stevens Fishery 

Conservation and Management Act, or 

Hawai‘i State Law. 

10b. Discharging Material Into the 

SSMAs 

NOAA is proposing to modify the 

current prohibition on discharging or 

altering any submerged lands by 

separating the regulation into two parts, 

and refining the language for clarity and 

enforceability. Due to the proposed 

expanded scope of the sanctuary, NOAA 

understands that the scope of the 

application of the prohibition has also 

expanded. Therefore NOAA is seeking 

to assess value of the regulation in the 

SSMAs only instead of applying them 

sanctuary-wide at this time. With 

respect to the prohibition on 

discharging, NOAA is proposing to 

prohibit discharging or depositing any 

material or matter into the three SSMAs, 

except: 

• Fish, fish parts, chumming 

materials or bait used in or resulting 

from fishing in the sanctuary; 

• treated biodegradable effluents 

incidental to vessel use; 

• water generated by routine vessel 

operations, such as engine exhaust, deck 

wash down; engine cooling water, clean 

bilge water or anchor wash; and 

• biodegradable materials for 

traditional ceremonies associated with 

culturally important customs and usage 

(e.g. the discharge of leis, paper 

lanterns). 

This prohibition, and its associated 

exceptions, would also apply to 

discharge adjacent to these areas, should 

that discharge subsequently enter and 

injure a sanctuary resource within the 

SSMAs. This prohibition will likely 

enhance water quality in the Penguin 

Bank and Maui Nui SSMAs, and reduce 

impacts from pollutants and debris to 

the biological and physical environment 

in the Maunalua Bay SSMA. NOAA 

could use the authorization authority 

proposed in this rulemaking to evaluate 

whether to authorize activities that 

receive a permit from the U.S. Army 

Corps of Engineers or the State of 

Hawai’i and include additional 

conditions for those activities to protect 

sanctuary resources from activities. 

10c. Dredging, Drilling Into or 

Otherwise Altering the Submerged 

Lands of the SSMAs 

NOAA is proposing to modify the 

current prohibition on discharging or 

altering any submerged lands by 

separating the regulation into two parts, 

and refining the language for clarity and 

enforceability. Due to the proposed 

expanded scope of the sanctuary, NOAA 

understands that the scope of the 

application of the prohibition has also 

expanded. Therefore, NOAA is seeking 

to assess the value of the regulation in 

the SSMAs only, instead of applying 

them sanctuary-wide at this time. With 

respect to the prohibition on altering 

any submerged lands, NOAA is 

proposing to refine the current 

regulations to prohibit dredging, drilling 

into, or otherwise altering in any way 

submerged lands in the three SSMAs, 

except: 

• Anchoring a vessel on sandy bottom 

or substrate; 

• routine maintenance of docks, 

seawalls, breakwaters, piers authorized 

by federal, state or local authorities with 

jurisdiction; 

• the installation and maintenance of 

navigational aids authorized by federal, 

state or local authorities with 

jurisdiction; and 

• aquaculture or fishing activities 

authorized under a permit issued by the 

State of Hawai‘i Department of Land 

and Natural Resources, State of Hawai‘i 

Department of Health, the U.S. Army 

Corps of Engineers, or NOAA’s National 

Marine Fisheries Service. 

Submerged lands include bottom 

formations, live rock and coral. There 

are currently no regulations for any nonprecious stony corals, including 

mesophotic corals, in federal waters of 

Penguin Bank and the Maui Nui area. 

The proposed regulation supports and 

enhances efforts to protect previous 

corals in the Maui Nui area that have 

been designated Essential Fish Habitat 

(EFH) under the Magnuson-Stevens Act. 

Similarly, the proposed regulation 

would reduce direct physical and 

biological damage to coral and other 

marine habitats in Maunalua Bay. 

Under the proposed regulations, 

NOAA would have the authority to 

authorize federal, state, or local permits 

for construction and dredging activities 

that would otherwise violate the 

proposed regulations in Maunalua Bay. 

Under the proposed regulation, any 

permittee with a pre-existing (at the 

time of final rule) federal, state, or local 

permit would need to notify NOAA of 

the permitted activity. Then the 

permittee would need to come into 

compliance with the sanctuary 

regulations by getting an authorization 

from NOAA within 1 year of the 

effective date of the final regulations. 

See Section 11 below for more 

information on authorization authority. 

10d. Possessing or Using Explosives in 

the SSMAs 

NOAA is proposing to prohibit 

possessing or using explosives within 

the SSMAs, with exceptions for 

explosives used for valid law 

enforcement purposes. 

This proposed prohibition is 

consistent with the current State of 

Hawai‘i regulations. Currently, the state 

prohibits the possession and use of 

explosives in or around fishing areas in 

state waters within three nautical miles 

(HAR § 13–75, HRS § 188–23). 

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10e. Introducing or Releasing 

Introduced Species in or Into the 

SSMAs 

NOAA is proposing to prohibit 

introducing or otherwise releasing an 

introduced species into the SSMAs, 

with an exception for species cultivated 

by aquaculture activities in state waters 

pursuant to a valid lease, permit, license 

or other authorization issued by DLNR 

or NMFS on the effective date of this 

final regulation. Introduced species can 

pose a major economic and 

environmental threat to the living 

resources and habitats of a sanctuary as 

well as the commercial and recreational 

uses that depend on these resources. 

NOAA understands that not all 

introduced species will become invasive 

species; however, national marine 

sanctuaries are mandated by law to 

preserve the natural character of 

national marine sanctuary ecosystems 

and any proposed alteration of the 

natural biological community (e.g. 

introduction of a foreign species) is 

contrary to the purpose of sanctuary 

designation. 

11. Permits and Authorizations 

11a. General Permits 

NOAA is proposing to add to 

HIHWNMS regulations the authority to 

consider permits for the following four 

activities otherwise prohibited: 

• Discharges of material or matter in 

the Special Sanctuary Management 

Areas (SSMAs); 

• discharges of material or matter 

outside SSMAs that may enter and 

injure; 

• disturbance of submerged lands of 

the SSMAs; and 

• damaging cultural and maritime 

resources. 

As proposed, NOAA’s permitting 

authority would apply sanctuary-wide 

only to activities prohibited by the 

proposed damaging cultural and 

maritime resources regulation. NOAA 

would only consider permits for 

activities prohibited by the proposed 

regulations for discharge and 

disturbance of the submerged lands in 

the SSMAs (and are therefore limited to 

the SSMAs). 

Similar to other national marine 

sanctuaries, NOAA is proposing to 

consider these permits only for the 

purposes of sanctuary education, 

research, and management (see the 

Summary of Regulations below for a 

specific description of these categories). 

NOAA is also proposing to add a fourth 

permit category for actions involving 

‘‘installation of submarine cables.’’ This 

permit category would only apply to 

submarine cable activities otherwise 

prohibited in the SSMAs (and, 

therefore, apply only to the SSMAs). 

To address the above additions to the 

ONMS general permit authority for 

HIHWNMS, NOAA would amend 

regulatory text in the program-wide 

regulations in sections 922.48 and 

922.50 to add references to Subpart Q, 

as appropriate. NOAA would also add a 

new section 922.188 in Subpart Q titled 

‘‘Permit procedures and review 

criteria.’’ Further, NOAA would add a 

subparagraph to 922.184 that would 

specify which general permit categories 

apply to which prohibited activities. 

11b. Authorizations 

NOAA also proposes to provide 

HIHWNMS with the authority to 

consider allowing an otherwise 

prohibited activity if such activity is 

specifically authorized by any valid 

Federal, State, or local lease, permit, 

license, approval, or other 

authorization. Authorization authority 

is intended to streamline regulatory 

requirements by reducing the need for 

multiple permits and would apply to all 

proposed prohibitions at 922.49 Subpart 

Q. As such, NOAA proposes to amend 

the regulatory text at 922.49 to add 

reference to Subpart Q and at 922.184 

(HIHWNMS regulations). 

11c. Special Use Permits 

NOAA proposes to allow the ONMS 

Director to issue special use permits 

(SUPs) at HIHWNMS as established by 

Section 310 of the NMSA. Although 

SUP authority is established statutorily, 

NOAA has not exercised this authority 

at HIHWNMS. In the proposed 

regulatory changes, NOAA intends to 

make it clear that the ONMS Director 

may issue SUPs at HIHWNMS. 

SUPs can be used to authorize the 

conduct of specific activities in a 

sanctuary if such authorization is 

necessary (1) to establish conditions of 

access to and use of any sanctuary 

resource; or (2) to promote public use 

and understanding of a sanctuary 

resource. The activities that qualify for 

a SUP are set forth in the Federal 

Register (78 FR 25957; May 3, 2013). 

Categories of SUPs may be changed or 

added to through public notice and 

comment. The list of categories subject 

to the requirements of special use 

permits is: 

1. The placement and recovery of 

objects associated with public or private 

events on non-living substrate of the 

submerged lands of any national marine 

sanctuary. 

2. The placement and recovery of 

objects related to commercial filming. 

3. The continued presence of 

commercial submarine cables on or 

within the submerged lands of any 

national marine sanctuary. 

4. The disposal of cremated human 

remains within or into any national 

marine sanctuary. 

5. Recreational diving near the USS 

Monitor. 

6. Fireworks displays. 

7. The operation of aircraft below the 

minimum altitude in restricted zones of 

national marine sanctuaries. 

The NMSA places certain 

requirements on any issuance of a SUP 

by the ONMS Director. Specifically, it 

states that the Director: 

Shall authorize the conduct of an 

activity only if that activity is 

compatible with the purposes for which 

the sanctuary is designated and with 

protection of sanctuary resources; 

Shall not authorize the conduct of any 

activity for a period of more than 5 years 

unless renewed by the Secretary; 

Shall require that activities carried 

out under the permit be conducted in a 

manner that does not destroy, cause the 

loss of, or injure Sanctuary resources; 

and 

Shall require the permittee to 

purchase and maintain comprehensive 

general liability insurance, or post an 

equivalent bond, against claims arising 

out of activities conducted under the 

permit and to agree to hold the United 

States harmless against such claims. 

The NMSA allows the assessment and 

collection of fees for the conduct of any 

activity under a SUP. The fees collected 

could be used to recover the 

administrative costs of issuing the 

permit, the cost of implementing the 

permit, and the fair market value of the 

use of sanctuary resources. 

III. Summary of Proposed Changes to 

the Sanctuary Terms of Designation 

Section 304(a)(4) of the National 

Marine Sanctuaries Act (NMSA) 

requires that the terms of designation 

include the geographic area included 

within the sanctuary; the characteristics 

of the area that give it conservation, 

recreational, ecological, historical, 

research, educational, or aesthetic value; 

and the types of activities that will be 

subject to regulation by the Secretary of 

Commerce to protect these 

characteristics. 

Pursuant to the NMSA and the 

HINMSA, the terms of designation of 

the sanctuary shall be modified 

pursuant to Sections 303 and 304 of the 

NMSA and Sections 2305 and 2306 of 

the HINMSA. 

With this proposed rule, NOAA is 

proposing changes to the HIHWNMS 

terms of designation, which were 

previously published in the Federal 

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Register on March 28, 1997 (62 FR 

14799). The changes would: 

1. Modify the introduction to change 

the name of the sanctuary to the 

Hawaiian Islands National Marine 

Sanctuary—Na ̄ Kai ‘Ewalu, and recharacterize the purpose of the 

sanctuary as ecosystem-based (rather 

than single species). 

2. Modify Article I. Effect of 

Designation to change the name of the 

sanctuary to the Hawaiian Islands 

National Marine Sanctuary—Na ̄ Kai 

‘Ewalu. 

3. Modify Article II. Description of the 

Area to update the boundary description 

with the new areas NOAA proposes 

adding to the sanctuary and remove the 

outdated text pertaining to Kahoolawe 

Island. 

4. Modify Article III. Characteristics of 

the Area to update information on the 

abundance of humpback whales found 

near the Hawaiian Islands. 

5. Modify Article IV. Scope of 

Regulations to update the activities 

regulated to include the activities 

covered by the proposed regulations. 

6. Modify Article V to update the 

reference to the NMSA. 

The revised terms of designation are 

proposed to read as follows (new text in 

bold and deleted text in brackets and 

italics): 

DESIGNATION OF THE HAWAIIAN 

ISLANDS [HUMPBACK WHALE] 

NATIONAL MARINE SANCTUARY— 

NA ̄ KAI ‘EWALU 

On November 4, 1992, President Bush 

signed into law the Hawaiian Islands 

National Marine Sanctuary Act 

(HINMSA or Act; Subtitle C of the 

Oceans Act of 1992, Pub. L. 102–587) 

which designated the Hawaiian Islands 

Humpback Whale National Marine 

Sanctuary [(HIHWNMS or Sanctuary)], 

now called the Hawaiian Islands 

National Marine Sanctuary—Na ̄ Kai 

‘Ewalu (Sanctuary). The purposes of the 

Sanctuary are to: 

(1) protect and conserve the marine 

ecosystem of the Hawaiian islands 

including humpback whales, marine 

turtles and other protected species, 

[and their] Sanctuary habitat, and 

historic and cultural resources and 

values; 

(2) educate and interpret for the 

public the value [relationship] of 

[humpback whales to] the natural, 

historic and cultural value of the 

Hawaiian Islands marine environment; 

and 

(3) manage human uses of the 

Sanctuary consistent with the 

designation and Title III of the Marine 

Protection, Research and Sanctuaries 

Act, as amended (MPRSA; also cited as 

the National Marine Sanctuaries Act or 

NMSA), 16 U.S.C. 1431 et seq. [; and 

(4) provide for the identification of 

marine resources and ecosystems of 

national significance for possible 

inclusion in the Sanctuary.] 

ARTICLE I. EFFECT OF DESIGNATION 

Section 2306 of the HINMSA requires 

the Secretary to develop and issue a 

comprehensive management plan and 

implementing regulations to achieve the 

policy and purposes of the Act, 

consistent with the procedures of 

sections 303 and 304 of the NMSA. 

Section 304 of the NMSA authorizes the 

issuance of such regulations as are 

necessary and reasonable to implement 

the designation, including managing 

and protecting the conservation, 

recreational, ecological, historical, 

research, educational and aesthetic 

resources and qualities of the Hawaiian 

Islands Humpback Whale National 

Marine Sanctuary, now called the 

Hawaiian Islands National Marine 

Sanctuary—Na ̄ Kai ‘Ewalu. Section 1 of 

Article IV of this Designation Document 

lists activities subject to regulation 

which are those activities that may be 

regulated on the effective date of the 

regulations, or at some later date in 

order to implement the Sanctuary 

designation. 

ARTICLE II. DESCRIPTION OF THE 

AREA 

The HINMSA identified a Sanctuary 

boundary but authorized the Secretary 

to modify the boundary as necessary to 

fulfill the purposes of the designation. 

The Sanctuary boundary was modified 

by the Secretary to encompass the 

submerged lands and waters off the 

coast of the Hawaiian Islands extending 

seaward from the shoreline, cutting 

across the mouths of rivers and 

streams,— 

(1) O‘ahu: The sanctuary boundary 

on the southern shore of O‘ahu is 

defined by the coordinates provided in 

table A1 and the following textual 

description. The boundary begins ENE 

of Makapu‘u Point roughly 3.2 nautical 

miles offshore at Point 1. It 

approximates the 100-fathom (182.8 

meter) isobath line extending first 

clockwise to the SE, then to the SW, 

and finally to the west to Point 68 in 

numerical order. From Point 68 the 

boundary extends NE towards Point 69 

until it intersects the tip of the 

Kapahulu Groin. From this intersection 

the boundary extends towards Point 70 

until it intersects the shoreline. From 

this intersection the boundary then 

follows the shoreline eastward around 

Diamondhead Crater and Maunalua 

Bay until it intersects the line segment 

between Point 71 and Point 72 at the 

western entrance to the Hawaii Kai 

Marina. From this intersection the 

boundary moves towards Point 72 

across the entrance to the marina until 

it intersects the shoreline again. The 

boundary then follows the shoreline 

eastward until it intersects the line 

segment between Point 73 and Point 74 

at the eastern entrance to the Hawaii 

Kai Marina. From this intersection the 

boundary moves towards Point 74 

across the entrance to the marina until 

it intersects the shoreline again. The 

boundary then follows the shoreline 

south around Koko Head and then 

northward around Pai‘olu‘olu Point, 

into Hanauma Bay and then back out 

and around Palea Point. The boundary 

then continues to follow the shoreline 

to the NE until it intersects the line 

between Point 75 and Point 76 at 

Makapu‘u Point. From this intersection 

the boundary extends seaward to the 

NE to Point 76. The sanctuary boundary 

on the North Shore of O‘ahu is defined 

by the coordinates provided in table A2 

and the following textual description. 

The boundary extends from Point 1, 

located roughly 3.3 nautical miles NW 

of Ali‘i Beach Park in Hale‘iwa, 

approximating the 100-fathom (182.8 

meter) isobath line first to the NE and 

then to the SE to Point 60 in numerical 

order roughly 2.5 nautical miles NE of 

Ma ̄hie Point. The eastern edge of the 

sanctuary extends SW from Point 60 

towards Point 61 at Ma ̄hie Point (aka 

Makahonu Point) until it intersects the 

shoreline. From this intersection the 

boundary follows the shoreline to the 

NW around Kahuku Point and then to 

the SW until it intersects the line 

segment between Point 62 and Point 63 

at the eastern breakwater protecting 

Haleiwa Harbor. From this intersection 

the boundary extends towards Point 63 

and the western breakwater until it 

intersects the shoreline again. From this 

intersection the boundary follows the 

shoreline to the SW until it intersects 

the line segment between Point 64 and 

Point 65 at the southwestern end of 

Ali‘i Beach Park. From this intersection 

the sanctuary boundary extends 

seaward to the NW to Point 65. 

(2) Hawai‘i: The sanctuary boundary 

of Hawai‘i Island is defined by the 

coordinates provided in table A3 and 

the following textual description. The 

boundary begins offshore roughly 0.5 

nautical miles west of Kea ̄hole Point at 

Point 1, and approximates the 100- 

fathom (182.8 meter) isobath line as it 

extends northward to Point 102 in 

numerical order. The northeastern edge 

of the sanctuary boundary extends from 

Point 102 south towards Point 103 on 

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the northern tip of ‘Upolu point until it 

intersects the shoreline. From this 

intersection, the boundary extends west 

and then south along the shoreline until 

it intersects the line segment between 

Point 104 and Point 105 to the north of 

Kawaihae Harbor. Kawaihae Harbor is 

excluded from the sanctuary so the 

boundary extends across the mouth of 

the harbor from this intersection 

towards Point 105 on the outer 

breakwater of Kawaihae Harbor until it 

intersects the shoreline. From this 

intersection the boundary continues 

south along the shoreline until it 

intersects the line segment between 

Point 106 and Point 107 at the 

westernmost tip of Hawai‘i Island 

(Kea ̄hole Point), west of the southern 

end of Kona Airport. From this 

intersection, the boundary extends 

seaward approximately 0.5 nautical 

miles west to Point 107. 

(3) Ni‘ihau: The sanctuary boundary 

around the island of Ni‘ihau (including 

Lehua Island) is defined by the 

coordinates provided in table A4 and 

the following textual description. The 

landward boundary of Ni‘ihau and 

Lehua is the shoreline. The seaward 

boundary of Ni‘ihau and Lehua is 

approximately three nautical miles 

from the shoreline and extends around 

the islands from Points 1 to 60 in 

numerical order. 

(4) Kaua‘i: The sanctuary boundary 

off the north coast of Kaua‘i is defined 

by the coordinates in table A5 and the 

following textual description. The 

boundary begins offshore nearly 3.3 

nautical miles WNW of Ka‘ı ̄lio Point at 

Point 1 and approximates the 100- 

fathom (182.8 meters) isobath line as it 

extends eastward in numerical order to 

Point 59, approximately 1.5 nautical 

miles NE of Kepuhi point at roughly the 

Pila‘a/Waipake ahupua‘a boundary. 

The eastern edge of the sanctuary 

boundary then extends SW from Point 

59 towards Point 60 on Kepuhi Point 

until it intersects the shoreline. From 

this intersection the sanctuary 

boundary extends westward along the 

shoreline of the north coast of Kaua‘i, 

and then continues to follow the 

shoreline as it extends southward along 

the eastern shore of Hanalei Bay until 

it intersects the line segment between 

Point 61 and Point 62 at approximately 

the mouth of the Hanalei River. From 

this intersection the boundary extends 

towards Point 62 until it intersects the 

shoreline again. From this intersection 

the boundary continues to follow the 

shoreline south around Hanalei Bay 

and then westward around Ka‘ilio 

Point until it intersects the line between 

Point 63 and Point 64 at approximately 

the boundary of the Ha‘ena/

Hanaka ̄pi‘ai ahupua‘a NE of 

Hanaka ̄pi‘ai beach. From this 

intersection, the boundary extends 

seaward to the WNW to Point 64. 

(5) Maui Nui: The sanctuary 

boundary of Maui Nui between the 

islands of Moloka‘i, Lana’i, and Maui is 

defined by the coordinates in table A6 

and the following textual description. 

The boundary begins roughly 3.5 

nautical miles west of ‘I ̄lio Point off the 

northwest tip of Moloka‘i at Point 1. 

The boundary approximates the 100- 

fathom (182.8 meter) isobath line to the 

west and south around Penguin Bank 

and then back to the north and east 

following the coordinates in numerical 

order across Kalohi Channel to Point 

196 to the NE of Kaena on Lana‘i. The 

boundary then continues to 

approximate the 100-fathom (182.8 

meter) isobath line south around Lana’i 

and then east crossing the Kealaikahiki 

Channel and continuing between 

Kaho‘olawe and Molokini to the SE to 

Point 341 in numerical order roughly 

2.2 nautical miles WSW of Hanamanioa 

Light on the southern shore of Maui. 

The boundary then continues ENE 

towards Point 342 until it intersects the 

shoreline near the Hanamanioa Light. 

At this intersection the boundary 

follows the shoreline northward to 

Ma ̄‘alaea Bay until it intersects the line 

segment between Point 343 and Point 

344 at the eastern breakwater of the 

entrance to Ma ̄‘alaea Harbor. From this 

intersection the boundary continues 

toward Point 344 until it intersects the 

shoreline at the western breakwater of 

Ma ̄‘alaea Harbor. From this 

intersection the boundary continues to 

follow the shoreline SW around 

McGregor and Papawai Points and then 

to the NW until it reaches Lahaina 

Small Boat Harbor. The boundary 

continues along the shoreline of the 

outer breakwater of Lahaina Small 

Boat Harbor until it reaches the 

northern tip at the intersection of the 

shoreline and a line between points 345 

and 346. From this intersection the 

boundary extends offshore to the NNW 

for approximately 25 meters to point 

346. The boundary then heads WNW 

towards point 347 until it intersects the 

shoreline again. From this intersection 

the boundary then continues to follow 

the shoreline northward until it 

intersects the line between Point 348 

and Point 349 at Lipoa Point on the NW 

tip of Maui. From this intersection the 

boundary continues to the NNW across 

the Pailolo Channel through Point 349 

and Point 350 to the intersection of the 

line segment between Point 351 and 

Point 352 and the shoreline at Cape 

Halawa on the NE tip of Molokai. From 

this intersection the boundary 

continues to follow the shoreline to the 

SW and then westward until it 

intersects the line segment between 

Point 353 and Point 354 east of 

Kaunakakai Pier. From this 

intersection the boundary then 

continues offshore through Point 354 

and Point 355 and towards Point 356 to 

the west of Kaunakakai Pier until it 

intersects the shoreline. From this 

intersection the boundary continues to 

follow the shoreline westward until it 

intersects the line segment between 

Point 357 and Point 358 on the eastern 

seawall at the entrance to Lono Harbor. 

From this intersection the boundary 

continues towards Point 358 across the 

mouth of the harbor until it intersects 

the shoreline again. From this 

intersection the boundary continues to 

follow the shoreline westward around 

La ̄‘au Point, and then continues north 

until it reaches the intersection of the 

shoreline with the line segment between 

Point 359 and Point 360 at ‘I ̄lio Point 

on the NW tip of Moloka‘i. From this 

intersection the boundary continues 

seaward to Point 361 west of ‘I ̄lio Point. 

The landward sanctuary boundary 

around the island of Lana‘i is the 

shoreline. The boundary follows the 

western shoreline of the island south 

from Keanapapa Point until it intersects 

the line between Point 362 and Point 

363 at the breakwater north of 

Kaumalapau Harbor. The boundary 

then extends towards Point 363 south of 

the harbor mouth, excluding 

Kaumalapau Harbor from the 

sanctuary, until it intersects the 

shoreline again. From this intersection 

the boundary continues to follow the 

shoreline south around Palaoa Point 

and then east until it intersects the line 

between Point 364 and Point 365 at the 

SE breakwater of Manele Small Boat 

Harbor. From this intersection the 

boundary extends across the mouth of 

the harbor towards Point 365 until it 

intersects the shoreline again at the NE 

breakwater, excluding Manele Small 

Boat Harbor from the sanctuary. From 

this intersection the boundary 

continues to follow the shoreline of 

Lana’i to the NE around Kikoa Point 

and continues counterclockwise around 

the island back to Keanapapa Point. 

[(1) To the 100-fathom (183 meter) 

isobath adjoining the islands of Maui, 

Molokai and Lanai, including Penguin 

Bank, but excluding the area within 

three nautical miles of the upper 

reaches of the wash of the waves on the 

shore of Kahoolawe Island; 

(2) To the deep water area of Pailolo 

Channel from Cape Halawa, Molokai, to 

Nakalele Point, Maui, and southward; 

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(3) To the 100-fathom (183 meter) 

isobath around the island of Hawaii; 

(4) To the 100-fathom (183 meter) 

isobath from Kailiu Point eastward to 

Makahuena Point, Kauai; and 

(5) To the 100-fathom (183 meter) 

isobath from Puaena Point eastward to 

Mahie Point, and from the Ala Wai 

Canal eastward to Makapuu Point, 

Oahu. 

Excluded from the Sanctuary 

boundary are the following commercial 

ports and small boat harbors: 

Hawaii (Big Island) 

Hilo Harbor Honokohau Boat Harbor 

Kawaihae Boat Harbor & Small Boat 

Basin 

Keauhou Bay 

Oahu 

Ala Wai Small Boat Basin 

Kauai 

Hanamaulu Bay 

Nawiliwili Harbor 

Lanai 

Kaumalapau Harbor 

Manele Harbor 

Maui 

Kahului Harbor 

Lahaina Boat Harbor 

Maalaea Boat Harbor 

Molokai 

Hale o Lono Harbor 

Kaunakakai Harbor 

As specified at sections 2305(b) of the 

HINMSA, on January 1, 1996, the area 

of the marine environment within 3 

nautical miles of the upper reaches of 

the wash of the waves on the shore of 

Kahoolawe Island was to become part of 

the Sanctuary, unless during the 3 

month period immediately preceding 

January 1, 1996, the Secretary certified 

in writing to Congress that the area was 

not suitable for inclusion in the 

Sanctuary. The Secretary made such a 

certification in December 1995. As such, 

the waters surrounding Kahoolawe are 

not included in the Sanctuary. The 

HINMSA was amended in 1996 to allow 

the Kahoolawe Island Reserve 

Commission (KIRC) to request inclusion 

of the marine waters three miles from 

Kahoolawe in the Sanctuary. Upon 

receiving a request from the KIRC, 

should NOAA determine that 

Kahoolawe waters may be suitable for 

inclusion in the Sanctuary, NOAA will 

prepare a supplemental environmental 

impact statement, management plan, 

and implementing regulations for that 

inclusion. This process will include the 

opportunity for public comment. 

Further, the Governor would have the 

opportunity to certify his or her 

objection to the inclusion, or any term 

of that inclusion, and if this occurs, the 

inclusion or term will not take effect.] 

ARTICLE III. CHARACTERISTICS OF 

THE AREA THAT GIVE IT 

PARTICULAR VALUE 

The Hawaiian Islands comprise an 

archipelago which consist of eight major 

islands and 124 minor islands, with a 

total land area of 6,471 [6,423] square 

miles, and a general coastline of 750 

miles. The central North Pacific stock of 

endangered humpback whales, the 

largest of the three North Pacific stocks, 

estimated to be at approximately 

50[10]% of its pre-whaling abundance, 

uses the waters around the main 

Hawaiian Islands for reproductive 

activities including breeding, calving 

and nursing. The warm, calm waters 

around the main Hawaiian Islands 

provide protective environments 

required for such activities. Of the 

known wintering and summering areas 

in the North Pacific used by humpback 

whales, the waters around the main 

Hawaiian Islands maintain the largest 

seasonally-resident population; 

approximately 12,000 to 16,000 [2,000 

to 3,000] humpback whales use these 

waters. The proximity to shore helps 

support an active commercial 

whalewatch industry, which is 

supported annually by millions of 

visitors who either directly or indirectly 

enjoy the Sanctuary waters. In sections 

2302 (1) and (4) of the HINMSA, 

Congressional findings state that ‘‘many 

of the diverse marine resources and 

ecosystems within the Western Pacific 

region are of national significance,’’ and 

‘‘the marine environment adjacent to 

and between the Hawaiian Islands is a 

diverse and unique subtropical marine 

ecosystem.’’ In addition, Congress found 

that the Sanctuary could be expanded to 

include other marine resources of 

national significance. The waters 

around the Hawaiian Islands contain 24 

other species of cetaceans, the highly 

endangered Hawaiian monk seal, three 

species of sea turtles and many other 

marine species endemic to this 

environment. Coastal Hawaiian waters 

also support spectacular coral reef 

ecosystems which provide local people 

with an abundant source of fish and are 

a popular dive destination for visitors 

worldwide. These waters also contain a 

number of cultural/historical resources, 

including those reflecting native 

Hawaiian traditions and uses. 

ARTICLE IV. SCOPE OF 

REGULATIONS 

Section 1. Activities Subject to 

Regulation. 

In order to implement the Sanctuary 

designation, the following activities 

may be regulated [are subject to 

regulation] to the extent necessary [and 

reasonable] to ensure the protection and 

management of the characteristics and 

values of the Sanctuary described above 

[; primarily the protection and 

management of humpback whales and 

their Sanctuary habitat. Regulation may 

include governing the method, location, 

and times of conducting the activity, 

and prohibition of the activity, after 

public notice and an opportunity to 

comment. If a type of activity is not 

listed it may not be regulated, except on 

an emergency basis, unless Section 1 of 

Article IV is amended by the procedures 

outlined in section 304(a) of the NMSA. 

Such activities are]: 

a. Taking or otherwise damaging 

natural resources; 

[a. Approaching, or causing another 

vessel or object to approach, by any 

means a humpback whale in the 

Sanctuary;] 

b. [Flying over a humpback whale in 

the Sanctuary in any type of aircraft 

except as necessary for takeoff or 

landing from an airport or runway; 

c.] Discharging or depositing any 

substance; [, from within or from beyond 

the boundary of the Sanctuary, any 

material or other matter into, or that 

enters or could enter the Sanctuary, 

without, or not in compliance with, the 

terms or conditions of a required, valid 

Federal or State permit, license, lease or 

other authorization;] 

c. Disturbing the benthic community; 

d. Removing or otherwise harming 

cultural or historical resources; 

e. Operating a vessel; 

f. Moving, removing, or tampering 

with any sign or other Sanctuary 

property; 

g. Introducing or otherwise releasing 

an introduced species. 

[d. Drilling into, dredging or otherwise 

altering the seabed of the Sanctuary; or 

constructing, placing or abandoning any 

structure, material or other matter on 

the seabed of the Sanctuary without, or 

not in compliance with, the terms or 

conditions of a required, valid Federal 

or State permit, license, lease or other 

authorization; 

e. Taking, removing, moving, 

catching, collecting, harvesting, feeding, 

injuring, destroying or causing the loss 

of, or attempting to take, remove, move, 

catch, collect, harvest, feed, injure, 

destroy or cause the loss of any 

humpback whale or humpback whale 

habitat; 

f. Possessing within the Sanctuary a 

humpback whale or part thereof 

regardless of where taken, removed, 

moved, caught, collected or harvested; 

and 

g. Interfering with, obstructing, 

delaying or preventing an investigation, 

search, seizure or disposition of seized 

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property in connection with 

enforcement of the HINMSA or NMSA 

or any regulation or permit issued under 

the HINMSA or NMSA.] 

Section 2. Emergencies. 

Where necessary to prevent or 

minimize the destruction of, loss of, or 

injury to a Sanctuary resource or 

quality; or minimize the imminent risk 

of such destruction, loss or injury, any 

activity, including those not listed in 

Section 1 of this Article, is subject to 

immediate temporary regulation, 

including prohibition. If such a 

situation arises, the Director of NOAA’s 

Office of National Marine Sanctuaries 

[Ocean and Coastal Resource 

Management] or his or her designee 

shall seek to notify and consult to the 

extent practicable with any relevant 

Federal agency and the Governor of the 

State of [Hawaii] Hawai‘i. 

ARTICLE V. EFFECT ON LEASES, 

PERMITS, LICENSES, AND RIGHTS 

Pursuant to section 304(c)(1) of the 

NMSA, 16 U.S.C. 1434(c)(1), no valid 

lease, permit, license, approval or other 

authorization issued by any Federal, 

State, or local authority of competent 

jurisdiction, or any right of subsistence 

use or access, may be terminated by the 

Secretary of Commerce, or his or her 

designee, as a result of this designation, 

or as a result of any Sanctuary 

regulation, if such authorization or right 

was in existence on the effective date of 

Sanctuary designation (November 4, 

1992). 

ARTICLE VI. ALTERATION OF THIS 

DESIGNATION 

The terms of designation, as defined 

under section 304(a) of the NMSA, may 

be modified only by the procedures 

outlined in section 304(a) of the NMSA, 

including public hearings, consultation 

with interested Federal, State, and 

county agencies, review by the 

appropriate Congressional committees, 

and review and non-objection by the 

Governor of the State of [Hawaii] 

Hawai‘i, and approval by the Secretary 

of Commerce, or his or her designee. 

HAWAIIAN ISLANDS [HUMPBACK 

WHALE] NATIONAL MARINE 

SANCTUARY—NA ̄ KAI ‘EWALU 

BOUNDARY COORDINATES 

Appendix A to subpart Q, part 922, 15 

CFR sets forth the precise boundary 

coordinates for the Sanctuary. 

IV. Classification 

National Environmental Policy Act 

NOAA has prepared a draft 

environmental impact statement to 

evaluate the environmental effects of the 

proposed rulemaking. Copies are 

available at the address and Web site 

listed in the ADDRESSES section of this 

proposed rule. Responses to comments 

received on this proposed rule will be 

published in the final environmental 

impact statement and preamble to the 

final rule. 

Coastal Zone Management Act 

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 regulations having an 

effect on state waters. Because the 

Hawaiian Islands Humpback Whale 

National Marine Sanctuary encompasses 

a portion of the Hawai‘i State waters, 

NOAA intends to submit a copy of this 

proposed rule and supporting 

documents to the State of Hawai‘i 

Coastal Zone Management Program for 

evaluation of Federal consistency under 

the CZMA. 

Executive Order 12866: Regulatory 

Impact 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

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. 

National Historic Preservation Act 

The National Historic Preservation 

Act (NHPA; 16 U.S.C. 470 et seq.) is 

intended to preserve historical and 

archaeological sites in the United States 

of America. The act created the National 

Register of Historic Places, the list of 

National Historic Landmarks, and the 

State Historic Preservation Offices. 

Section 106 of the NHPA 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. The historic preservation 

review process mandated by Section 

106 is outlined in regulations issued by 

ACHP (36 CFR 800). In coordinating its 

responsibilities under the NHPA, NOAA 

has solicited for and identified 

consulting parties, and will complete 

the identification of historic properties 

and the assessment of the effects of the 

undertaking on such properties in 

scheduled consultations with those 

identified parties. By this notice NOAA 

seeks to solicit public input, particularly 

in regard to the identification of historic 

properties within the proposed areas of 

potential effect. Pursuant to 36 CFR 

800.16(1)(1), historic properties 

includes: ‘‘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. The term 

includes artifacts, records, and remains 

that are related to and located within 

such properties. The term includes 

properties of traditional religious and 

cultural importance to an Indian tribe or 

Native Hawaiian organization and that 

meet the National Register criteria.’’ 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification is as follows: 

The SBA has established thresholds 

on the designation of businesses as 

‘‘small entities’’. A fish-harvesting 

business is considered a small business 

if it has annual receipts not in excess of 

$3.5 million (13 CFR 121.201). Sports 

and recreation businesses and scenic 

and sightseeing transportation 

businesses are considered small 

businesses if they have annual receipts 

not in excess of $6 million (13 CFR 

121.201). According to these limits, 

each of the businesses potentially 

affected by the proposed rule, except 

those in the commercial marine 

transportation and submarine cable 

installation businesses would most 

likely be small businesses. The analysis 

presented here is based on limited 

quantitative information on how much 

activity occurs within the boundaries of 

the proposed expansion areas for 

HIHWNMS, except for commercial 

fishing operations. 

Methodology. Due to the lack of 

quantitative data on the number of 

businesses directly affected by the 

proposed regulations and their levels of 

revenues, costs and profits from their 

activities in the HIHWNMS expansion 

area, the assessment here is qualitative. 

NOAA analyzed four regulatory 

alternatives (identified as Alternatives 

1–4 in the Draft Environmental Impact 

Statement). User groups that entail 

small businesses included commercial 

fishing operation and recreation-tourism 

related businesses. Other user groups 

included in the full regulatory impact 

review in the DEIS and not included 

here are research and education, people 

who receive passive economic use value 

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from improvements in natural resource 

qualities/quantities, businesses in 

offshore energy (namely submarine 

cable installation) and those firms 

involved in marine transportation. 

Firms involved in offshore energy and 

marine transportation directly affected 

by the proposed regulations were judged 

not to be small businesses. 

NOAA assessed two types of 

regulations included in the proposed 

action (discharges and submerged 

lands—seabed alterations), which are 

only proposed to apply to three areas 

called Special Sanctuary Management 

Areas (SSMAs) within the HIHWNMS. 

NOAA also analyzed the impact of all 

regulations combined. Submarine cable 

regulations addressed in the full 

regulatory impact review are not 

discussed here since that industry is 

judged not to involve small businesses. 

Discharge Regulations. Under the 

proposed rule, NOAA would prohibit 

discharging or depositing any material 

or matter into the three SSMAs, with an 

exception for treated biodegradable 

effluents incidental to vessel use. Many 

commercial vessels affected by the 

proposed regulations are expected to 

belong to commercial fishing operations 

and businesses involved in providing 

guide services in the recreation tourism 

industry (e.g. charter and party boat 

fishing operations and whale-watching 

or other wildlife observation or guide 

businesses). Boats are already 

prohibited from discharging untreated 

effluent in state waters under state law. 

Of the three proposed Special 

Sanctuary Management Areas, Penguin 

Bank and Maui Nui are active 

commercial fishing grounds. According 

to Vessel Management System (VMS) 

data, only 68 commercial fishing vessels 

entered the Special Sanctuary 

Management Areas in the last year. 

There are 42 permitted commercial 

boats operating out of Lahaina and all of 

these boats are using the federal waters 

of Maui Nui. This information is 

generally consistent with the 

information compiled during the Ocean 

Etiquette trainings and the USCG 

Marine Safety Office inventory for Maui. 

Based on a 2012 survey conducted by 

the Pacific Islands Fisheries Science 

Center, there were roughly 170 active 

charter boat operations in the main 

Hawai‘i Islands, with roughly 100 of 

these operating out of the big island of 

Hawai‘i. Roughly 55 boats were based in 

Maui and O‘ahu, the islands adjacent to 

the Special Sanctuary Management 

Areas. The average charter boat length 

in Maui and O‘ahu was 40 feet and 39 

feet, respectively. 

Additionally, 99 active tour vessels 

operate out of Maui County, of which 55 

are whale-watching operations. These 

larger vessels carry dozens of passengers 

and are typically equipped with a Coast 

Guard certified Marine Sanitation 

Device (MSD) that, if properly used, is 

compliant with the proposed treatment 

requirement in the Special Sanctuary 

Management Areas. At a minimum, 

most of the commercial operators have 

holding tanks. 

There are pump out stations in the 

major harbors of the Maui Nui area 

(Lahaina and Ma ̄‘alaea), which ensures 

ease of compliance for boats that only 

have a holding tank. Furthermore, some 

tour operators have retrofitted their 

boats to increase the holding capacity 

and eliminate the need for discharging 

at sea. 

Taking into account all of the above 

information, including the relatively 

modest total number of vessels 

operating in the Special Sanctuary 

Management Areas and the high 

proportion of vessels already equipped 

with compliant marine sanitation 

devices, NOAA expects there to be 

negligible costs from these new 

regulations. 

NOAA expects both the commercial 

fishing industry and the recreationtourism industry to receive moderate 

net benefits from these regulations in 

the form of improved habitat qualities, 

which would likely result in increased 

fish stocks for commercial and 

recreational fishing. In addition, NOAA 

expects that the resulting improved 

habitat qualities would benefit the 

recreation-tourism industry, which 

depends upon a healthy and thriving 

sanctuary ecosystem to support its 

business. Thus, NOAA expects that the 

commercial fishing and recreationtourism industries would experience a 

net benefit from the discharge 

regulations. NOAA expects the 

proposed action to generate a mid-range 

level of costs with a mid-range level of 

net benefits compared with all other 

regulatory alternatives. Land use and 

development businesses would not be 

directly affected by the discharge 

regulations. 

NOAA invites public comments from 

small business owners and members of 

the public potentially affected by the 

new discharge regulations to better 

understand and assess any impact of 

these proposed regulations. 

Submerged lands — Seabed 

Alteration Regulations. Regulations 

prohibiting disturbances of the seabed 

in Special Sanctuary Management Areas 

would impact the commercial fishing 

industry and the recreation tourism 

industry. NOAA expects these 

industries to receive moderate net 

benefits from these regulations because 

of the improvement or maintenance of 

habitat qualities that these industries 

depend upon. NOAA also expects 

businesses in these industries to 

experience negligible increases in costs 

of operations because there is no 

significant anchoring activity in the 

Special Sanctuary Management Areas. 

Because of the exceptions, permit, and 

authorization processes in the proposed 

action, which may allow for some 

activities that disturb the seabed, 

including a proposed submarine cable 

installation, costs would be expected to 

be in the mid-range of costs across all 

alternatives. 

All other regulatory amendments to 

the HIHWNMS regulations proposed in 

this rulemaking are either technical 

changes or are not expected to have any 

measurable impact, economic or 

otherwise, on the resources and 

businesses operating in and near the 

Special Sanctuary Management Areas. 

Because this action would not have a 

significant economic impact on a 

substantial number of small entities, no 

initial regulatory flexibility analysis was 

prepared. 

Because the impacts of this proposed 

rule on commercial fishing, recreational 

tourism, and land use and development 

businesses are minimal, the Chief 

Counsel for Regulation certified to the 

Chief Counsel for Advocacy at SBA that 

this rulemaking would not have a 

significant economic impact on a 

substantial number of small entities. 

Paperwork Reduction Act 

ONMS has a valid Office of 

Management and Budget (OMB) control 

number (0648–0141) for the collection 

of public information related to the 

processing of ONMS permits across the 

National Marine Sanctuary System. 

NOAA’s proposal to expand HIHWNMS 

would likely result in an increase in the 

number of requests for ONMS general 

permits, special use permits, and 

authorizations since this action 

proposes to add general permits and 

special use permits, certifications, 

appeals, and the authority to authorize 

other valid federal, state, or local leases, 

permits, licenses, approvals, or other 

authorizations. An increase in the 

number of ONMS permit requests 

would require a change to the reporting 

burden certified for OMB control 

number 0648–0141. An update to this 

control number for the processing of 

ONMS permits would be requested as 

part of the final rule for sanctuary 

expansion. 

Nationwide, NOAA issues 

approximately 200 national marine 

sanctuary permits each year. Of this 

amount, HIWHNMS is expected to add 

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4 to 5 permit requests per year. The 

public reporting burden for national 

marine sanctuaries permits is estimated 

to average 1.5 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed and completing and 

reviewing the collection of information. 

Send 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) and by email to OIRA_

submission@omb.eop.gov, or fax to (202) 

395–7285. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information subject 

to the requirements of the Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid 

OMB control number. 

V. Request for Comments 

NOAA requests comments on this 

proposed rule for by June 19, 2015. 

VI. References 

A complete list of all references cited 

herein is available upon request (see 

ADDRESSES section). 

List of Subjects in 15 CFR Part 922 

Administrative practice and 

procedure, Coastal zone, Historic 

preservation, Intergovernmental 

relations, Marine resources, Natural 

resources, Penalties, Recreation and 

recreation areas, Reporting and 

recordkeeping requirements, Wildlife. 

Dated: March 13, 2015. 

W. Russell Callender, 

Acting Assistant Administrator for Ocean 

Services and Coastal Zone Management. 

Accordingly, for the reasons 

discussed in the preamble, the National 

Oceanic and Atmospheric 

Administration proposes to amend 15 

CFR part 922 as follows: 

PART 922—NATIONAL MARINE 

SANCTUARY PROGRAM 

REGULATIONS 

■ 1. Revise subpart Q to read as follows: 

Subpart Q—Hawaiian Islands National 

Marine Sanctuary—Na ̄ Kai ‘Ewalu 

Contents 

§ 922.180 Purpose. 

§ 922.181 Boundary. 

§ 922.182 Definitions. 

§ 922.183 Allowed activities. 

§ 922.184 Prohibited activities. 

§ 922.185 Emergency regulations. 

§ 922.186 Penalties; appeals. 

§ 922.187 Interagency cooperation. 

§ 922.188 Permit procedures and review 

criteria. 

Appendix A to Subpart Q of Part 922— 

Hawaiian Islands National Marine 

Sanctuary—Na ̄ Kai ‘Ewalu Boundary 

Description and Coordinates of the 

Lateral Boundary Closures and Excluded 

Areas. 

Appendix B to Subpart Q of Part 922— 

Special Sanctuary Management Area 

Boundaries. 

Authority: 16 U.S.C. 1431 et seq. and 

subtitle C, title II, Pub. L. 102–587, 106 Stat. 

5055. 

Subpart Q—Hawaiian Islands National 

Marine Sanctuary—Na ̄ Kai ‘Ewalu 

§ 922.180 Purpose. 

(a) The purpose of the regulations in 

this subpart is to implement the 

designation of the Hawaiian Islands 

National Marine Sanctuary—Na ̄ Kai 

‘Ewalu by regulating activities affecting 

the resources of the Sanctuary or any of 

the qualities, values, or purposes, for 

which the Sanctuary was designated, in 

order to protect, preserve, and manage 

the conservation, ecological, 

recreational, research, educational, 

historical, cultural, and aesthetic 

resources and qualities of the area. The 

regulations are intended to supplement 

and complement existing regulatory 

authorities; and to facilitate all public 

and private uses of the Sanctuary, to the 

extent compatible with the primary 

objective of an ecosystem-based 

management approach that is inclusive 

of all aspects of the marine ecosystem 

emphasizing the biological, physical, 

and human components of a healthy 

marine environment, including 

protecting the humpback whale and its 

habitat, that are essential components of 

the marine ecosystem. Public and 

private uses of the Sanctuary include, 

but are not limited to, uses of Hawaiian 

natives customarily and traditionally 

exercised for subsistence, cultural, and 

religious purposes; as well as education, 

research, recreation, commercial and 

military activities; to reduce conflicts 

between compatible uses; to maintain, 

restore, and enhance the humpback 

whale and other protected species and 

their habitat; to contribute to the 

maintenance of natural assemblages of 

humpback whales and other protected 

species for future generations; more 

specifically to provide a place for 

humpback whales that are dependent on 

their Hawaiian Islands wintering habitat 

for reproductive activities, including 

breeding, calving, and nursing, and for 

the long-term survival of their species; 

and to achieve the other purposes and 

policies of the HINMSA and NMSA. 

(b) These regulations may be modified 

to fulfill the Secretary’s responsibilities 

for the Sanctuary, including the 

provision for additional protections of 

the Sanctuary ecosystem resources 

including for humpback whales and 

their habitat, as reasonably necessary, 

and the conservation and management 

of other marine resources, qualities and 

ecosystems of the Sanctuary determined 

to be of national significance. The 

Secretary shall consult with the 

Governor of the State of Hawai‘i on any 

modifications to the regulations 

contained in this part that pertain to 

State of Hawai‘i waters. For any 

modification of the regulations 

contained in this part that would 

contribute a change in a term of 

designation, as contained in the 

Designation Document for the 

Sanctuary, the Secretary shall follow the 

applicable requirements of section 303 

and 304 of the NMSA, and sections 

2305 and 2306 of the HINMSA. 

(c) Section 304(e) of the NMSA 

requires the Secretary to review 

management plans and regulations 

every five years, and make necessary 

revisions. Upon completion of the five 

year review of the Sanctuary 

management plan and regulations, the 

Secretary will repropose the Sanctuary 

management plan and regulations in 

their entirety with any proposed 

changes thereto. The Governor of the 

State of Hawai‘i will have the 

opportunity to review the re-proposed 

management plan and regulations before 

they take effect and if the Governor 

certifies any term or terms of such 

management plan or regulations as 

unacceptable, the unacceptable term or 

terms will not take effect in State waters 

of the Sanctuary. 

§ 922.181 Boundary. 

(a) The Hawaiian Islands National 

Marine Sanctuary—Na ̄ Kai ‘Ewalu 

(sanctuary) encompasses an area of 

approximately 1,224 square nautical 

miles (1,621 square miles) of coastal and 

ocean waters, and submerged lands 

thereunder, cutting across the mouths of 

rivers and streams, surrounding the 

populated Hawaii Islands as described 

below. The precise boundary 

coordinates are listed in Appendix A to 

this subpart. 

(1) O‘ahu: The sanctuary boundary on 

the southern shore of O‘ahu is defined 

by the coordinates provided in table A1 

and the following textual description. 

The boundary begins ENE of Makapu‘u 

Point roughly 3.2 nautical miles 

offshore at Point 1. It approximates the 

100-fathom (182.8 meter) isobath line 

extending first clockwise to the SE., 

then to the SW., and finally to the west 

to Point 68 in numerical order. From 

Point 68 the boundary extends NE 

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towards Point 69 until it intersects the 

tip of the Kapahulu Groin. From this 

intersection the boundary extends 

towards Point 70 until it intersects the 

shoreline. From this intersection the 

boundary then follows the shoreline 

eastward around Diamondhead Crater 

and Maunalua Bay until it intersects the 

line segment between Point 71 and 

Point 72 at the western entrance to the 

Hawaii Kai Marina. From this 

intersection the boundary moves 

towards Point 72 across the entrance to 

the marina until it intersects the 

shoreline again. The boundary then 

follows the shoreline eastward until it 

intersects the line segment between 

Point 73 and Point 74 at the eastern 

entrance to the Hawaii Kai Marina. 

From this intersection the boundary 

moves towards Point 74 across the 

entrance to the marina until it intersects 

the shoreline again. The boundary then 

follows the shoreline south around 

Koko Head and then northward around 

Pai‘olu‘olu Point, into Hanauma Bay 

and then back out and around Palea 

Point. The boundary then continues to 

follow the shoreline to the NE until it 

intersects the line between Point 75 and 

Point 76 at Makapu‘u Point. From this 

intersection the boundary extends 

seaward to the NE to Point 76. The 

sanctuary boundary on the North Shore 

of O‘ahu is defined by the coordinates 

provided in table A2 and the following 

textual description. The boundary 

extends from Point 1, located roughly 

3.3 nautical miles NW of Ali‘i Beach 

Park in Hale‘iwa, approximating the 

100-fathom (182.8 meter) isobath line 

first to the NE and then to the SE to 

Point 60 in numerical order roughly 2.5 

nautical miles NE of Ma ̄hie Point. The 

eastern edge of the sanctuary extends 

SW from Point 60 towards Point 61 at 

Ma ̄hie Point (aka Makahonu Point) until 

it intersects the shoreline. From this 

intersection the boundary follows the 

shoreline to the NW around Kahuku 

Point and then to the SW until it 

intersects the line segment between 

Point 62 and Point 63 at the eastern 

breakwater protecting Haleiwa Harbor. 

From this intersection the boundary 

extends towards Point 63 and the 

western breakwater until it intersects 

the shoreline again. From this 

intersection the boundary follows the 

shoreline to the SW until it intersects 

the line segment between Point 64 and 

Point 65 at the southwestern end of Ali‘i 

Beach Park. From this intersection the 

sanctuary boundary extends seaward to 

the NW to Point 65. 

(2) Hawai‘i: The sanctuary boundary 

of Hawai‘i Island is defined by the 

coordinates provided in table A3 and 

the following textual description. The 

boundary begins offshore roughly 0.5 

nautical miles west of Kea ̄hole Point at 

Point 1, and approximates the 100- 

fathom (182.8 meter) isobath line as it 

extends northward to Point 102 in 

numerical order. The northeastern edge 

of the sanctuary boundary extends from 

Point 102 south towards Point 103 on 

the northern tip of ‘Upolu point until it 

intersects the shoreline. From this 

intersection, the boundary extends west 

and then south along the shoreline until 

it intersects the line segment between 

Point 104 and Point 105 to the north of 

Kawaihae Harbor. Kawaihae Harbor is 

excluded from the sanctuary so the 

boundary extends across the mouth of 

the harbor from this intersection 

towards Point 105 on the outer 

breakwater of Kawaihae Harbor until it 

intersects the shoreline. From this 

intersection the boundary continues 

south along the shoreline until it 

intersects the line segment between 

Point 106 and Point 107 at the 

westernmost tip of Hawai‘i Island 

(Kea ̄hole Point), west of the southern 

end of Kona Airport. From this 

intersection, the boundary extends 

seaward approximately 0.5 nautical 

miles west to Point 107. 

(3) Ni‘ihau: The sanctuary boundary 

around the island of Ni‘ihau (including 

Lehua Island) is defined by the 

coordinates provided in table A4 and 

the following textual description. The 

landward boundary of Ni‘ihau and 

Lehua is the shoreline. The seaward 

boundary of Ni‘ihau and Lehua is 

approximately three nautical miles from 

the shoreline and extends around the 

islands from Points 1 to 60 in numerical 

order. 

(4) Kaua‘i: The sanctuary boundary off 

the north coast of Kaua‘i is defined by 

the coordinates in table A5 and the 

following textual description. The 

boundary begins offshore nearly 3.3 

nautical miles WNW of Ka‘ı ̄lio Point at 

Point 1 and approximates the 100- 

fathom (182.8 meters) isobath line as it 

extends eastward in numerical order to 

Point 59, approximately 1.5 nautical 

miles NE of Kepuhi point at roughly the 

Pila‘a/Waipake ahupua‘a boundary. The 

eastern edge of the sanctuary boundary 

then extends SW from Point 59 towards 

Point 60 on Kepuhi Point until it 

intersects the shoreline. From this 

intersection the sanctuary boundary 

extends westward along the shoreline of 

the north coast of Kaua‘i, and then 

continues to follow the shoreline as it 

extends southward along the eastern 

shore of Hanalei Bay until it intersects 

the line segment between Point 61 and 

Point 62 at approximately the mouth of 

the Hanalei River. From this 

intersection the boundary extends 

towards Point 62 until it intersects the 

shoreline again. From this intersection 

the boundary continues to follow the 

shoreline south around Hanalei Bay and 

then westward around Ka‘ilio Point 

until it intersects the line between Point 

63 and Point 64 at approximately the 

boundary of the Ha‘ena/Hanaka ̄pi‘ai 

ahupua‘a NE of Hanaka ̄pi‘ai beach. 

From this intersection, the boundary 

extends seaward to the WNW to Point 

64. 

(5) Maui Nui: The sanctuary boundary 

of Maui Nui between the islands of 

Moloka‘i, Lana’i, and Maui is defined by 

the coordinates in table A6 and the 

following textual description. The 

boundary begins roughly 3.5 nautical 

miles west of ‘I ̄lio Point off the 

northwest tip of Moloka‘i at Point 1. The 

boundary approximates the 100-fathom 

(182.8 meter) isobath line to the west 

and south around Penguin Bank and 

then back to the north and east 

following the coordinates in numerical 

order across Kalohi Channel to Point 

196 to the NE of Kaena on Lana‘i. The 

boundary then continues to 

approximate the 100-fathom (182.8 

meter) isobath line south around Lana’i 

and then east crossing the Kealaikahiki 

Channel and continuing between 

Kaho‘olawe and Molokini to the SE to 

Point 341 in numerical order roughly 

2.2 nautical miles WSW of Hanamanioa 

Light on the southern shore of Maui. 

The boundary then continues ENE 

towards Point 342 until it intersects the 

shoreline near the Hanamanioa Light. At 

this intersection the boundary follows 

the shoreline northward to Ma ̄‘alaea Bay 

until it intersects the line segment 

between Point 343 and Point 344 at the 

eastern breakwater of the entrance to 

Ma ̄‘alaea Harbor. From this intersection 

the boundary continues toward Point 

344 until it intersects the shoreline at 

the western breakwater of Ma ̄‘alaea 

Harbor. From this intersection the 

boundary continues to follow the 

shoreline SW around McGregor and 

Papawai Points and then to the NW 

until it reaches Lahaina Small Boat 

Harbor. The boundary continues along 

the shoreline of the outer breakwater of 

Lahaina Small Boat Harbor until it 

reaches the northern tip at the 

intersection of the shoreline and a line 

between points 345 and 346. From this 

intersection the boundary extends 

offshore to the NNW for approximately 

25 meters to point 346. The boundary 

then heads WNW towards point 347 

until it intersects the shoreline again. 

From this intersection the boundary 

then continues to follow the shoreline 

northward until it intersects the line 

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between Point 348 and Point 349 at 

Lipoa Point on the NW tip of Maui. 

From this intersection the boundary 

continues to the NNW across the Pailolo 

Channel through Point 349 and Point 

350 to the intersection of the line 

segment between Point 351 and Point 

352 and the shoreline at Cape Halawa 

on the NE tip of Molokai. From this 

intersection the boundary continues to 

follow the shoreline to the SW and then 

westward until it intersects the line 

segment between Point 353 and Point 

354 east of Kaunakakai Pier. From this 

intersection the boundary then 

continues offshore through Point 354 

and Point 355 and towards Point 356 to 

the west of Kaunakakai Pier until it 

intersects the shoreline. From this 

intersection the boundary continues to 

follow the shoreline westward until it 

intersects the line segment between 

Point 357 and Point 358 on the eastern 

seawall at the entrance to Lono Harbor. 

From this intersection the boundary 

continues towards Point 358 across the 

mouth of the harbor until it intersects 

the shoreline again. From this 

intersection the boundary continues to 

follow the shoreline westward around 

La ̄‘au Point, and then continues north 

until it reaches the intersection of the 

shoreline with the line segment between 

Point 359 and Point 360 at ‘I ̄lio Point on 

the NW tip of Moloka‘i. From this 

intersection the boundary continues 

seaward to Point 361 west of ‘I ̄lio Point. 

The landward sanctuary boundary 

around the island of Lana‘i is the 

shoreline. The boundary follows the 

western shoreline of the island south 

from Keanapapa Point until it intersects 

the line between Point 362 and Point 

363 at the breakwater north of 

Kaumalapau Harbor. The boundary then 

extends towards Point 363 south of the 

harbor mouth, excluding Kaumalapau 

Harbor from the sanctuary, until it 

intersects the shoreline again. From this 

intersection the boundary continues to 

follow the shoreline south around 

Palaoa Point and then east until it 

intersects the line between Point 364 

and Point 365 at the SE breakwater of 

Manele Small Boat Harbor. From this 

intersection the boundary extends 

across the mouth of the harbor towards 

Point 365 until it intersects the 

shoreline again at the NE breakwater, 

excluding Manele Small Boat Harbor 

from the sanctuary. From this 

intersection the boundary continues to 

follow the shoreline of Lana’i to the NE 

around Kikoa Point and continues 

counterclockwise around the island 

back to Keanapapa Point. 

§ 922.182 Definitions. 

Other terms appearing in this subpart 

are defined at 15 CFR 922.3, and/or in 

the Marine Protection, Research, and 

Sanctuaries Act, as amended, 33 U.S.C. 

1401 et seq., and 16 U.S.C. 1431 et seq. 

Acts means the Hawaiian Islands 

National Marine Sanctuary Act 

(HINMSA; sections 2301–2307 of Pub. 

L. 102–587), and the National Marine 

Sanctuaries Act (NMSA; also known as 

Title III of the Marine Protection, 

Research, and Sanctuaries Act 

(MPRSA), as amended, 16 U.S.C. 1431 

et seq.). 

Adverse impact means an impact that 

independently or cumulatively 

damages, diminishes, degrades, impairs, 

destroys, or otherwise harms. 

Alteration of the seabed means 

drilling into, dredging, or otherwise 

altering a natural physical characteristic 

of the seabed of the Sanctuary; or 

constructing, placing, or abandoning 

any structure, material, or other matter 

on the seabed of the Sanctuary. 

Coral means but is not limited to 

species of the Phylum Cnidaria, 

including all species in the: Class 

Anthozoa, Subclass Hexacorallia, Order 

Scleractinia (stony corals); Class 

Anthozoa, Subclass Hexacorallia, Order 

Antipatharia (black corals); Class 

Anthozoa, Subclass Hexacorallia, Order 

Zoantharia, Family Parazoanthidae 

(gold coral); Class Anthozoa, Subclass 

Octocorallia, Order Alcyonacea (soft 

corals, bamboo coral, pink coral); Class 

Anthozoa, Subclass Octocorallia, Order 

Gorgonacea (gorgoneans); Class 

Anthozoa, Subclass Octocorallia, Order 

Pennatulacea (sea pens); Class 

Hydrozoa, Subclass Hydroidolina, Order 

Anthoathecata, Suborder Filifera, 

Family Stylasteridae (stylasterids) 

Introduced Species means any species 

(including, but not limited to, any of its 

biological matter capable of 

propagation) that is non-native to the 

ecosystems of the Sanctuary; or any 

organism into which altered genetic 

matter, or genetic matter from another 

species, has been transferred in order 

that the host organism acquires the 

genetic traits of the transferred genes. 

Live Rock means any Coral, basalt 

rock, or other natural structure with any 

living organisms growing in or on the 

Coral, basalt rock, or structure. 

Military activities means those 

military activities conducted by or 

under the auspices of the Department of 

Defense and any combined military 

activities carried out by the Department 

of Defense and the military forces of a 

foreign nation. 

Sanctuary means the Hawaiian 

Islands National Marine Sanctuary—Na ̄

Kai ‘Ewalu. 

Special Sanctuary Management Areas 

means discrete, biologically and/or 

culturally important areas that help 

sustain critical marine species and 

habitats. 

Shoreline means the upper reaches of 

the wash of the waves, other than storm 

or seismic waves, at high tide during the 

season of the year in which the highest 

wash of the waves occurs, usually 

evidenced by the edge of vegetation 

growth, or the upper limit of debris left 

by the wash of the waves. 

Take or taking a humpback whale 

means to harass, harm, pursue, hunt, 

shoot, wound, kill, trap, capture, collect 

or injure a humpback whale, or to 

attempt to engage in any such conduct. 

The term includes, but is not limited to, 

any of the following activities: 

collecting any dead or injured 

humpback whale, or any part thereof; 

restraining or detaining any humpback 

whale, or any part thereof, no matter 

how temporarily; tagging any humpback 

whale; operating a vessel or aircraft or 

doing any other act that results in the 

disturbing or molesting of any 

humpback whale. 

§ 922.183 Allowed activities. 

(a) All activities except those 

prohibited by § 922.184 may be 

undertaken in the Sanctuary subject to 

any emergency regulations promulgated 

pursuant to § 922.185, subject to the 

interagency cooperation provisions of 

section 304(d) of the NMSA [16 U.S.C. 

1434(d)] and § 922.187 of this subpart, 

and subject to the liability established 

by section 312 of the NMSA and 

§ 922.46 of this part. All activities are 

also subject to all prohibitions, 

restrictions, and conditions validly 

imposed by any other Federal, State, or 

county authority of competent 

jurisdiction. 

(b) Included as activities allowed 

under the first sentence of paragraph (a) 

of this section are all classes of military 

activities, internal or external to the 

Sanctuary, that are being or have been 

conducted before the effective date of 

these regulations, as identified in the 

Final Environmental Impact Statement/ 

Management Plan. Paragraphs (a)(1) 

through (a)(11) of § 922.184 do not 

apply to these classes of activities, nor 

are these activities subject to further 

consultation under section 304(d) of the 

NMSA. 

(c) Military activities proposed after 

the effective date of these regulations 

are also included as allowed activities 

under the first sentence of paragraph (a) 

of this § 922.183. Paragraphs (a)(1) 

through (a)(11) of § 922.184 apply to 

these classes of activities unless— 

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(1) They are not subject to 

consultation under section 304(d) of the 

NMSA and § 922.187 of this subpart, or 

(2) Upon consultation under section 

304(d) of the NMSA and § 922.187 of 

this subpart, NOAA’s findings and 

recommendations include a statement 

that paragraphs (a)(1) through (a)(11) of 

§ 922.184 do not apply to the military 

activity. 

(d) If a military activity described in 

paragraphs (b) or (c)(2) of this section is 

modified such that it is likely to destroy, 

cause the loss of, or injure a Sanctuary 

resource in a manner significantly 

greater than was considered in a 

previous consultation under section 

304(d) of the NMSA and § 922.187 of 

this subpart, or if the modified activity 

is likely to destroy, cause the loss of, or 

injure any Sanctuary resource not 

considered in a previous consultation 

under section 304(d) of the NMSA and 

§ 922.187 of this subpart, the modified 

activity will be treated as a new military 

activity under paragraph (c) of this 

section. 

(e) If a proposed military activity 

subject to section 304(d) of the NMSA 

and § 922.187 of this subpart is 

necessary to respond to an emergency 

situation and the Secretary of Defense 

determines in writing that failure to 

undertake the proposed activity during 

the period of consultation would impair 

the national defense, the Secretary of 

the military department concerned may 

request the Director that the activity 

proceed during consultation. If the 

Director denies such a request, the 

Secretary of the military department 

concerned may decide to proceed with 

the activity. In such case, the Secretary 

of the military department concerned 

shall provide the Director with a written 

statement describing the effects of the 

activity on Sanctuary resources once the 

activity is completed. 

§ 922.184 Prohibited activities. 

(a) The following activities are 

prohibited and thus unlawful for any 

person to conduct or cause to be 

conducted. 

(1)(i) Approaching in the Sanctuary, 

by any means, including by interception 

(e.g. by placing a vessel or person in the 

path of an oncoming humpback whale 

so that the whale surfaces within 100 

yards (91.4m) of the vessel or person), 

within 100 yards (91.4 m) of any 

humpback whale; 

(ii) Causing a vessel or other object to 

approach within 100 yards (91.4 m) of 

a humpback whale; 

(iii) Disrupting the normal behavior or 

prior activity of a whale by any other act 

or omission. A disruption of normal 

behavior may be manifested by, among 

other actions on the part of the whale, 

a rapid change in direction or speed; 

escape tactics such as prolonged diving, 

underwater course changes, underwater 

exhalation, or evasive swimming 

patterns; interruptions of breeding, 

nursing, or resting activities, attempts 

by a whale to shield a calf from a vessel 

or human observer by tail swishing or 

by other protective movement; or the 

abandonment of a previously frequented 

area; 

(iv) Exceptions: 

This paragraph (a)(1) does not apply 

to any approach is authorized by the 

National Marine Fisheries Service 

through a permit issued under 50 CFR 

part 222, subpart C, General Permit 

Procedures or through a similar 

authorization; 

(2) Operating any aircraft above the 

Sanctuary within 1,000 feet of any 

humpback whale except as necessary for 

takeoff or landing from an airport or 

runway, or as authorized under the 

MMPA and the ESA; 

(3)(i) Taking or possessing any 

humpback whales within the Sanctuary 

except as authorized by the Marine 

Mammal Protection Act (MMPA), or the 

Endangered Species Act (ESA; 

(ii) Taking or possessing any marine 

mammal, sea turtle, seabird, Endangered 

Species Act-listed species or Hawai‘i 

Revised Statutes chapter 195D listed 

species, within or above the Special 

Sanctuary Management Areas, except as 

authorized by the Marine Mammal 

Protection Act (MMPA); the Endangered 

Species Act (ESA); the Migratory Bird 

Treaty Act (MBTA); the Magnuson 

Stevens Fishery Conservation and 

Management Act; or Hawai‘i State Law. 

(4) Discharging or depositing any 

material or other matter in the Special 

Sanctuary Management Areas, except: 

(i) Fish, fish parts, chumming 

materials or bait used in or resulting 

from lawful fishing activities within the 

Sanctuary, provided that such discharge 

or deposit is during the conduct of 

lawful fishing activities within the 

Sanctuary; 

(ii) Biodegradable effluents incidental 

to vessel use and generated by Type I 

and II marine sanitation devices 

approved in accordance with section 

312 of the Federal Water Pollution 

Control Act33 U.S.C. 1322; 

(iii) Water generated by routine vessel 

operations (e.g., cooling water, deck 

wash down, and gray water as defined 

by section 312 of the Federal Water 

Pollution Control Act33 U.S.C. 1322) 

excluding oily wastes from bilge 

pumping; 

(iv) Engine exhaust; or 

(v) Discharge of biodegradable 

materials for traditional ceremonies 

associated with culturally important 

customs and usage (e.g. the discharge of 

leis, paper lanterns). 

(5) Discharging or depositing any 

material or other matter outside of the 

Special Sanctuary Management Areas if 

the discharge or deposit subsequently 

enters and injures a sanctuary resource 

within the Special Sanctuary 

Management Areas. 

(6) Dredging, drilling into, or 

otherwise altering in any way the 

submerged lands (including natural 

bottom formations, live rock and coral) 

within the Special Sanctuary 

Management Areas, except: 

(i) To anchor a vessel on sandy 

bottom or substrate other than live rock 

or coral; 

(ii) Routine maintenance of docks, 

seawalls, breakwaters, jetties, or piers 

authorized by any valid lease, permit, 

license, approval, or other authorization 

issued by any Federal, State, or local 

authority of competent jurisdiction; 

(iii) Installation and maintenance of 

navigational aids by, or pursuant to 

valid authorization by, any Federal, 

State, or local authority of competent 

jurisdiction; 

(iv) Activities associated with 

conducting harbor maintenance in 

accordance with a federal or state 

permit issued prior to [EFFECTIVE 

DATE OF FINAL RULE], including 

dredging of entrance channels during 

the time period of one year from the 

[final rule effective date]; 

(v) Aquaculture activities authorized 

under a permit issued by the State of 

Hawai‘i Department of Land and 

Natural Resources, the State of Hawai‘i 

Department of Health, the U.S. Army 

Corps of Engineers, or the National 

Marine Fisheries Service pursuant to 

applicable regulations under the 

appropriate fisheries management plan. 

(vi) Lawful fishing activities 

authorized under a permit issued by the 

State of Hawai‘i or the National Marine 

Fisheries Service pursuant to applicable 

regulations under the appropriate 

fisheries management plan. 

(7) Possessing or using explosives 

within the Special Sanctuary 

Management Areas, except for valid law 

enforcement purposes. 

(8) Introducing or otherwise releasing 

from within or into the Special 

Sanctuary Management Areas an 

introduced species, except species 

cultivated by aquaculture activities in 

state or federal waters pursuant to a 

valid lease, permit, license or other 

authorization issued by the State of 

Hawai‘i Department of Natural 

Resources, or the National Marine 

Fisheries Service in effect on the 

effective date of the final regulation. 

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(9) Removing, damaging, or tampering 

with any historical or cultural resource 

within the sanctuary. 

(10) Marking, defacing, or damaging 

in any way, or displacing or removing 

or tampering with any signs, notices, or 

placards, whether temporary or 

permanent, or with any monuments, 

stakes, posts, or other boundary markers 

related to the Sanctuary including 

boundary markers related to the Special 

Sanctuary Management Areas. 

(11) Interfering with, obstructing, 

delaying or preventing an investigation, 

search, seizure or disposition of seized 

property in connection with 

enforcement of either of the Acts or any 

regulations issued under either of the 

Acts. 

(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 valid law enforcement purposes. 

However, while such activities are not 

subject to paragraphs (a)(1) through (11) 

of this section, this paragraph (b) does 

not exempt the activity from the 

underlying prohibition or restriction 

under other applicable laws and 

regulations (e.g., MMPA, ESA, and 

CWA). 

(c)(1) The prohibitions in this section 

do not apply to any activity authorized 

by any lease, permit, license, approval, 

or other authorization issued after the 

effective date of regulatory amendments 

to this section and issued by any 

Federal, State, or local authority of 

competent jurisdiction, provided that 

the applicant complies with 15 CFR 

922.49, the Director notifies the 

applicant and authorizing agency that 

he or she does not object to issuance of 

the authorization, and the applicant 

complies with any terms and conditions 

the Director deems necessary to protect 

Sanctuary resources and qualities. 

(2) The prohibitions in this section do 

not apply to activities associated with 

harbor maintenance including dredging 

of entrance channels, provided the 

applicant requests an authorization of a 

valid federal or state permit from the 

Director. 

(d) The prohibitions in this section do 

not apply to any activity conducted in 

accordance with a general permit issued 

pursuant to § 922.188. 

§ 922.185 Emergency regulations. 

Where necessary to prevent or 

minimize the destruction of, loss of, or 

injury to a Sanctuary resource, or to 

minimize the imminent risk of such 

destruction, loss, or injury, any and all 

activities are subject to immediate 

temporary regulation, including 

prohibition. Before issuance of such 

regulations the Director shall consult to 

the extent practicable with any relevant 

Federal agency and the Governor of the 

State of Hawai‘i. Emergency regulations 

shall not take effect in State waters of 

the Sanctuary until approved by the 

Governor of Hawai‘i. 

§ 922.186 Penalties; appeals. 

(a) Pursuant to section 307 of the 

NMSA, each violation of either of the 

Acts, or any regulation in this subpart 

is subject to a civil penalty of not more 

than $100,000. Each such violation is 

subject to forfeiture of property or 

Sanctuary resources seized in 

accordance with section 307 of the 

NMSA. Each day of a continuing 

violation constitutes a separate 

violation. 

(b) Regulations setting forth the 

procedures governing the administrative 

proceedings for assessment of civil 

penalties for enforcement reasons, 

issuance and use of written warnings, 

and release or forfeiture of seized 

property appear at 15 CFR part 904. 

(c) A person subject to an action taken 

for enforcement reasons for violation of 

these regulations or either of the Acts 

may appeal pursuant to the applicable 

procedures in 15 CFR part 904. 

§ 922.187 Interagency cooperation. 

Under section 304(d) of the NMSA, 

Federal agency actions internal or 

external to a national marine sanctuary, 

including private activities authorized 

by licenses, leases, or permits, that are 

likely to destroy, cause the loss of, or 

injure any sanctuary resource are 

subject to consultation with the 

Director. The Federal agency proposing 

an action shall determine whether the 

activity is likely to destroy, cause the 

loss of, or injure a Sanctuary resource. 

To the extent practicable, consultation 

procedures under section 304(d) of the 

NMSA may be consolidated with 

interagency cooperation procedures 

required by other statutes, such as the 

ESA. The Director will attempt to 

provide coordinated review and 

analysis of all environmental 

requirements. 

§ 922.188 Permit procedures and review 

criteria. 

(a) Authority to issue general permits. 

The Director may allow a person to 

conduct an activity that would 

otherwise be prohibited by this subpart, 

through issuance of a general permit, 

provided the applicant complies with: 

(1) The provisions of subpart E; and 

(2) The relevant site specific 

regulations appearing in this subpart. 

(b) Sanctuary general permit 

categories. The Director may issue a 

sanctuary general permit under this 

subpart, subject to such terms and 

conditions as he or she deems 

appropriate, if the Director finds that the 

proposed activity falls within one of the 

following categories: 

(1) Research—activities that constitute 

scientific research on or scientific 

monitoring of national marine sanctuary 

resources or qualities; 

(2) Education—activities that enhance 

public awareness, understanding, or 

appreciation of a national marine 

sanctuary or national marine sanctuary 

resources or qualities; 

(3) Management—activities that assist 

in managing a national marine 

sanctuary; or 

(4) Installation of submarine cables— 

activities that involve the installation of 

a submarine cable 

(c) Review criteria. The Director shall 

not issue a permit under this subpart, 

unless he or she also finds that: 

(1) The proposed activity will be 

conducted in a manner compatible with 

the primary objective of protection of 

national marine sanctuary resources and 

qualities, taking into account the 

following factors: 

(i) The extent to which the conduct of 

the activity may diminish or enhance 

national marine sanctuary resources and 

qualities; and 

(ii) Any indirect, secondary or 

cumulative effects of the activity. 

(2) It is necessary to conduct the 

proposed activity within the national 

marine sanctuary to achieve its stated 

purpose; 

(3) The methods and procedures 

proposed by the applicant are 

appropriate to achieve the proposed 

activity’s stated purpose and eliminate, 

minimize, or mitigate adverse effects on 

sanctuary resources and qualities as 

much as possible; 

(4) The duration of the proposed 

activity and its effects are no longer than 

necessary to achieve the activity’s stated 

purpose; 

(5) The expected end value of the 

activity to the furtherance of national 

marine sanctuary goals and purposes 

outweighs any potential adverse 

impacts on sanctuary resources and 

qualities from the conduct of the 

activity; 

(6) The applicant is professionally 

qualified to conduct and complete the 

proposed activity; 

(7) The applicant has adequate 

financial resources available to conduct 

and complete the proposed activity and 

terms and conditions of the permit; 

(8) There are no other factors that 

would make the issuance of a permit for 

the activity inappropriate; and 

(9) For the installation of submarine 

cables, the activity is not required to 

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meet criterion in § 922.188(c)(5), 

however, it must be compliant with all 

applicable permit requirements from the 

State of Hawai‘i prior to consideration 

of approval for a sanctuary general 

permit. 

Appendix A to Subpart Q of Part 922— 

Hawaiian Islands National Marine 

Sanctuary—Na ̄ Kai ‘Ewalu Boundary 

Description and Coordinates of the 

Lateral Boundary Closures and 

Excluded Areas 

Coordinates listed in this appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983. 

TABLE A1—COORDINATES FOR O‘AHU

[South Unit] 

Point ID 

No. Latitude Longitude 

1 ................ 21.32908 ¥157.59613 

2 ................ 21.32450 ¥157.58972 

3 ................ 21.32370 ¥157.58183 

4 ................ 21.31688 ¥157.57428 

5 ................ 21.31280 ¥157.56408 

6 ................ 21.30933 ¥157.56160 

7 ................ 21.30358 ¥157.55573 

8 ................ 21.30048 ¥157.55447 

9 ................ 21.29697 ¥157.55477 

10 .............. 21.29273 ¥157.55672 

11 .............. 21.28485 ¥157.55673 

12 .............. 21.28198 ¥157.55822 

13 .............. 21.27330 ¥157.57037 

14 .............. 21.26792 ¥157.57482 

15 .............. 21.26257 ¥157.58341 

16 .............. 21.26286 ¥157.58604 

17 .............. 21.26233 ¥157.58793 

18 .............. 21.25687 ¥157.59453 

19 .............. 21.25527 ¥157.59808 

20 .............. 21.25498 ¥157.60996 

21 .............. 21.25599 ¥157.61382 

22 .............. 21.25854 ¥157.61889 

23 .............. 21.25950 ¥157.62353 

24 .............. 21.25787 ¥157.62687 

25 .............. 21.25896 ¥157.63431 

26 .............. 21.25771 ¥157.63925 

27 .............. 21.25701 ¥157.64764 

28 .............. 21.25579 ¥157.65214 

29 .............. 21.25488 ¥157.65769 

30 .............. 21.25691 ¥157.66220 

31 .............. 21.25535 ¥157.66722 

32 .............. 21.25736 ¥157.67633 

33 .............. 21.25591 ¥157.68225 

34 .............. 21.25648 ¥157.68615 

35 .............. 21.25622 ¥157.68892 

36 .............. 21.25365 ¥157.69587 

37 .............. 21.25401 ¥157.69999 

38 .............. 21.25209 ¥157.70641 

39 .............. 21.24458 ¥157.70903 

40 .............. 21.24200 ¥157.70882 

41 .............. 21.23830 ¥157.71003 

42 .............. 21.23592 ¥157.71225 

43 .............. 21.23203 ¥157.71399 

44 .............. 21.23090 ¥157.71620 

45 .............. 21.23209 ¥157.72239 

46 .............. 21.23484 ¥157.72541 

47 .............. 21.23959 ¥157.72534 

48 .............. 21.24323 ¥157.72720 

49 .............. 21.24570 ¥157.73037 

50 .............. 21.24606 ¥157.73490 

51 .............. 21.24458 ¥157.73833 

TABLE A1—COORDINATES FOR

O‘AHU—Continued 

[South Unit] 

Point ID 

No. Latitude Longitude 

52 .............. 21.24385 ¥157.74535 

53 .............. 21.24427 ¥157.75741 

54 .............. 21.24269 ¥157.76264 

55 .............. 21.23895 ¥157.76426 

56 .............. 21.23835 ¥157.76540 

57 .............. 21.23856 ¥157.77153 

58 .............. 21.23560 ¥157.78076 

59 .............. 21.23745 ¥157.78753 

60 .............. 21.23676 ¥157.79062 

61 .............. 21.23317 ¥157.79489 

62 .............. 21.23236 ¥157.79925 

63 .............. 21.23336 ¥157.80369 

64 .............. 21.23895 ¥157.81154 

65 .............. 21.24343 ¥157.81909 

66 .............. 21.24480 ¥157.82470 

67 .............. 21.24832 ¥157.83465 

68 .............. 21.25341 ¥157.84288 

69 * ............ 21.27112 ¥157.82373 

70 * ............ 21.27148 ¥157.82268 

71 * ............ 21.28530 ¥157.71885 

72 * ............ 21.28508 ¥157.71852 

73 * ............ 21.28152 ¥157.71197 

74 * ............ 21.28117 ¥157.71132 

75 * ............ 21.31080 ¥157.64947 

76 .............. 21.32908 ¥157.59613 

TABLE A2—COORDINATES FOR O‘AHU

[North Unit] 

Point ID 

No. Latitude Longitude 

1 ................ 21.62572 ¥158.15605 

2 ................ 21.62698 ¥158.15253 

3 ................ 21.63018 ¥158.14882 

4 ................ 21.63263 ¥158.14758 

5 ................ 21.63618 ¥158.14782 

6 ................ 21.63775 ¥158.14707 

7 ................ 21.64018 ¥158.14055 

8 ................ 21.64092 ¥158.13853 

9 ................ 21.64902 ¥158.12817 

10 .............. 21.65185 ¥158.12633 

11 .............. 21.65637 ¥158.12540 

12 .............. 21.65833 ¥158.12413 

13 .............. 21.68600 ¥158.10347 

14 .............. 21.69572 ¥158.09703 

15 .............. 21.71565 ¥158.07783 

16 .............. 21.71713 ¥158.07477 

17 .............. 21.72210 ¥158.06985 

18 .............. 21.72628 ¥158.06348 

19 .............. 21.73272 ¥158.05730 

20 .............. 21.74755 ¥158.02945 

21 .............. 21.74943 ¥158.01910 

22 .............. 21.75342 ¥158.00808 

23 .............. 21.75387 ¥158.00223 

24 .............. 21.75268 ¥157.99743 

25 .............. 21.75442 ¥157.99265 

26 .............. 21.75487 ¥157.98272 

27 .............. 21.75328 ¥157.96552 

28 .............. 21.74898 ¥157.94772 

29 .............. 21.74438 ¥157.93785 

30 .............. 21.74428 ¥157.93470 

31 .............. 21.73860 ¥157.92523 

32 .............. 21.73230 ¥157.90733 

33 .............. 21.72945 ¥157.90263 

34 .............. 21.72307 ¥157.89587 

35 .............. 21.71758 ¥157.89490 

TABLE A2—COORDINATES FOR

O‘AHU—Continued 

[North Unit] 

Point ID 

No. Latitude Longitude 

36 .............. 21.71525 ¥157.89268 

37 .............. 21.70803 ¥157.89025 

38 .............. 21.70027 ¥157.89058 

39 .............. 21.69265 ¥157.88755 

40 .............. 21.68493 ¥157.88752 

41 .............. 21.68057 ¥157.88633 

42 .............. 21.67202 ¥157.88228 

43 .............. 21.66358 ¥157.88037 

44 .............. 21.66267 ¥157.87958 

45 .............. 21.65977 ¥157.87975 

46 .............. 21.64427 ¥157.87622 

47 .............. 21.64232 ¥157.87615 

48 .............. 21.63667 ¥157.87812 

49 .............. 21.62942 ¥157.88288 

50 .............. 21.62860 ¥157.87927 

51 .............. 21.63042 ¥157.87293 

52 .............. 21.62833 ¥157.86775 

53 .............. 21.62230 ¥157.86168 

54 .............. 21.61802 ¥157.85973 

55 .............. 21.61662 ¥157.85815 

56 .............. 21.60818 ¥157.85312 

57 .............. 21.60318 ¥157.85148 

58 .............. 21.60112 ¥157.84863 

59 .............. 21.60057 ¥157.84235 

60 .............. 21.59228 ¥157.83485 

61 * ............ 21.56008 ¥157.86468 

62 * ............ 21.59652 ¥158.10447 

63 * ............ 21.59665 ¥158.10623 

64 * ............ 21.59032 ¥158.11052 

65 .............. 21.62572 ¥158.15605 

TABLE A3—COORDINATES FOR HAWAI‘I

Point ID 

No. Latitude Longitude 

1 ................ 19.72820 ¥156.07070 

2 ................ 19.74638 ¥156.08033 

3 ................ 19.75238 ¥156.08583 

4 ................ 19.76020 ¥156.08825 

5 ................ 19.76710 ¥156.09513 

6 ................ 19.77235 ¥156.09770 

7 ................ 19.77420 ¥156.09957 

8 ................ 19.77997 ¥156.10303 

9 ................ 19.78632 ¥156.10583 

10 .............. 19.79402 ¥156.10500 

11 .............. 19.80128 ¥156.10128 

12 .............. 19.80793 ¥156.10138 

13 .............. 19.81478 ¥156.10368 

14 .............. 19.82020 ¥156.09995 

15 .............. 19.82643 ¥156.09878 

16 .............. 19.82990 ¥156.09452 

17 .............. 19.83465 ¥156.09272 

18 .............. 19.83825 ¥156.08903 

19 .............. 19.84435 ¥156.08602 

20 .............. 19.84955 ¥156.08180 

21 .............. 19.86100 ¥156.06607 

22 .............. 19.86765 ¥156.06058 

23 .............. 19.87067 ¥156.05617 

24 .............. 19.87792 ¥156.05047 

25 .............. 19.88778 ¥156.03225 

26 .............. 19.89058 ¥156.02537 

27 .............. 19.89310 ¥156.02333 

28 .............. 19.89577 ¥156.01848 

29 .............. 19.89833 ¥156.01650 

30 .............. 19.90100 ¥156.01283 

31 .............. 19.90095 ¥155.99682 

32 .............. 19.90393 ¥155.99113 

mstockstill on DSK4VPTVN1PROD with PROPOSALS3

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 16241 

TABLE A3—COORDINATES FOR

HAWAI‘I—Continued 

Point ID 

No. Latitude Longitude 

33 .............. 19.91243 ¥155.98405 

34 .............. 19.91827 ¥155.98243 

35 .............. 19.91887 ¥155.98158 

36 .............. 19.91867 ¥155.97758 

37 .............. 19.91940 ¥155.97610 

38 .............. 19.93102 ¥155.96323 

39 .............. 19.93617 ¥155.95458 

40 .............. 19.94508 ¥155.95090 

41 .............. 19.94813 ¥155.94660 

42 .............. 19.95618 ¥155.93978 

43 .............. 19.96008 ¥155.93823 

44 .............. 19.96837 ¥155.92900 

45 .............. 19.97177 ¥155.92720 

46 .............. 19.97325 ¥155.92030 

47 .............. 19.97715 ¥155.91145 

48 .............. 19.97790 ¥155.90632 

49 .............. 19.97760 ¥155.90197 

50 .............. 19.97928 ¥155.90040 

51 .............. 19.98177 ¥155.89140 

52 .............. 19.98792 ¥155.88842 

53 .............. 19.98618 ¥155.88500 

54 .............. 19.98578 ¥155.88182 

55 .............. 19.98887 ¥155.87670 

56 .............. 19.99193 ¥155.87428 

57 .............. 19.99992 ¥155.87262 

58 .............. 20.00543 ¥155.86988 

59 .............. 20.01147 ¥155.86885 

60 .............. 20.01840 ¥155.86913 

61 .............. 20.02153 ¥155.86528 

62 .............. 20.02522 ¥155.86618 

63 .............. 20.02783 ¥155.86515 

64 .............. 20.02953 ¥155.86607 

65 .............. 20.03335 ¥155.86462 

66 .............. 20.04083 ¥155.86840 

67 .............. 20.04510 ¥155.86663 

68 .............. 20.04722 ¥155.86658 

69 .............. 20.05252 ¥155.86952 

70 .............. 20.06375 ¥155.88248 

71 .............. 20.07272 ¥155.88863 

72 .............. 20.07505 ¥155.89213 

73 .............. 20.08533 ¥155.90185 

74 .............. 20.09967 ¥155.91227 

75 .............. 20.11200 ¥155.91650 

76 .............. 20.12552 ¥155.91740 

77 .............. 20.13142 ¥155.92098 

78 .............. 20.13368 ¥155.92155 

79 .............. 20.13907 ¥155.92028 

80 .............. 20.14232 ¥155.92040 

81 .............. 20.14765 ¥155.92278 

82 .............. 20.15287 ¥155.92343 

83 .............. 20.15903 ¥155.92648 

84 .............. 20.16653 ¥155.92895 

85 .............. 20.19312 ¥155.93315 

86 .............. 20.20423 ¥155.93768 

87 .............. 20.21275 ¥155.93537 

88 .............. 20.23595 ¥155.93248 

89 .............. 20.24477 ¥155.93230 

90 .............. 20.24652 ¥155.93118 

91 .............. 20.25287 ¥155.92953 

92 .............. 20.26058 ¥155.92368 

93 .............. 20.26625 ¥155.92138 

94 .............. 20.27477 ¥155.91627 

95 .............. 20.27647 ¥155.91430 

96 .............. 20.27857 ¥155.90785 

97 .............. 20.28822 ¥155.90010 

98 .............. 20.29183 ¥155.89487 

99 .............. 20.29430 ¥155.88873 

100 ............ 20.29940 ¥155.88160 

101 ............ 20.30082 ¥155.87262 

102 ............ 20.29998 ¥155.85477 

TABLE A3—COORDINATES FOR

HAWAI‘I—Continued 

Point ID 

No. Latitude Longitude 

103 * .......... 20.26632 ¥155.84972 

104 * .......... 20.04058 ¥155.83260 

105 * .......... 20.03723 ¥155.83398 

106 * .......... 19.72743 ¥156.05997 

107 ............ 19.72820 ¥156.07070 

TABLE A4—COORDINATES FOR NI‘IHAU

Point ID 

No. Latitude Longitude 

1 ................ 22.07833 ¥160.09322 

2 ................ 22.07125 ¥160.06682 

3 ................ 22.06053 ¥160.05058 

4 ................ 22.04732 ¥160.04022 

5 ................ 22.03098 ¥160.01508 

6 ................ 22.02058 ¥160.00642 

7 ................ 22.00180 ¥159.99755 

8 ................ 21.98923 ¥159.99403 

9 ................ 21.97612 ¥159.99393 

10 .............. 21.96343 ¥159.99748 

11 .............. 21.94782 ¥160.00603 

12 .............. 21.94007 ¥160.01277 

13 .............. 21.93222 ¥160.02352 

14 .............. 21.92785 ¥160.02667 

15 .............. 21.91240 ¥160.02077 

16 .............. 21.89087 ¥160.01980 

17 .............. 21.87503 ¥160.02447 

18 .............. 21.86247 ¥160.03313 

19 .............. 21.85348 ¥160.04393 

20 .............. 21.83285 ¥160.08297 

21 .............. 21.82932 ¥160.09280 

22 .............. 21.82383 ¥160.12060 

23 .............. 21.81035 ¥160.12827 

24 .............. 21.80100 ¥160.13682 

25 .............. 21.79595 ¥160.13930 

26 .............. 21.76847 ¥160.14730 

27 .............. 21.75925 ¥160.15167 

28 .............. 21.74372 ¥160.16375 

29 .............. 21.73393 ¥160.17817 

30 .............. 21.72868 ¥160.19583 

31 .............. 21.72945 ¥160.21530 

32 .............. 21.73638 ¥160.23768 

33 .............. 21.74675 ¥160.25835 

34 .............. 21.75333 ¥160.26830 

35 .............. 21.77392 ¥160.28798 

36 .............. 21.79732 ¥160.29788 

37 .............. 21.81468 ¥160.30028 

38 .............. 21.85032 ¥160.30002 

39 .............. 21.86553 ¥160.29553 

40 .............. 21.87738 ¥160.28843 

41 .............. 21.89507 ¥160.28757 

42 .............. 21.91643 ¥160.28028 

43 .............. 21.92902 ¥160.27102 

44 .............. 21.94070 ¥160.25435 

45 .............. 21.95347 ¥160.24342 

46 .............. 21.96832 ¥160.23835 

47 .............. 21.97933 ¥160.23058 

48 .............. 21.98935 ¥160.21923 

49 .............. 21.99598 ¥160.20712 

50 .............. 21.99950 ¥160.19353 

51 .............. 21.99963 ¥160.17980 

52 .............. 22.00912 ¥160.17750 

53 .............. 22.01812 ¥160.17322 

54 .............. 22.03043 ¥160.16303 

55 .............. 22.03718 ¥160.15415 

56 .............. 22.04843 ¥160.14998 

57 .............. 22.05858 ¥160.14325 

58 .............. 22.06998 ¥160.13037 

TABLE A4—COORDINATES FOR

NI‘IHAU—Continued 

Point ID 

No. Latitude Longitude 

59 .............. 22.07723 ¥160.11288 

60 .............. 22.07833 ¥160.09322 

TABLE A5—COORDINATES FOR KAUA‘I

Point ID 

No. Latitude Longitude 

1 ................ 22.23023 ¥159.64483 

2 ................ 22.23658 ¥159.64328 

3 ................ 22.23943 ¥159.64090 

4 ................ 22.24108 ¥159.63825 

5 ................ 22.24470 ¥159.62752 

6 ................ 22.24473 ¥159.62460 

7 ................ 22.24307 ¥159.61835 

8 ................ 22.24340 ¥159.61615 

9 ................ 22.24463 ¥159.61438 

10 .............. 22.25070 ¥159.61090 

11 .............. 22.25657 ¥159.60623 

12 .............. 22.26618 ¥159.60690 

13 .............. 22.27078 ¥159.60590 

14 .............. 22.27325 ¥159.60388 

15 .............. 22.27597 ¥159.59985 

16 .............. 22.28132 ¥159.58828 

17 .............. 22.28415 ¥159.57682 

18 .............. 22.28480 ¥159.56468 

19 .............. 22.28368 ¥159.55173 

20 .............. 22.28235 ¥159.54530 

21 .............. 22.27953 ¥159.53727 

22 .............. 22.27672 ¥159.53092 

23 .............. 22.27338 ¥159.52600 

24 .............. 22.26862 ¥159.52285 

25 .............. 22.25572 ¥159.51848 

26 .............. 22.25582 ¥159.51748 

27 .............. 22.25715 ¥159.51645 

28 .............. 22.26298 ¥159.51533 

29 .............. 22.26462 ¥159.51383 

30 .............. 22.26633 ¥159.50630 

31 .............. 22.26647 ¥159.50227 

32 .............. 22.26565 ¥159.49770 

33 .............. 22.26370 ¥159.49392 

34 .............. 22.25690 ¥159.48792 

35 .............. 22.25665 ¥159.48692 

36 .............. 22.25698 ¥159.48538 

37 .............. 22.26030 ¥159.48210 

38 .............. 22.26103 ¥159.47762 

39 .............. 22.26042 ¥159.47528 

40 .............. 22.25540 ¥159.46792 

41 .............. 22.25335 ¥159.46128 

42 .............. 22.25257 ¥159.43648 

43 .............. 22.25127 ¥159.43093 

44 .............. 22.24915 ¥159.42758 

45 .............. 22.25142 ¥159.42245 

46 .............. 22.25307 ¥159.40707 

47 .............. 22.25303 ¥159.40242 

48 .............. 22.25098 ¥159.39485 

49 .............. 22.25357 ¥159.39000 

50 .............. 22.25407 ¥159.38732 

51 .............. 22.25332 ¥159.38345 

52 .............. 22.24883 ¥159.37198 

53 .............. 22.24632 ¥159.36208 

54 .............. 22.24883 ¥159.35590 

55 .............. 22.24860 ¥159.35342 

56 .............. 22.24527 ¥159.34928 

57 .............. 22.23777 ¥159.34528 

58 .............. 22.23575 ¥159.34155 

59 .............. 22.23505 ¥159.33825 

60 * ............ 22.21353 ¥159.35087 

61 * ............ 22.21508 ¥159.49703 

mstockstill on DSK4VPTVN1PROD with PROPOSALS3

16242 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

TABLE A5—COORDINATES FOR

KAUA‘I—Continued 

Point ID 

No. Latitude Longitude 

62 * ............ 22.21378 ¥159.49672 

63 * ............ 22.21132 ¥159.59522 

64 .............. 22.23023 ¥159.64483 

TABLE A6—COORDINATES FOR MAUI

NUI

Point ID 

No. Latitude Longitude 

1 ................ 21.22380 ¥157.31272 

2 ................ 21.21938 ¥157.31378 

3 ................ 21.20960 ¥157.31750 

4 ................ 21.19332 ¥157.33268 

5 ................ 21.18093 ¥157.35280 

6 ................ 21.17182 ¥157.37275 

7 ................ 21.16902 ¥157.38062 

8 ................ 21.16815 ¥157.38555 

9 ................ 21.16502 ¥157.39072 

10 .............. 21.16172 ¥157.40372 

11 .............. 21.15897 ¥157.41582 

12 .............. 21.15757 ¥157.42950 

13 .............. 21.15815 ¥157.48270 

14 .............. 21.15992 ¥157.49052 

15 .............. 21.15977 ¥157.49598 

16 .............. 21.16400 ¥157.51087 

17 .............. 21.16420 ¥157.51713 

18 .............. 21.16250 ¥157.52100 

19 .............. 21.15935 ¥157.52552 

20 .............. 21.14960 ¥157.54817 

21 .............. 21.14587 ¥157.55430 

22 .............. 21.13998 ¥157.56070 

23 .............. 21.13005 ¥157.56862 

24 .............. 21.12538 ¥157.57398 

25 .............. 21.12152 ¥157.58915 

26 .............. 21.12010 ¥157.59217 

27 .............. 21.11398 ¥157.60032 

28 .............. 21.11063 ¥157.61628 

29 .............. 21.10790 ¥157.62245 

30 .............. 21.10395 ¥157.62590 

31 .............. 21.10122 ¥157.62655 

32 .............. 21.09598 ¥157.62547 

33 .............. 21.09000 ¥157.62688 

34 .............. 21.08793 ¥157.62815 

35 .............. 21.08638 ¥157.64073 

36 .............. 21.08667 ¥157.64747 

37 .............. 21.08440 ¥157.65763 

38 .............. 21.08087 ¥157.65977 

39 .............. 21.07898 ¥157.65933 

40 .............. 21.07202 ¥157.65358 

41 .............. 21.07042 ¥157.65293 

42 .............. 21.06740 ¥157.65387 

43 .............. 21.06593 ¥157.65628 

44 .............. 21.06712 ¥157.66142 

45 .............. 21.06480 ¥157.66490 

46 .............. 21.05858 ¥157.66980 

47 .............. 21.04922 ¥157.67460 

48 .............. 21.04823 ¥157.67893 

49 .............. 21.04197 ¥157.68637 

50 .............. 21.03627 ¥157.68960 

51 .............. 21.03428 ¥157.69402 

52 .............. 21.02722 ¥157.69850 

53 .............. 21.02428 ¥157.70122 

54 .............. 21.02362 ¥157.70432 

55 .............. 21.02553 ¥157.70895 

56 .............. 21.02268 ¥157.71652 

57 .............. 21.01285 ¥157.71805 

58 .............. 20.99600 ¥157.72255 

59 .............. 20.99253 ¥157.72507 

TABLE A6—COORDINATES FOR MAUI

NUI—Continued 

Point ID 

No. Latitude Longitude 

60 .............. 20.98757 ¥157.73145 

61 .............. 20.98167 ¥157.73470 

62 .............. 20.96713 ¥157.73572 

63 .............. 20.95993 ¥157.73808 

64 .............. 20.95725 ¥157.74017 

65 .............. 20.95113 ¥157.75002 

66 .............. 20.93860 ¥157.75783 

67 .............. 20.93642 ¥157.75822 

68 .............. 20.92492 ¥157.75177 

69 .............. 20.92162 ¥157.75163 

70 .............. 20.90925 ¥157.75475 

71 .............. 20.90548 ¥157.75652 

72 .............. 20.90228 ¥157.75925 

73 .............. 20.89710 ¥157.76182 

74 .............. 20.89360 ¥157.76263 

75 .............. 20.88710 ¥157.76087 

76 .............. 20.88213 ¥157.75663 

77 .............. 20.87747 ¥157.74822 

78 .............. 20.87683 ¥157.74167 

79 .............. 20.87448 ¥157.73667 

80 .............. 20.87213 ¥157.73533 

81 .............. 20.86733 ¥157.73457 

82 .............. 20.86332 ¥157.73522 

83 .............. 20.85518 ¥157.73948 

84 .............. 20.85253 ¥157.73885 

85 .............. 20.85070 ¥157.73525 

86 .............. 20.84945 ¥157.72498 

87 .............. 20.84920 ¥157.71832 

88 .............. 20.85037 ¥157.71212 

89 .............. 20.85000 ¥157.70652 

90 .............. 20.85162 ¥157.70387 

91 .............. 20.85670 ¥157.70343 

92 .............. 20.86250 ¥157.69857 

93 .............. 20.86502 ¥157.69475 

94 .............. 20.86575 ¥157.69173 

95 .............. 20.86383 ¥157.68598 

96 .............. 20.86427 ¥157.67730 

97 .............. 20.86502 ¥157.67523 

98 .............. 20.87097 ¥157.66773 

99 .............. 20.87222 ¥157.66545 

100 ............ 20.87347 ¥157.65898 

101 ............ 20.87715 ¥157.65485 

102 ............ 20.87782 ¥157.65067 

103 ............ 20.88127 ¥157.64455 

104 ............ 20.88223 ¥157.64138 

105 ............ 20.88267 ¥157.63830 

106 ............ 20.88217 ¥157.63645 

107 ............ 20.88363 ¥157.63063 

108 ............ 20.88650 ¥157.62785 

109 ............ 20.88775 ¥157.61990 

110 ............ 20.89247 ¥157.61262 

111 ............ 20.89350 ¥157.60863 

112 ............ 20.89658 ¥157.60333 

113 ............ 20.90247 ¥157.58420 

114 ............ 20.91300 ¥157.57330 

115 ............ 20.91492 ¥157.56742 

116 ............ 20.91800 ¥157.56410 

117 ............ 20.92455 ¥157.54203 

118 ............ 20.92668 ¥157.54018 

119 ............ 20.92918 ¥157.53400 

120 ............ 20.93228 ¥157.51517 

121 ............ 20.93332 ¥157.51258 

122 ............ 20.93677 ¥157.51002 

123 ............ 20.95480 ¥157.51053 

124 ............ 20.95687 ¥157.50825 

125 ............ 20.96230 ¥157.50560 

126 ............ 20.96370 ¥157.50022 

127 ............ 20.96297 ¥157.48638 

128 ............ 20.96348 ¥157.47968 

129 ............ 20.96643 ¥157.46747 

TABLE A6—COORDINATES FOR MAUI

NUI—Continued 

Point ID 

No. Latitude Longitude 

130 ............ 20.96768 ¥157.45805 

131 ............ 20.96547 ¥157.44568 

132 ............ 20.96437 ¥157.43420 

133 ............ 20.96467 ¥157.43267 

134 ............ 20.96665 ¥157.41177 

135 ............ 20.96680 ¥157.40153 

136 ............ 20.96775 ¥157.39682 

137 ............ 20.97320 ¥157.36605 

138 ............ 20.97452 ¥157.36303 

139 ............ 20.98998 ¥157.34743 

140 ............ 20.99072 ¥157.32977 

141 ............ 20.99190 ¥157.32160 

142 ............ 20.99507 ¥157.30917 

143 ............ 20.99557 ¥157.30762 

144 ............ 21.01912 ¥157.29510 

145 ............ 21.02553 ¥157.28297 

146 ............ 21.02898 ¥157.26972 

147 ............ 21.02618 ¥157.26433 

148 ............ 21.02597 ¥157.26192 

149 ............ 21.02657 ¥157.25772 

150 ............ 21.03008 ¥157.25323 

151 ............ 21.03068 ¥157.25138 

152 ............ 21.03127 ¥157.24270 

153 ............ 21.03105 ¥157.23557 

154 ............ 21.02877 ¥157.23173 

155 ............ 21.02883 ¥157.23033 

156 ............ 21.03318 ¥157.22548 

157 ............ 21.03473 ¥157.21687 

158 ............ 21.03693 ¥157.21223 

159 ............ 21.03942 ¥157.20958 

160 ............ 21.04333 ¥157.20678 

161 ............ 21.05092 ¥157.20428 

162 ............ 21.05768 ¥157.19582 

163 ............ 21.06085 ¥157.19302 

164 ............ 21.06012 ¥157.18750 

165 ............ 21.05820 ¥157.18183 

166 ............ 21.05783 ¥157.17373 

167 ............ 21.05667 ¥157.16718 

168 ............ 21.05673 ¥157.15313 

169 ............ 21.05122 ¥157.14150 

170 ............ 21.05137 ¥157.13833 

171 ............ 21.05490 ¥157.12958 

172 ............ 21.05658 ¥157.12333 

173 ............ 21.05777 ¥157.11310 

174 ............ 21.06042 ¥157.10125 

175 ............ 21.05923 ¥157.09455 

176 ............ 21.05238 ¥157.08093 

177 ............ 21.05062 ¥157.07527 

178 ............ 21.05040 ¥157.06997 

179 ............ 21.05357 ¥157.06217 

180 ............ 21.04458 ¥157.03868 

181 ............ 21.04128 ¥157.03603 

182 ............ 21.03502 ¥157.03472 

183 ............ 21.03282 ¥157.03332 

184 ............ 21.03023 ¥157.02985 

185 ............ 21.02795 ¥157.02198 

186 ............ 21.02663 ¥157.02110 

187 ............ 21.02207 ¥157.01955 

188 ............ 21.01817 ¥157.01955 

189 ............ 21.01662 ¥157.01742 

190 ............ 21.01463 ¥157.01638 

191 ............ 21.00640 ¥157.01808 

192 ............ 20.99727 ¥157.01573 

193 ............ 20.98770 ¥157.01522 

194 ............ 20.98408 ¥157.01690 

195 ............ 20.98107 ¥157.01550 

196 ............ 20.97945 ¥157.01595 

197 ............ 20.97710 ¥157.01823 

198 ............ 20.97673 ¥157.01983 

199 ............ 20.97555 ¥157.02418 

mstockstill on DSK4VPTVN1PROD with PROPOSALS3

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 16243 

TABLE A6—COORDINATES FOR MAUI

NUI—Continued 

Point ID 

No. Latitude Longitude 

200 ............ 20.97438 ¥157.02595 

201 ............ 20.96178 ¥157.03588 

202 ............ 20.94892 ¥157.05282 

203 ............ 20.94023 ¥157.06210 

204 ............ 20.93478 ¥157.07343 

205 ............ 20.92853 ¥157.07895 

206 ............ 20.92522 ¥157.08462 

207 ............ 20.92205 ¥157.08578 

208 ............ 20.91807 ¥157.08542 

209 ............ 20.91182 ¥157.08727 

210 ............ 20.90468 ¥157.08793 

211 ............ 20.89902 ¥157.09013 

212 ............ 20.89622 ¥157.09013 

213 ............ 20.88202 ¥157.08462 

214 ............ 20.87450 ¥157.07998 

215 ............ 20.86427 ¥157.07152 

216 ............ 20.85168 ¥157.05885 

217 ............ 20.84647 ¥157.05157 

218 ............ 20.84462 ¥157.04532 

219 ............ 20.84433 ¥157.03795 

220 ............ 20.84300 ¥157.03280 

221 ............ 20.83932 ¥157.02625 

222 ............ 20.83248 ¥157.01757 

223 ............ 20.82192 ¥157.01188 

224 ............ 20.79377 ¥157.00950 

225 ............ 20.77772 ¥157.00940 

226 ............ 20.77303 ¥157.00873 

227 ............ 20.76695 ¥157.00653 

228 ............ 20.76258 ¥157.00627 

229 ............ 20.75048 ¥157.00143 

230 ............ 20.74437 ¥156.99613 

231 ............ 20.73483 ¥156.98978 

232 ............ 20.73038 ¥156.98588 

233 ............ 20.72995 ¥156.98367 

234 ............ 20.72655 ¥156.97945 

235 ............ 20.72133 ¥156.97505 

236 ............ 20.71268 ¥156.96152 

237 ............ 20.71115 ¥156.95765 

238 ............ 20.71073 ¥156.94107 

239 ............ 20.70910 ¥156.93135 

240 ............ 20.71043 ¥156.92313 

241 ............ 20.70872 ¥156.90960 

242 ............ 20.70872 ¥156.90348 

243 ............ 20.70570 ¥156.88575 

244 ............ 20.70790 ¥156.88125 

245 ............ 20.71742 ¥156.87293 

246 ............ 20.72425 ¥156.86528 

247 ............ 20.72860 ¥156.86423 

248 ............ 20.73072 ¥156.86198 

249 ............ 20.73190 ¥156.85750 

250 ............ 20.73430 ¥156.85262 

251 ............ 20.74113 ¥156.84095 

252 ............ 20.74228 ¥156.83092 

253 ............ 20.74180 ¥156.82460 

254 ............ 20.74467 ¥156.82188 

255 ............ 20.74553 ¥156.81897 

256 ............ 20.74390 ¥156.81242 

257 ............ 20.73865 ¥156.80897 

258 ............ 20.73578 ¥156.80897 

259 ............ 20.73258 ¥156.81285 

260 ............ 20.73162 ¥156.81298 

261 ............ 20.73018 ¥156.81117 

262 ............ 20.73072 ¥156.80515 

263 ............ 20.73440 ¥156.79635 

264 ............ 20.73440 ¥156.79377 

265 ............ 20.73277 ¥156.79140 

266 ............ 20.73233 ¥156.79100 

267 ............ 20.72818 ¥156.79143 

268 ............ 20.72568 ¥156.78875 

269 ............ 20.72268 ¥156.77808 

TABLE A6—COORDINATES FOR MAUI

NUI—Continued 

Point ID 

No. Latitude Longitude 

270 ............ 20.72253 ¥156.76680 

271 ............ 20.72077 ¥156.76490 

272 ............ 20.71900 ¥156.76422 

273 ............ 20.71513 ¥156.76518 

274 ............ 20.71360 ¥156.76490 

275 ............ 20.71278 ¥156.76380 

276 ............ 20.71140 ¥156.75772 

277 ............ 20.71307 ¥156.74668 

278 ............ 20.71230 ¥156.74228 

279 ............ 20.71150 ¥156.67635 

280 ............ 20.71097 ¥156.67578 

281 ............ 20.71102 ¥156.67300 

282 ............ 20.70915 ¥156.67110 

283 ............ 20.71078 ¥156.66870 

284 ............ 20.70685 ¥156.66297 

285 ............ 20.70728 ¥156.65585 

286 ............ 20.70332 ¥156.64777 

287 ............ 20.70265 ¥156.64542 

288 ............ 20.70337 ¥156.64260 

289 ............ 20.69858 ¥156.63638 

290 ............ 20.69645 ¥156.63420 

291 ............ 20.69583 ¥156.63433 

292 ............ 20.69423 ¥156.61873 

293 ............ 20.69538 ¥156.61478 

294 ............ 20.69342 ¥156.61248 

295 ............ 20.69113 ¥156.60780 

296 ............ 20.69045 ¥156.60747 

297 ............ 20.68873 ¥156.60913 

298 ............ 20.68735 ¥156.60832 

299 ............ 20.68663 ¥156.60253 

300 ............ 20.68497 ¥156.60053 

301 ............ 20.67722 ¥156.59785 

302 ............ 20.67115 ¥156.59112 

303 ............ 20.66143 ¥156.58503 

304 ............ 20.65910 ¥156.58480 

305 ............ 20.65642 ¥156.58662 

306 ............ 20.65585 ¥156.58633 

307 ............ 20.65537 ¥156.58447 

308 ............ 20.65312 ¥156.58217 

309 ............ 20.65337 ¥156.57010 

310 ............ 20.65083 ¥156.55297 

311 ............ 20.64968 ¥156.54895 

312 ............ 20.64765 ¥156.54352 

313 ............ 20.64352 ¥156.53553 

314 ............ 20.63307 ¥156.52033 

315 ............ 20.62652 ¥156.51245 

316 ............ 20.62168 ¥156.50818 

317 ............ 20.61412 ¥156.50335 

318 ............ 20.60713 ¥156.49718 

319 ............ 20.59948 ¥156.49223 

320 ............ 20.60063 ¥156.48987 

321 ............ 20.60027 ¥156.48925 

322 ............ 20.59627 ¥156.49012 

323 ............ 20.59472 ¥156.48835 

324 ............ 20.59463 ¥156.48693 

325 ............ 20.59660 ¥156.48332 

326 ............ 20.59640 ¥156.48128 

327 ............ 20.59423 ¥156.47673 

328 ............ 20.59567 ¥156.47567 

329 ............ 20.59970 ¥156.47500 

330 ............ 20.60118 ¥156.47580 

331 ............ 20.60418 ¥156.47960 

332 ............ 20.60553 ¥156.47990 

333 ............ 20.60627 ¥156.47863 

334 ............ 20.60623 ¥156.47563 

335 ............ 20.60750 ¥156.47080 

336 ............ 20.60188 ¥156.46703 

337 ............ 20.59798 ¥156.46570 

338 ............ 20.58188 ¥156.46357 

339 ............ 20.57773 ¥156.45373 

TABLE A6—COORDINATES FOR MAUI

NUI—Continued 

Point ID 

No. Latitude Longitude 

340 ............ 20.57488 ¥156.45112 

341 ............ 20.57272 ¥156.44752 

342 * .......... 20.58308 ¥156.41192 

343 * .......... 20.79025 ¥156.51013 

344 * .......... 20.79033 ¥156.51097 

345 * .......... 20.87173 ¥156.67920 

346 ............ 20.87192 ¥156.67931 

347 * .......... 20.87229 ¥156.67855 

348 * .......... 21.02445 ¥156.63918 

349 ............ 21.07042 ¥156.66362 

350 ............ 21.08872 ¥156.67335 

351 * .......... 21.15802 ¥156.71095 

352 * .......... 21.15843 ¥156.70948 

353 * .......... 21.08595 ¥157.02030 

354 ............ 21.07737 ¥157.02810 

355 ............ 21.08035 ¥157.03287 

356 * .......... 21.08802 ¥157.02589 

357 * .......... 21.08465 ¥157.24863 

358 * .......... 21.08382 ¥157.24965 

359 * .......... 21.22350 ¥157.25400 

360 * .......... 21.22442 ¥157.25400 

361 ............ 21.22380 ¥157.31272 

362 * .......... 20.78593 ¥156.99232 

363 * .......... 20.78308 ¥156.99152 

364 * .......... 20.74253 ¥156.88680 

365 * .......... 20.74317 ¥156.88740 

Note: The coordinates in the table above 

marked with an asterisk (*) are not a part of 

the sanctuary boundary. These coordinates 

are landward reference points used to draw a 

line segment that intersects with the shoreline. 

Appendix B to Subpart Q of Part 922— 

Special Sanctuary Management Area 

Boundaries 

Coordinates listed in this appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983. 

B.1 Maunalua Bay Special Sanctuary 

Management Area 

The Maunalua SSMA extends throughout 

the sanctuary waters in Maunalua Bay south 

of Oahu and is defined by the coordinates in 

table B1 and the following textual 

description. Point 1 of the SSMA boundary 

is located roughly 1.3 nautical miles SE of 

Ku ̄pikipiki‘o ̄ Point (Black Point) on the 

sanctuary boundary. From Point 1 the SSMA 

boundary extends along the sanctuary 

boundary to the east to Point 21 roughly 0.5 

nautical miles south of Kawaihoa Point, Koko 

Head. From Point 21 the SSMA boundary 

extends towards Point 22 until it intersects 

the shoreline. From this intersection the 

boundary follows the shoreline to the west 

around Kawaihoa Point and north around 

Maunalua Bay until it intersects the line 

segment between Point 23 and Point 24 at the 

eastern entrance to Hawaii Kai Marina. From 

this intersection the boundary moves towards 

Point 24 across the entrance to the marina 

until it intersects the shoreline again. The 

boundary then follows the shoreline 

westward until it intersects the line segment 

between Point 25 and Point 26 at the western 

entrance to the Hawaii Kai Marina. From this 

intersection the boundary moves towards 

Point 26 across the entrance to the marina 

until it intersects the shoreline again. The 

mstockstill on DSK4VPTVN1PROD with PROPOSALS3

16244 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

boundary then follows the shoreline 

westward continuing around Maunalua Bay 

until it intersects the line segment between 

Point 27 and Point 28 at Ku ̄pikipiki‘o ̄ Point 

(Black Point). From this intersection the 

boundary extends seaward to the SE to Point 

28. 

TABLE B1—COORDINATES FOR

MAUNALUA BAY

Point ID 

No. Latitude Longitude 

1 ................ 21.23560 ¥157.78076 

2 ................ 21.23856 ¥157.77153 

3 ................ 21.23835 ¥157.76540 

4 ................ 21.23895 ¥157.76426 

5 ................ 21.24269 ¥157.76264 

6 ................ 21.24427 ¥157.75741 

7 ................ 21.24385 ¥157.74535 

8 ................ 21.24458 ¥157.73833 

9 ................ 21.24606 ¥157.73490 

10 .............. 21.24570 ¥157.73037 

11 .............. 21.24323 ¥157.72720 

12 .............. 21.23959 ¥157.72534 

13 .............. 21.23484 ¥157.72541 

14 .............. 21.23209 ¥157.72239 

15 .............. 21.23090 ¥157.71620 

16 .............. 21.23203 ¥157.71399 

17 .............. 21.23592 ¥157.71225 

18 .............. 21.23830 ¥157.71003 

19 .............. 21.24200 ¥157.70882 

20 .............. 21.24458 ¥157.70903 

21 .............. 21.25209 ¥157.70641 

22 * ............ 21.25964 ¥157.70717 

23 * ............ 21.28117 ¥157.71132 

24 * ............ 21.28152 ¥157.71197 

25 * ............ 21.28508 ¥157.71852 

26 * ............ 21.28530 ¥157.71885 

27 * ............ 21.25545 ¥157.79180 

28 .............. 21.23560 ¥157.78076 

Note: The coordinates in the table above 

marked with an asterisk (*) are not a part of 

the sanctuary boundary. These coordinates 

are landward reference points used to draw a 

line segment that intersects with the shoreline. 

B.2 Penguin Bank Special Sanctuary 

Management Area 

The Penguin Bank SSMA extends 

throughout the federal waters of the Penguin 

Bank area southwest of Moloka‘i and is 

defined by the coordinates in table B2 and 

the following textual description. The SSMA 

boundary begins roughly 3.3 nautical miles 

west of ‘I ̄lio Point off the northwest tip of 

Moloka‘i at Point 1 at the intersection of the 

sanctuary boundary and the three nautical 

mile line. From Point 1 the SSMA boundary 

follows the sanctuary boundary to the SW 

and then back around Penguin Bank to the 

NE to Point 158 located at the intersection of 

the sanctuary boundary and the three 

nautical mile line to the SSW of Lono Harbor 

on Moloka‘i. From Point 158 the SSMA 

boundary approximates the three nautical 

mile line extending west and then north to 

Point 185 west of northwest tip of Moloka’i. 

TABLE B2—COORDINATES FOR

PENGUIN BANK

Point ID 

No. Latitude Longitude 

1 ................ 21.21938 ¥157.31378 

2 ................ 21.20960 ¥157.31750 

3 ................ 21.19332 ¥157.33268 

4 ................ 21.18093 ¥157.35280 

5 ................ 21.17182 ¥157.37275 

6 ................ 21.16902 ¥157.38062 

7 ................ 21.16815 ¥157.38555 

8 ................ 21.16502 ¥157.39072 

9 ................ 21.16172 ¥157.40372 

10 .............. 21.15897 ¥157.41582 

11 .............. 21.15757 ¥157.42950 

12 .............. 21.15815 ¥157.48270 

13 .............. 21.15992 ¥157.49052 

14 .............. 21.15977 ¥157.49598 

15 .............. 21.16400 ¥157.51087 

16 .............. 21.16420 ¥157.51713 

17 .............. 21.16250 ¥157.52100 

18 .............. 21.15935 ¥157.52552 

19 .............. 21.14960 ¥157.54817 

20 .............. 21.14587 ¥157.55430 

21 .............. 21.13998 ¥157.56070 

22 .............. 21.13005 ¥157.56862 

23 .............. 21.12538 ¥157.57398 

24 .............. 21.12152 ¥157.58915 

25 .............. 21.12010 ¥157.59217 

26 .............. 21.11398 ¥157.60032 

27 .............. 21.11063 ¥157.61628 

28 .............. 21.10790 ¥157.62245 

29 .............. 21.10395 ¥157.62590 

30 .............. 21.10122 ¥157.62655 

31 .............. 21.09598 ¥157.62547 

32 .............. 21.09000 ¥157.62688 

33 .............. 21.08793 ¥157.62815 

34 .............. 21.08638 ¥157.64073 

35 .............. 21.08667 ¥157.64747 

36 .............. 21.08440 ¥157.65763 

37 .............. 21.08087 ¥157.65977 

38 .............. 21.07898 ¥157.65933 

39 .............. 21.07202 ¥157.65358 

40 .............. 21.07042 ¥157.65293 

41 .............. 21.06740 ¥157.65387 

42 .............. 21.06593 ¥157.65628 

43 .............. 21.06712 ¥157.66142 

44 .............. 21.06480 ¥157.66490 

45 .............. 21.05858 ¥157.66980 

46 .............. 21.04922 ¥157.67460 

47 .............. 21.04823 ¥157.67893 

48 .............. 21.04197 ¥157.68637 

49 .............. 21.03627 ¥157.68960 

50 .............. 21.03428 ¥157.69402 

51 .............. 21.02722 ¥157.69850 

52 .............. 21.02428 ¥157.70122 

53 .............. 21.02362 ¥157.70432 

54 .............. 21.02553 ¥157.70895 

55 .............. 21.02268 ¥157.71652 

56 .............. 21.01285 ¥157.71805 

57 .............. 20.99600 ¥157.72255 

58 .............. 20.99253 ¥157.72507 

59 .............. 20.98757 ¥157.73145 

60 .............. 20.98167 ¥157.73470 

61 .............. 20.96713 ¥157.73572 

62 .............. 20.95993 ¥157.73808 

63 .............. 20.95725 ¥157.74017 

64 .............. 20.95113 ¥157.75002 

65 .............. 20.93860 ¥157.75783 

66 .............. 20.93642 ¥157.75822 

67 .............. 20.92492 ¥157.75177 

68 .............. 20.92162 ¥157.75163 

69 .............. 20.90925 ¥157.75475 

70 .............. 20.90548 ¥157.75652 

TABLE B2—COORDINATES FOR

PENGUIN BANK—Continued 

Point ID 

No. Latitude Longitude 

71 .............. 20.90228 ¥157.75925 

72 .............. 20.89710 ¥157.76182 

73 .............. 20.89360 ¥157.76263 

74 .............. 20.88710 ¥157.76087 

75 .............. 20.88213 ¥157.75663 

76 .............. 20.87747 ¥157.74822 

77 .............. 20.87683 ¥157.74167 

78 .............. 20.87448 ¥157.73667 

79 .............. 20.87213 ¥157.73533 

80 .............. 20.86733 ¥157.73457 

81 .............. 20.86332 ¥157.73522 

82 .............. 20.85518 ¥157.73948 

83 .............. 20.85253 ¥157.73885 

84 .............. 20.85070 ¥157.73525 

85 .............. 20.84945 ¥157.72498 

86 .............. 20.84920 ¥157.71832 

87 .............. 20.85037 ¥157.71212 

88 .............. 20.85000 ¥157.70652 

89 .............. 20.85162 ¥157.70387 

90 .............. 20.85670 ¥157.70343 

91 .............. 20.86250 ¥157.69857 

92 .............. 20.86502 ¥157.69475 

93 .............. 20.86575 ¥157.69173 

94 .............. 20.86383 ¥157.68598 

95 .............. 20.86427 ¥157.67730 

96 .............. 20.86502 ¥157.67523 

97 .............. 20.87097 ¥157.66773 

98 .............. 20.87222 ¥157.66545 

99 .............. 20.87347 ¥157.65898 

100 ............ 20.87715 ¥157.65485 

101 ............ 20.87782 ¥157.65067 

102 ............ 20.88127 ¥157.64455 

103 ............ 20.88223 ¥157.64138 

104 ............ 20.88267 ¥157.63830 

105 ............ 20.88217 ¥157.63645 

106 ............ 20.88363 ¥157.63063 

107 ............ 20.88650 ¥157.62785 

108 ............ 20.88775 ¥157.61990 

109 ............ 20.89247 ¥157.61262 

110 ............ 20.89350 ¥157.60863 

111 ............ 20.89658 ¥157.60333 

112 ............ 20.90247 ¥157.58420 

113 ............ 20.91300 ¥157.57330 

114 ............ 20.91492 ¥157.56742 

115 ............ 20.91800 ¥157.56410 

116 ............ 20.92455 ¥157.54203 

117 ............ 20.92668 ¥157.54018 

118 ............ 20.92918 ¥157.53400 

119 ............ 20.93228 ¥157.51517 

120 ............ 20.93332 ¥157.51258 

121 ............ 20.93677 ¥157.51002 

122 ............ 20.95480 ¥157.51053 

123 ............ 20.95687 ¥157.50825 

124 ............ 20.96230 ¥157.50560 

125 ............ 20.96370 ¥157.50022 

126 ............ 20.96297 ¥157.48638 

127 ............ 20.96348 ¥157.47968 

128 ............ 20.96643 ¥157.46747 

129 ............ 20.96768 ¥157.45805 

130 ............ 20.96547 ¥157.44568 

131 ............ 20.96437 ¥157.43420 

132 ............ 20.96467 ¥157.43267 

133 ............ 20.96665 ¥157.41177 

134 ............ 20.96680 ¥157.40153 

135 ............ 20.96775 ¥157.39682 

136 ............ 20.97320 ¥157.36605 

137 ............ 20.97452 ¥157.36303 

138 ............ 20.98998 ¥157.34743 

139 ............ 20.99072 ¥157.32977 

140 ............ 20.99190 ¥157.32160 

mstockstill on DSK4VPTVN1PROD with PROPOSALS3

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 16245 

TABLE B2—COORDINATES FOR

PENGUIN BANK—Continued 

Point ID 

No. Latitude Longitude 

141 ............ 20.99507 ¥157.30917 

142 ............ 20.99557 ¥157.30762 

143 ............ 21.01912 ¥157.29510 

144 ............ 21.02553 ¥157.28297 

145 ............ 21.02898 ¥157.26972 

146 ............ 21.02618 ¥157.26433 

147 ............ 21.02597 ¥157.26192 

148 ............ 21.02657 ¥157.25772 

149 ............ 21.03008 ¥157.25323 

150 ............ 21.03068 ¥157.25138 

151 ............ 21.03127 ¥157.24270 

152 ............ 21.03105 ¥157.23557 

153 ............ 21.02877 ¥157.23173 

154 ............ 21.02883 ¥157.23033 

155 ............ 21.03318 ¥157.22548 

156 ............ 21.03473 ¥157.21687 

157 ............ 21.03693 ¥157.21223 

158 ............ 21.03942 ¥157.20958 

159 ............ 21.03807 ¥157.22824 

160 ............ 21.03587 ¥157.23534 

161 ............ 21.03443 ¥157.24328 

162 ............ 21.03422 ¥157.25383 

163 ............ 21.03594 ¥157.26426 

164 ............ 21.04060 ¥157.27854 

165 ............ 21.04294 ¥157.29650 

166 ............ 21.04342 ¥157.30569 

167 ............ 21.04481 ¥157.31271 

168 ............ 21.04893 ¥157.32567 

169 ............ 21.05564 ¥157.33776 

170 ............ 21.06479 ¥157.34835 

171 ............ 21.07731 ¥157.35771 

172 ............ 21.08558 ¥157.36150 

173 ............ 21.09584 ¥157.36398 

174 ............ 21.10581 ¥157.36422 

175 ............ 21.11550 ¥157.36240 

176 ............ 21.12477 ¥157.35857 

177 ............ 21.13269 ¥157.35324 

178 ............ 21.14126 ¥157.35083 

179 ............ 21.15314 ¥157.34602 

180 ............ 21.16897 ¥157.33692 

181 ............ 21.17781 ¥157.33065 

182 ............ 21.18854 ¥157.32154 

183 ............ 21.19845 ¥157.30977 

184 ............ 21.20836 ¥157.31292 

185 ............ 21.21938 ¥157.31378 

B.3 Maui Nui Special Sanctuary 

Management Area 

The Maui Nui Special Sanctuary 

Management Area (SSMA) extends 

throughout the federal waters of the Maui 

Nui area between Maui, Moloka‘i and Lana‘i 

and is defined by the coordinates in table B3 

and the following textual description. Point 

1 of the SSMA boundary is located at 

approximately the intersection of the 

Moloka‘i three nautical mile line and the 

sanctuary boundary south of Kaunakakai on 

Moloka’i near the Kalohi Channel. From 

Point 1, the SSMA boundary extends 

eastward approximating the three nautical 

mile line south of the Moloka‘i coastline to 

Point 29 in numerical order at approximately 

the intersection of the Moloka‘i three nautical 

mile line and the sanctuary boundary line 

that extends across Pailolo Channel from 

Cape Halawa on Moloka‘i to Lipoa Pt. on 

Maui. From Point 29, the SSMA boundary 

extends southeast to Point 30 at 

approximately the intersection of the Maui 

three nautical mile line and the sanctuary 

boundary line NW of Lipoa Point on Maui. 

From Point 30, the SSMA boundary curves 

southwest and then southeast approximating 

the three nautical mile line west and south 

of the Maui coastline until it intersects the 

Kaho‘olawe three nautical mile line and the 

sanctuary boundary WNW of Molokini 

between Maui and Kaho‘olawe at Point 87. 

From Point 87 the SSMA boundary briefly 

approximates the Kaho‘’olawe three mile line 

extending west to Point 90 at the intersection 

of the three nautical mile line north of the 

coastline of Kaho‘olawe and the sanctuary 

boundary. From Point 90, the SSMA 

boundary extends west along the sanctuary 

boundary across the Kealaikahiki Channel 

until it intersects the Lana‘i three nautical 

mile line SE of Kamaiki Point at Point 133. 

From Point 133 the SSMA boundary extends 

north and then NW to the east of Lana‘i to 

Point 161 at the intersection of the Lana‘i 

three nautical mile line and the sanctuary 

boundary NW of Pohakuloa Point on Lana‘i. 

From Point 161 the SSMA boundary then 

follows the sanctuary boundary north across 

the Kalohi Channel until it intersects with 

the Moloka’i three nautical mile line at Point 

175 south of Kaunakakai on Moloka’i. 

TABLE B3—COORDINATES FOR MAUI

NUI

Point ID 

No. Latitude Longitude 

1 ................ 21.03023 ¥157.02985 

2 ................ 21.03049 ¥157.02138 

3 ................ 21.02705 ¥157.00787 

4 ................ 21.02346 ¥157.00062 

5 ................ 21.02127 ¥156.99402 

6 ................ 21.01712 ¥156.97004 

7 ................ 21.01445 ¥156.96069 

8 ................ 21.00991 ¥156.93421 

9 ................ 21.00547 ¥156.91735 

10 .............. 20.99932 ¥156.90155 

11 .............. 20.99696 ¥156.89138 

12 .............. 20.99586 ¥156.87167 

13 .............. 20.99663 ¥156.86473 

14 .............. 20.99893 ¥156.85595 

15 .............. 20.99884 ¥156.84286 

16 .............. 21.00206 ¥156.82933 

17 .............. 21.00980 ¥156.81031 

18 .............. 21.01616 ¥156.80073 

19 .............. 21.01808 ¥156.78962 

20 .............. 21.02005 ¥156.78311 

21 .............. 21.02869 ¥156.76519 

22 .............. 21.03652 ¥156.75394 

23 .............. 21.04036 ¥156.74628 

24 .............. 21.04407 ¥156.74093 

25 .............. 21.05202 ¥156.73280 

26 .............. 21.06728 ¥156.71150 

27 .............. 21.08102 ¥156.69629 

28 .............. 21.08312 ¥156.68590 

29 .............. 21.08871 ¥156.67334 

30 .............. 21.07042 ¥156.66361 

31 .............. 21.06248 ¥156.67605 

32 .............. 21.05499 ¥156.68365 

33 .............. 21.05109 ¥156.69316 

34 .............. 21.04752 ¥156.69903 

35 .............. 21.04327 ¥156.70435 

36 .............. 21.03575 ¥156.71112 

37 .............. 21.02408 ¥156.71747 

38 .............. 21.01320 ¥156.72087 

39 .............. 21.00803 ¥156.72176 

TABLE B3—COORDINATES FOR MAUI

NUI—Continued 

Point ID 

No. Latitude Longitude 

40 .............. 20.98584 ¥156.73247 

41 .............. 20.97786 ¥156.73546 

42 .............. 20.96520 ¥156.74238 

43 .............. 20.95575 ¥156.74497 

44 .............. 20.94800 ¥156.74578 

45 .............. 20.94098 ¥156.74854 

46 .............. 20.93456 ¥156.75000 

47 .............. 20.91471 ¥156.75057 

48 .............. 20.90157 ¥156.74803 

49 .............. 20.88914 ¥156.74198 

50 .............. 20.87936 ¥156.74188 

51 .............. 20.86963 ¥156.74032 

52 .............. 20.86037 ¥156.73677 

53 .............. 20.85463 ¥156.73336 

54 .............. 20.84464 ¥156.72480 

55 .............. 20.83061 ¥156.71496 

56 .............. 20.82338 ¥156.70795 

57 .............. 20.81548 ¥156.69811 

58 .............. 20.80430 ¥156.69025 

59 .............. 20.79795 ¥156.68372 

60 .............. 20.79212 ¥156.67581 

61 .............. 20.78533 ¥156.67177 

62 .............. 20.77577 ¥156.66422 

63 .............. 20.76699 ¥156.65388 

64 .............. 20.76102 ¥156.64148 

65 .............. 20.75919 ¥156.63461 

66 .............. 20.75725 ¥156.62101 

67 .............. 20.75108 ¥156.61012 

68 .............. 20.74827 ¥156.60341 

69 .............. 20.74598 ¥156.59654 

70 .............. 20.74409 ¥156.58607 

71 .............. 20.73787 ¥156.57521 

72 .............. 20.73108 ¥156.56518 

73 .............. 20.72588 ¥156.55239 

74 .............. 20.72436 ¥156.54448 

75 .............. 20.72389 ¥156.53404 

76 .............. 20.72499 ¥156.52123 

77 .............. 20.72788 ¥156.50927 

78 .............. 20.71633 ¥156.50584 

79 .............. 20.70620 ¥156.50062 

80 .............. 20.69323 ¥156.49907 

81 .............. 20.68368 ¥156.49924 

82 .............. 20.68075 ¥156.51493 

83 .............. 20.67829 ¥156.52150 

84 .............. 20.67322 ¥156.53047 

85 .............. 20.66401 ¥156.54055 

86 .............. 20.65861 ¥156.54451 

87 .............. 20.64968 ¥156.54895 

88 .............. 20.65083 ¥156.55297 

89 .............. 20.65337 ¥156.57010 

90 .............. 20.65312 ¥156.58217 

91 .............. 20.65537 ¥156.58447 

92 .............. 20.65585 ¥156.58633 

93 .............. 20.65642 ¥156.58662 

94 .............. 20.65910 ¥156.58480 

95 .............. 20.66143 ¥156.58503 

96 .............. 20.67115 ¥156.59112 

97 .............. 20.67722 ¥156.59785 

98 .............. 20.68497 ¥156.60053 

99 .............. 20.68663 ¥156.60253 

100 ............ 20.68735 ¥156.60832 

101 ............ 20.68873 ¥156.60913 

102 ............ 20.69045 ¥156.60747 

103 ............ 20.69113 ¥156.60780 

104 ............ 20.69342 ¥156.61248 

105 ............ 20.69538 ¥156.61478 

106 ............ 20.69423 ¥156.61873 

107 ............ 20.69583 ¥156.63433 

108 ............ 20.69645 ¥156.63420 

109 ............ 20.69858 ¥156.63638 

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16246 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

TABLE B3—COORDINATES FOR MAUI

NUI—Continued 

Point ID 

No. Latitude Longitude 

110 ............ 20.70337 ¥156.64260 

111 ............ 20.70265 ¥156.64542 

112 ............ 20.70332 ¥156.64777 

113 ............ 20.70728 ¥156.65585 

114 ............ 20.70685 ¥156.66297 

115 ............ 20.71078 ¥156.66870 

116 ............ 20.70915 ¥156.67110 

117 ............ 20.71102 ¥156.67300 

118 ............ 20.71097 ¥156.67578 

119 ............ 20.71150 ¥156.67635 

120 ............ 20.71230 ¥156.74228 

121 ............ 20.71307 ¥156.74668 

122 ............ 20.71140 ¥156.75772 

123 ............ 20.71278 ¥156.76380 

124 ............ 20.71360 ¥156.76490 

125 ............ 20.71513 ¥156.76518 

126 ............ 20.71900 ¥156.76422 

127 ............ 20.72077 ¥156.76490 

128 ............ 20.72253 ¥156.76680 

129 ............ 20.72268 ¥156.77808 

130 ............ 20.72568 ¥156.78875 

131 ............ 20.72818 ¥156.79143 

132 ............ 20.73233 ¥156.79100 

133 ............ 20.73277 ¥156.79140 

134 ............ 20.74336 ¥156.78335 

135 ............ 20.75400 ¥156.77792 

136 ............ 20.76659 ¥156.76785 

137 ............ 20.78643 ¥156.75726 

138 ............ 20.79940 ¥156.75340 

139 ............ 20.81653 ¥156.75192 

140 ............ 20.83137 ¥156.75336 

141 ............ 20.84395 ¥156.75769 

142 ............ 20.85576 ¥156.76497 

143 ............ 20.86235 ¥156.77027 

144 ............ 20.87463 ¥156.77687 

145 ............ 20.88903 ¥156.78849 

146 ............ 20.90091 ¥156.80067 

147 ............ 20.91454 ¥156.81671 

148 ............ 20.92819 ¥156.83095 

149 ............ 20.93291 ¥156.83751 

150 ............ 20.94170 ¥156.84610 

151 ............ 20.95280 ¥156.86190 

152 ............ 20.96241 ¥156.88264 

153 ............ 20.96897 ¥156.90386 

154 ............ 20.97007 ¥156.91505 

155 ............ 20.97363 ¥156.93338 

156 ............ 20.97388 ¥156.96004 

157 ............ 20.97771 ¥156.97295 

158 ............ 20.97947 ¥156.98352 

159 ............ 20.97955 ¥156.99051 

160 ............ 20.97670 ¥157.01397 

161 ............ 20.97673 ¥157.01983 

162 ............ 20.97710 ¥157.01823 

163 ............ 20.97945 ¥157.01595 

164 ............ 20.98107 ¥157.01550 

165 ............ 20.98408 ¥157.01690 

166 ............ 20.98770 ¥157.01522 

167 ............ 20.99727 ¥157.01573 

168 ............ 21.00640 ¥157.01808 

169 ............ 21.01463 ¥157.01638 

170 ............ 21.01662 ¥157.01742 

171 ............ 21.01817 ¥157.01955 

172 ............ 21.02207 ¥157.01955 

173 ............ 21.02663 ¥157.02110 

174 ............ 21.02795 ¥157.02198 

175 ............ 21.03023 ¥157.02985 

■ 2. Revise § 922.48 to read as follows: 

§ 922.48 National Marine Sanctuary 

permits—application procedures and 

issuance criteria. 

(a) A person may conduct an activity 

prohibited by subparts F through O, and 

Q, if conducted in accordance with the 

scope, purpose, terms and conditions of 

a permit issued under this section and 

subparts F through O, and Q, as 

appropriate. For the Florida Keys 

National Marine Sanctuary, a person 

may conduct an activity prohibited by 

subpart P if conducted in accordance 

with the scope, purpose, terms and 

conditions of a permit issued under 

§ 922.166. For the Thunder Bay National 

Marine Sanctuary and Underwater 

Preserve, a person may conduct an 

activity prohibited by subpart R in 

accordance with the scope, purpose, 

terms and conditions of a permit issued 

under § 922.195. 

(b) Applications for permits to 

conduct activities otherwise prohibited 

by subparts F through O, and Q, should 

be addressed to the Director and sent to 

the address specified in subparts F 

through O, and Q, or subpart R, as 

appropriate. An application must 

include: 

(1) A detailed description of the 

proposed activity including a timetable 

for completion; 

(2) The equipment, personnel and 

methodology to be employed; 

(3) The qualifications and experience 

of all personnel; 

(4) The potential effects of the 

activity, if any, on Sanctuary resources 

and qualities; and 

(5) Copies of all other required 

licenses, permits, approvals or other 

authorizations. 

(c) Upon receipt of an application, the 

Director may request such additional 

information from the applicant as he or 

she deems necessary to act on the 

application and may seek the views of 

any persons or entity, within or outside 

the Federal government, and may hold 

a public hearing, as deemed 

appropriate. 

(d) The Director, at his or her 

discretion, may issue a permit, subject 

to such terms and conditions as he or 

she deems appropriate, to conduct a 

prohibited activity, in accordance with 

the criteria found in subparts F through 

O, and Q, or subpart R, as appropriate. 

The Director shall further impose, at a 

minimum, the conditions set forth in 

the relevant subpart. 

(e) A permit granted pursuant to this 

section is nontransferable. 

(f) The Director may amend, suspend, 

or revoke a permit issued pursuant to 

this section for good cause. The Director 

may deny a permit application pursuant 

to this section, in whole or in part, if it 

is determined that the permittee or 

applicant has acted in violation of the 

terms and conditions of a permit or of 

the regulations set forth in this section 

or subparts F through O, and Q, subpart 

R or for other good cause. Any such 

action shall be communicated in writing 

to the permittee or applicant by certified 

mail and shall set forth the reason(s) for 

the action taken. Procedures governing 

permit sanctions and denials for 

enforcement reasons are set forth in 

subpart D of 15 CFR part 904. 

■ 3. Revise § 922.49 to read as follows: 

§ 922.49 Notification and review of 

applications for leases, licenses, permits, 

approvals, or other authorizations to 

conduct a prohibited activity. 

(a) A person may conduct an activity 

prohibited by subparts L through R of 

the part, if such activity is specifically 

authorized by any valid Federal, State, 

or local lease, permit, license, approval, 

or other authorization issued after the 

effective date of Sanctuary designation, 

or in the case of the Florida Keys 

National Marine Sanctuary after the 

effective date of the regulations in 

subpart P, provided that: 

(1) The applicant notifies the Director, 

in writing, of the application for such 

authorization (and of any application for 

an amendment, renewal, or extension of 

such authorization) within fifteen (15) 

days of the date of filing of the 

application or the effective date of 

Sanctuary designation, or in the case of 

the Florida Keys National Marine 

Sanctuary the effective date of the 

regulations in subpart P, whichever is 

later; 

(2) The applicant complies with the 

other provisions of this section; 

(3) The Director notifies the applicant 

and authorizing agency that he or she 

does not object to issuance of the 

authorization (or amendment, renewal, 

or extension); and 

(4) The applicant complies with any 

terms and conditions the Director deems 

reasonably necessary to protect 

Sanctuary resources and qualities. 

(b) Any potential applicant for an 

authorization described in paragraph (a) 

of this section may request the Director 

to issue a finding as to whether the 

activity for which an application is 

intended to be made is prohibited by 

subparts L through R, as appropriate. 

(c) Notification of filings of 

applications should be sent to the 

Director, Office of Ocean and Coastal 

Resource Management at the address 

specified in subparts L through R of this 

part, as appropriate. A copy of the 

application must accompany the 

notification. 

(d) The Director may request 

additional information from the 

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Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 16247 

applicant as he or she deems reasonably 

necessary to determine whether to 

object to issuance of an authorization 

described in paragraph (a) of this 

section, or what terms and conditions 

are reasonably necessary to protect 

Sanctuary resources and qualities. The 

information requested must be received 

by the Director within 45 days of the 

postmark date of the request. The 

Director may seek the views of any 

persons on the application. 

(e) The Director shall notify, in 

writing, the agency to which application 

has been made of his or her pending 

review of the application and possible 

objection to issuance. Upon completion 

of review of the application and 

information received with respect 

thereto, the Director shall notify both 

the agency and applicant, in writing, 

whether he or she has an objection to 

issuance and what terms and conditions 

he or she deems reasonably necessary to 

protect Sanctuary resources and 

qualities, and reasons therefor. 

(f) The Director may amend the terms 

and conditions deemed reasonably 

necessary to protect Sanctuary resources 

and qualities whenever additional 

information becomes available justifying 

such an amendment. 

(g) Any time limit prescribed in or 

established under this § 922.49 may be 

extended by the Director for good cause. 

(h) The applicant may appeal any 

objection by, or terms or conditions 

imposed by, the Director to the 

Assistant Administrator or designee in 

accordance with the provisions of 

§ 922.50. 

■ 4. Revise section § 922.50 to read as 

follows: 

§ 922.50 Appeals of administrative action. 

Except for permit actions taken for 

enforcement reasons (see subpart D of 

15 CFR part 904 for applicable 

procedures), an applicant for, or a 

holder of, a National Marine Sanctuary 

permit; an applicant for, or a holder of, 

a Special Use permit issued pursuant to 

section 310 of the Act; a person 

requesting certification of an existing 

lease, permit, license or right of 

subsistence use or access under 

§ 922.47; or, for those Sanctuaries 

described in subparts L through R, an 

applicant for a lease, permit, license or 

other authorization issued by any 

Federal, State, or local authority of 

competent jurisdiction (hereinafter 

appellant) may appeal to the Assistant 

Administrator: 

(a) The granting, denial, conditioning, 

amendment, suspension or revocation 

by the Director of a National Marine 

Sanctuary or Special Use permit; 

(b) The conditioning, amendment, 

suspension or revocation of a 

certification under § 922.47; or 

(c) For those Sanctuaries described in 

subparts L through R, the objection to 

issuance of or the imposition of terms 

and conditions on a lease, permit, 

license or other authorization issued by 

any Federal, State, or local authority of 

competent jurisdiction. 

[FR Doc. 2015–06441 Filed 3–25–15; 8:45 am] 

BILLING CODE 3510–NK–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS3