4856 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 240213–0047] 

RIN 0648–BL33 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary; Final Regulations 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Final rule; notification of 

availability of final management plan 

and Record of Decision. 

SUMMARY: NOAA is designating 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary (sanctuary) to protect 

nationally significant biological, 

cultural, and historical resources and to 

manage this special place as part of the 

National Marine Sanctuary System. The 

sanctuary consists of an area of 

approximately 582,570 square statute 

miles (439,910 square nautical miles) of 

Pacific Ocean waters surrounding the 

Northwestern Hawaiian Islands and the 

submerged lands thereunder. NOAA is 

establishing the terms of designation for 

the sanctuary and the regulations to 

implement the national marine 

sanctuary designation. NOAA has also 

published a final environmental impact 

statement (final EIS) in coordination 

with the State of Hawai1i, final 

management plan, and Record of 

Decision. 

DATES: Effective Date: Pursuant to 

section 304(b) of the National Marine 

Sanctuaries Act (NMSA) (16 U.S.C. 

1434(b)), the designation and 

regulations shall take effect and become 

final after the close of a review period 

of forty-five days of continuous session 

of Congress, beginning on the date on 

which this Federal rulemaking is 

published, which is January 16, 2025. 

During that review period, the Governor 

of the State of Hawai1i may certify to the 

Secretary of Commerce that the 

designation or any of its terms is 

unacceptable, in which case the 

designation or any unacceptable term 

shall not take effect in State waters of 

the sanctuary. The public can track days 

of Congressional session at the 

following website: https://

www.congress.gov/days-in-session. 

NOAA will publish an announcement of 

the effective date of the final regulations 

in the Federal Register. 

ADDRESSES: Copies of the final 

environmental impact statement (EIS) 

and management plan described in this 

rule and the record of decision (ROD) 

are available at https://

sanctuaries.noaa.gov/ 

papahanaumokuakea/. 

FOR FURTHER INFORMATION CONTACT: Eric 

Roberts, Papaha ̄naumokua ̄kea Marine 

National Monument Superintendent, at 

Eric.Roberts@noaa.gov or 808–294– 

7470. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Background 

The NMSA (16 U.S.C. 1431 et seq.) 

authorizes the Secretary of Commerce to 

designate and protect as national marine 

sanctuaries areas of the marine 

environment that are of special national 

significance due to their conservation, 

recreational, ecological, historical, 

scientific, cultural, archaeological, 

educational, or esthetic qualities. Dayto-day management of national marine 

sanctuaries has been delegated by the 

Secretary of Commerce to NOAA. The 

primary objective of the NMSA is to 

protect the resources of the National 

Marine Sanctuary System. NOAA is 

designating marine portions of the 

Papaha ̄naumokua ̄kea Marine National 

Monument as a national marine 

sanctuary to provide comprehensive 

and coordinated management of the 

marine areas of Papaha ̄naumokua ̄kea to 

protect nationally significant biological, 

cultural, and historical resources. The 

original Papaha ̄naumokua ̄kea Marine 

National Monument (PMNM, 0–50 nm), 

and the Monument Expansion Area 

(MEA, 50–200 nm), (collectively 

‘‘Monument’’), located around the 

Northwestern Hawaiian Islands, were 

established under the Antiquities Act of 

1906 (54 U.S.C. 320301 et seq.) through, 

respectively, Presidential Proclamation 

8031 of June 15, 2006; as amended by 

Presidential Proclamation 8112 of 

February 28, 2007; and Presidential 

Proclamation 9478 of August 26, 2016. 

The Monument is administered jointly 

by four co-trustees—the Department of 

Commerce (DOC), the Department of the 

Interior (DOI), the State of Hawai1i, and 

the Office of Hawaiian Affairs (OHA). 

The 2000 Amendments to the NMSA 

authorized designation of a 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve (Reserve) to be 

managed by the Secretary of Commerce. 

In December 2000, President Clinton 

issued Executive Order 13178 that 

began the public process to establish the 

Reserve, and directed the Secretary of 

Commerce to initiate the process to 

designate the Reserve as a national 

marine sanctuary. In January 2001, 

President Clinton issued Executive 

Order 13196 finalizing the 

establishment of the Reserve. 

In 2006, President Bush established 

PMNM through Proclamation 8031 to 

protect and preserve the marine area of 

the Northwestern Hawaiian Islands and 

certain lands as necessary for the care 

and management of the historic and 

scientific objects therein. The Federal 

land and interests in land reserved 

included approximately 139,793 square 

miles of emergent and submerged lands 

and waters of the Northwestern 

Hawaiian Islands. NOAA and the 

United States Fish and Wildlife Service 

(USFWS) promulgated implementing 

regulations at 50 CFR part 404 for 

PMNM. 

In 2016, President Obama established 

the MEA through Proclamation 9478, 

which included the waters and 

submerged lands seaward of the PMNM 

to the extent of the seaward limit of the 

United States Exclusive Economic Zone 

(U.S. EEZ) west of 163° West Longitude. 

The MEA includes an additional 

442,781 square miles. Presidential 

Proclamation 9478 also directed the 

Secretary of Commerce to consider 

initiating the process to designate the 

MEA and PMNM seaward of the 

Hawaiian Islands National Wildlife 

Refuge and Midway Atoll National 

Wildlife Refuge and Battle of Midway 

National Memorial as a national marine 

sanctuary to supplement and 

complement existing authorities. On 

December 27, 2020, the Joint 

Explanatory Statement accompanying 

the Consolidated Appropriations Act, 

2021, further directed NOAA to initiate 

the process to designate the Monument 

as a national marine sanctuary. 

The sanctuary consists of a total area 

of approximately 582,570 square miles 

(439,910 square nautical miles). The 

precise boundary coordinates are 

defined in Appendix A to the 

regulations at 15 CFR part 922, subpart 

W. The sanctuary boundary 

encompasses the submerged lands, 

seamounts, and Pacific Ocean waters 

from the shoreline seaward to 

approximately 200 nautical miles west 

of 163° West Longitude surrounding the 

Northwestern Hawaiian Islands, which 

consist of the islands, atolls, and 

emergent lands stretching from Nihoa in 

the southeast to Kure Atoll in the 

northwest. The adjoining marine waters 

east of 163° West Longitude 

surrounding Nihoa extend seaward from 

the shoreline to approximately 50 

nautical miles. 

The sanctuary is a place of unique 

environmental resources that provide 

large-scale ecosystem services for both 


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the region and the world. The marine 

habitat includes several interconnected 

ecosystems, including coral islands 

surrounded by shallow reef, deeper reef 

habitat characterized by seamounts, 

banks, and shoals, mesophotic reefs 

with extensive algal beds, pelagic waters 

connected to the greater North Pacific 

Ocean, and deep-water habitats such as 

abyssal plains 5,000 meters below sea 

level. These ecosystems are connected 

as essential habitats for rare species 

such as the threatened green turtle and 

the endangered Hawaiian monk seal, as 

well as over 14 million seabirds that 

forage in the pelagic waters to nourish 

the chicks they are raising on the tiny 

islets. These waters are home to 20 

cetacean species protected by the 

Marine Mammal Protection Act, with 

some listed as endangered under the 

Endangered Species Act. The 

importance of these waters to the 

Hawaiian humpback whale is only 

recently becoming understood. At least 

a quarter of the nearly 7,000 known 

marine species found in the region are 

found nowhere else on Earth. 

The area of the sanctuary is also a 

sacred place to Native Hawaiians, who 

regard the islands and wildlife as 

ku ̄puna, or ancestors. The region holds 

deep cosmological and traditional 

significance for the people of Hawai1i 

and the Native Hawaiian culture. 

Papaha ̄naumokua ̄kea is as much a 

spiritual space as it is a physical 

geographical area, deeply rooted in 

Native Hawaiian creation and 

settlement stories. Since Native 

Hawaiian culture considers nature and 

culture to be one and the same, the 

protection of one of the last nearly 

pristine, natural, marine ecosystems in 

the archipelago is seen as being akin to 

preserving the living culture. 

The area of the sanctuary also 

includes the location of the Battle of 

Midway, a turning point in World War 

II for the allies in the Pacific Theater. 

Research indicates that there are 60–80 

sunken military vessels and hundreds of 

sunken military aircraft on the seafloor. 

In addition to Navy steamers and 

aircraft, there are whaling ships, ancient 

Japanese sailing ships known as junks, 

motorized East Asian style fishing 

vessels known as Hawaiian fishing 

sampans, Pacific colliers, and other 

vessels from the 19th and 20th 

centuries. Of these, the locations of 

more than 30 vessel wreck sites have 

been confirmed by diving or 

bathymetric surveys, with only a 

handful of those identified by vessel 

name or otherwise evaluated. 

B. Purpose and Need for Action 

The NMSA (16 U.S.C. 1431 et seq.) 

authorizes the Secretary of Commerce to 

designate national marine sanctuaries to 

meet the purposes and policies of the 

NMSA, including: 

• to provide authority for 

comprehensive and coordinated 

conservation and management of these 

marine areas, and activities affecting 

them, in a manner which complements 

existing regulatory authorities; 

• to maintain the natural biological 

communities in the national marine 

sanctuaries, and to protect, and, where 

appropriate, restore and enhance natural 

habitats, populations, and ecological 

processes; 

• to enhance public awareness, 

understanding, appreciation, and wise 

and sustainable use of the marine 

environment, and the natural, historical, 

cultural, and archaeological resources of 

the National Marine Sanctuary System’’ 

(16 U.S.C. 1431(b)(4)); 

• ‘‘to support, promote, and 

coordinate scientific research on, and 

long-term monitoring of, the resources 

of these marine areas’’ (16 U.S.C. 

1431(b)(5)); and 

• ‘‘to facilitate to the extent 

compatible with the primary objective 

of resource protection, all public and 

private uses of the resources of these 

marine areas not prohibited pursuant to 

other authorities’’ (16 U.S.C. 1431(b)(6)). 

NOAA is designating the marine areas 

of the Monument as a national marine 

sanctuary. The purpose of this action is 

to provide comprehensive and 

coordinated conservation and 

management of the marine areas of 

Papaha ̄naumokua ̄kea to protect 

nationally significant biological, 

cultural, and historical resources. 

Additionally, the purpose of the 

designation is to implement the 

provisions of Executive Order 13178, 

Presidential Proclamation 9478, and the 

Joint Explanatory Statement 

accompanying the Consolidated 

Appropriations Act, 2021. 

Accordingly, NOAA is designating 

this area as a national marine sanctuary 

to: 

• Develop objectives and actions that 

ensure lasting protection consistent 

with the existing Monument 

proclamations; 

• Safeguard natural and cultural 

values of the marine environment; 

• Apply additional regulatory and 

non-regulatory tools to augment and 

strengthen existing protections for 

Papaha ̄naumokua ̄kea ecosystems, 

wildlife, and cultural and maritime 

heritage resources; 

• Authorize NOAA to exercise 

enforcement authorities, including the 

assessment of civil penalties for 

violations of provisions of the NMSA 

and regulations and permits issued 

pursuant to the NMSA (16 U.S.C. 1437); 

• impose liability for destruction, loss 

of, or injury to sanctuary resources and 

provide natural resource damage 

assessment authorities for destruction, 

loss of, or injury to any sanctuary 

resource; and 

• require interagency consultation for 

any Federal agency action that is likely 

to destroy, cause the loss of, or injure 

any sanctuary resource. 

C. Designation Process 

1. Notice of Intent To Designate a 

National Marine Sanctuary 

On November 19, 2021, NOAA 

initiated the process to designate marine 

portions of the Monument as a national 

marine sanctuary by publishing a Notice 

of Intent to Conduct Scoping and to 

Prepare an Environmental Impact 

Statement for the Proposed Designation 

of a National Marine Sanctuary within 

Papaha ̄naumokua ̄kea Marine National 

Monument (86 FR 64904). The notice of 

intent stated that NOAA would prepare 

a draft EIS per the requirements of the 

National Environmental Policy Act 

(NEPA; 42 U.S.C. 4321 et seq.) and the 

NMSA. The notice of intent also 

announced NOAA’s intent to fulfill its 

responsibilities under the National 

Historic Preservation Act (NHPA; 54 

U.S.C. 300101 et seq.). The State of 

Hawai1i published its EIS preparation 

notice on December 8, 2021. Following 

publication of these notices, NOAA 

conducted four virtual public scoping 

meetings. During the 74-day public 

comment period from November 19, 

2021 through January 31, 2022, 73 

individuals and organizations provided 

written input. An estimated 165 people 

attended the four scoping meetings, 

with 9 people providing oral comments. 

The Summary of Scoping Input on the 

Notice of Intent and EIS Preparation 

Notice and State of Hawai1i Responses 

to Public Scoping Comments are 

included in the final EIS as Appendix 

F. 

2. Public Comment on Draft Designation 

Materials 

On March 1, 2024, NOAA published 

a notice of proposed rulemaking and a 

notice of availability of the draft EIS (89 

FR 15272) to release a proposed rule, 

draft EIS, and draft sanctuary 

management plan; and to request public 

comments on the proposed sanctuary 

designation documents. On March 8, 

2024, the State of Hawai1i also informed 

the public about the availability of the 

draft EIS through an announcement in 


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its bulletin, The Environmental Notice, 

per the Hawai1i Environmental Policy 

Act (HEPA), Hawai1i Revised Statutes 

(HRS) Chapter 343–3(c). The USFWS, 

the State of Hawai1i, and the Department 

of the Navy served as cooperating 

agencies in reviewing and assisting with 

the development of the draft EIS. 

The public comment period took 

place over the course of 68 days from 

March 1 to May 7, 2024. Public 

meetings were held to provide 

additional information and to receive 

public input in the form of oral and 

written comments. Comments were 

accepted in both English and 1o ̄lelo 

Hawai1i during 11 public meetings, held 

between April 6–18, 2024, including 

two virtual and nine in-person public 

meetings on O1ahu, Kaua1i, Hawai1i 

Island, Maui, and Moloka1i. Comments 

were also accepted through the Federal 

eRulemaking portal and by traditional 

mail through May 7, 2024, both in 

English and 1o ̄lelo Hawai1i. An estimated 

237 people attended the 11 public 

meetings and 61 individuals provided 

oral comments. During the public 

comment period, 488 written comments 

and 13,385 form letters were received 

from individuals, organizations, and 

agencies. A total of 13,934 comments 

were received, with the overwhelming 

majority in support of sanctuary 

designation. 

Major themes of comments included 

sanctuary access, permitting, 

prohibitions, enforcement, Native 

Hawaiian indigenous rights and cultural 

integration, fishing, co-management, 

resource protection, education and 

outreach, partnerships, and community 

participation. After the public comment 

period closed, the comments were 

carefully reviewed and cataloged by 

substantive issues contained in the 

comments. In preparing the final EIS, 

final sanctuary management plan, and 

final rule, NOAA and the State of 

Hawai1i considered comments received 

on the draft designation documents, 

identified substantive comments, and 

provided responses to these comments. 

A summary of these comments and the 

corresponding responses from NOAA 

are provided in the final EIS Appendix 

K and in Section V of this rulemaking. 

In response to these substantive 

comments, NOAA clarified information 

and made changes to this final rule, the 

final EIS, and the final sanctuary 

management plan, as described further 

below. 

3. Development of Terms of Designation 

and Regulations 

Section 304(a)(4) of the NMSA 

requires that the terms of designation 

include: (1) the geographic area that is 

included within the sanctuary; (2) the 

characteristics of the area that give it 

conservation, recreational, ecological, 

historical, research, educational, or 

esthetic value; and (3) the types of 

activities that would be subject to 

regulation by the Secretary to protect 

these characteristics. Section 304(a)(4) 

of the NMSA also specifies that the 

terms of designation may be modified 

only by the same procedures by which 

the original designation was made. 

The purpose and need for the 

sanctuary provide the overarching basis 

for developing the regulations. The 

designation of the sanctuary will not 

replace the area’s current status as a 

marine national monument. Existing 

authorities, including management 

authorities of all Monument co-trustees, 

will remain in effect. Sanctuary 

designation will supplement the 

existing provisions for management of 

the Monument and protect resources in 

the Northwestern Hawaiian Islands. To 

develop these regulations, NOAA 

reviewed the following, which currently 

guide Monument management: 

• Executive Order 13178— 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve, December 4, 

2000; 

• Presidential Proclamation 8031— 

Establishment of the Northwestern 

Hawaiian Islands Marine National 

Monument, June 15, 2006; 

• Presidential Proclamation 8112— 

Amending Proclamation 8031 of June 

15, 2006 to Read ‘‘Establishment of the 

Papaha ̄naumokua ̄kea Marine National 

Monument,’’ February 29, 2007; 

• Regulations implementing 

Presidential Proclamations 8031 and 

8112 at 50 CFR part 404; and 

• Presidential Proclamation 9478— 

Papaha ̄naumokua ̄kea Marine National 

Monument Expansion, August 26, 2016. 

These executive orders, presidential 

proclamations, and regulations served 

as benchmarks for drafting the rule for 

the sanctuary. Sanctuary designation 

will only add to, and will not diminish, 

Monument management measures and 

protections. NOAA has adopted the 

management measures from these 

benchmarks, and, in a few areas, added 

onto those measures to achieve 

consistency in regulation and 

management across the sanctuary. The 

final rule unifies management of the 

area by removing discrepancies and 

gaps in prohibitions, regulated 

activities, and permit criteria, providing 

clarity and comprehensive protection 

for the sanctuary. 

In developing this final rule and the 

sanctuary terms of designation, NOAA 

also considered: (1) information 

received through public scoping and 

public review of the draft designation 

documents, cooperating agency review, 

and coordination with the Monument 

co-trustees through the seven-member 

Monument Management Board, which 

consists of NOAA ONMS, NOAA 

Fisheries, USFWS Ecological Services, 

USFWS Refuges, Hawai1i Department of 

Land and Natural Resources (DLNR) 

Division of Aquatic Resources, DLNRDivision of Forestry and Wildlife, and 

OHA; and (2) information from analysis 

of issues in the EIS, interagency 

coordination, and internal staff analysis 

and expertise. NOAA also consulted 

with the Western Pacific Regional 

Fishery Management Council as 

required under the NMSA. 

Following publication of the proposed 

rule, in consideration of public 

comments and further review, NOAA 

made minor changes to the terms of 

designation and the regulations which 

are described in detail in Section III of 

this final rule. NOAA provides a 

detailed discussion of the final 

regulations in Section IV, subsection A 

through O, of this rule. The text of the 

final regulations is presented at the end 

of this rule. 

4. Development of Final Management 

Plan 

A final sanctuary management plan 

has been prepared in accordance with 

NMSA section 304(a)(2)(C). 

Management plans are site-specific 

documents that ONMS uses to manage 

individual sanctuaries. The final 

sanctuary management plan: (1) 

articulates the sanctuary’s vision, 

mission, goals, and objectives; (2) 

describes the management activities and 

initiatives that NOAA will conduct; and 

(3) provides strategies and assessment 

measures to guide the sanctuary’s shortand mid-range management. In response 

to public comments, NOAA made minor 

changes to the final sanctuary 

management plan, which is included as 

Appendix A to the final EIS. 

5. Final Environmental Impact 

Statement 

In accordance with NEPA (42 U.S.C. 

4321 et seq.), the NMSA, and HEPA 

(HRS Chapter 343, HAR Chapter 11– 

200.1), NOAA and the State of Hawai1i 

released a final EIS for the national 

marine sanctuary designation in 

advance of the publication of this final 

rule. NOAA is the lead Federal agency 

in the preparation of the final EIS. The 

USFWS, State of Hawai1i, the 

Department of the Navy, and OHA were 

cooperating agencies for the final EIS. 

The final EIS describes the purpose and 

need for the proposed action of 


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designating a national marine sanctuary, 

identifies a range of alternatives 

including the preferred alternative, 

provides an assessment of resources and 

uses in the area, and evaluates the 

potential environmental consequences 

of the designation including by 

comparing the beneficial and adverse 

impacts among alternatives. NOAA has 

provided a section in the final EIS (see 

Section 1.5) to outline the substantive 

changes made between the draft EIS and 

final EIS. 

The final EIS analyzes four 

alternatives; including a ‘‘no action’’ 

alternative, in which the area would not 

be designated as a national marine 

sanctuary; and three boundary 

alternatives: 

• Alternative 1 is coextensive with 

the marine portions of the Monument. 

The boundary includes the marine 

environment surrounding the 

Northwestern Hawaiian Islands from the 

shoreline of the islands and atolls 

seaward to 200 nautical miles, including 

all State waters and waters of the 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve, Midway Atoll 

and Hawaiian Islands National Wildlife 

Refuges, the Battle of Midway National 

Memorial, and State of Hawai1i 

Northwestern Hawaiian Islands Marine 

Refuge. The area encompassed in 

Alternative 1 is approximately 582,570 

square miles (439,910 square nautical 

miles). 

• Alternative 2 includes the marine 

environment from the shoreline of the 

islands and atolls seaward to 50 nautical 

miles. This alternative includes all State 

waters and waters of the Northwestern 

Hawaiian Islands Coral Reef Ecosystem 

Reserve, Midway Atoll and Hawaiian 

Islands National Wildlife Refuges, the 

Battle of Midway National Memorial, 

and State of Hawai1i Northwestern 

Hawaiian Islands Marine Refuge. This 

alternative does not include the MEA. 

The area encompassed in Alternative 2 

is approximately 139,782 square miles 

(105,552 square nautical miles). 

• Alternative 3 has the same 

boundaries as Alternative 1, but 

excludes waters within the Midway 

Atoll and Hawaiian Islands National 

Wildlife Refuges and the Battle of 

Midway National Memorial. These 

excluded waters include portions of the 

State of Hawai1i Northwestern Hawaiian 

Islands Marine Refuge and the 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve that overlap 

with national wildlife refuge waters. 

The area encompassed in Alternative 3 

is approximately 581,263 square miles 

(438,923 square nautical miles). 

5. Final Preferred Alternative 

In accordance with NEPA (42 U.S.C. 

4321 et seq.) and based on public 

comments on the draft designation 

materials and further review, NOAA has 

maintained Alternative 1 as the agencypreferred alternative (preferred 

alternative) based on its comparative 

merits; this alternative serves as the 

foundation of this final rule (Section 3.4 

of the final EIS presents a map and 

details of this alternative). NOAA 

selected its final preferred alternative 

after considering input from the 

Monument Management Board, the 

State of Hawai1i, cooperating agencies, 

other agencies consulted, and public 

comments provided on the draft 

designation documents. Through the 

analysis in the final EIS, NOAA has 

determined that the final preferred 

alternative would provide numerous 

beneficial impacts, including increased 

protection and conservation of 

resources, and improved coordination of 

conservation and management. NOAA 

has also considered the potential 

adverse impacts of the final preferred 

alternative and anticipates that there 

would be no significant adverse impacts 

to biological and physical resources, 

cultural and historic resources, or 

socioeconomic resources. 

NOAA’s identification of Alternative 

1 as the final preferred alternative is 

based on the need for additional 

resource protection, scientific research, 

and public education in areas that 

would be excluded by selecting the 

boundaries of Alternatives 2 or 3. 

Alternative 1 includes the MEA, an area 

which would benefit from the 

establishment of a NOAA permitting 

process, and the promulgation of 

sanctuary regulations to protect 

resources. Alternative 1 also includes 

the waters of Midway Atoll National 

Wildlife Refuge and Hawaiian Islands 

National Wildlife Refuge, which are the 

areas of the sanctuary subject to the 

highest level of human activity. 

II. Terms of Designation for 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary 

Section 304(a)(4) of NMSA as 

amended, 16 U.S.C. 1434(a)(4), requires 

that the terms of designation be 

described at the time a new sanctuary is 

designated, including the geographic 

area to be included within the 

sanctuary, the characteristics of the area 

that give it conservation, recreational, 

ecological, historical, research, 

educational, or esthetic value, and the 

types of activities that will be subject to 

regulation to protect those 

characteristics. 

The following represents the terms of 

designation: 

Preamble 

Under the authority of the National 

Marine Sanctuaries Act, as amended 

(the ‘‘Act’’ or ‘‘NMSA’’), 16 U.S.C. 1431 

et seq., approximately 582,570 square 

mi (439,910 square nmi) of the waters of 

the Pacific Ocean surrounding the 

Northwestern Hawaiian Islands are 

hereby designated as a national marine 

sanctuary for the purpose of providing 

long-term protection and management 

of the ecological, cultural, and historical 

resources and the conservation, 

recreational, scientific, educational, and 

esthetic qualities of the area. 

Article I: Effect of Designation 

The NMSA authorizes the issuance of 

such regulations as are necessary and 

reasonable to implement the 

designation, including managing and 

protecting the ecological, cultural, and 

historical resources and the 

conservation, recreational, scientific, 

educational, and esthetic qualities of 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary (the ‘‘sanctuary’’). Section 1 

of Article IV of these terms of 

designation lists those activities that 

may be regulated on the effective date 

of designation, or at some later date, in 

order to protect sanctuary resources and 

qualities. Listing an activity does not 

necessarily mean that it will be 

regulated. However, if an activity is not 

listed it may not be regulated, except on 

an emergency basis, unless Section 1 of 

Article IV is amended by the same 

procedures by which the original 

sanctuary designation was made. 

Article II: Description of the Area 

The sanctuary encompasses the 

submerged lands, seamounts, and 

Pacific Ocean waters from the shoreline 

seaward to approximately 200 nautical 

miles west of 163° West Longitude 

surrounding the Northwestern Hawaiian 

Islands which consist of the islands, 

atolls, and emergent lands stretching 

from Nihoa in the southeast to Ho ̄laniku ̄

(Kure Atoll) in the northwest. The 

marine waters east of 163° West 

Longitude surrounding Nihoa extend 

seaward from the shoreline to 

approximately 50 nautical miles. The 

total area of the sanctuary comprises 

approximately 582,570 square miles 

(439,910 square nautical miles). The 

precise boundary coordinates are 

defined in Appendix A to the 

regulations at 15 CFR part 922, subpart 

W. 


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Article III: Special Characteristics of the 

Area 

Papaha ̄naumokua ̄kea is a place of 

special national significance that 

provides large-scale ecosystem services 

for the region and the world. The 

marine habitat includes several 

interconnected ecosystems, including 

coral islands surrounded by shallow 

reef, deeper reef habitat characterized by 

seamounts, banks, and shoals scattered 

across the area of the sanctuary, 

mesophotic reefs with extensive algal 

beds, pelagic waters connected to the 

greater North Pacific Ocean, and deepwater habitats and abyssal plains 5,000 

meters below sea level. These connected 

ecosystems provide essential habitats 

for rare species such as the threatened 

green sea turtle and the endangered 

Hawaiian monk seal, as well as habitat 

for more than 14 million seabirds that 

forage in the pelagic waters to nourish 

the chicks they are raising on the tiny 

islets. Papaha ̄naumokua ̄kea is home to 

20 cetacean species, protected by the 

Marine Mammal Protection Act, with 

some listed as endangered under the 

Endangered Species Act. At least a 

quarter of the nearly 7,000 known 

marine species in the region are found 

nowhere else on Earth. 

The area of the sanctuary is also a 

place of historical and cultural 

significance. The area of the sanctuary 

includes the location of the Battle of 

Midway, a turning point in World War 

II for the allies in the Pacific Theater. 

Research indicates that 60–80 sunken 

military vessels and hundreds of sunken 

military aircraft are scattered across the 

seafloor. In addition to Navy steamers 

and aircraft, there are whaling ships, 

ancient Japanese sailing ships known as 

junks, motorized East Asian style 

fishing vessels known as Hawaiian 

fishing sampans, Pacific colliers, and 

other vessels from the 19th and 20th 

centuries. 

Papaha ̄naumokua ̄kea is also a sacred 

place to Native Hawaiians, who regard 

the islands and wildlife as ku ̄puna, or 

ancestors. The region holds deep 

cosmological and traditional 

significance to the people of Hawai1i and 

the Native Hawaiian culture, and 

contains a host of intact and significant 

archaeological sites found on the islands 

of Nihoa and Mokumanamana, both of 

which are on the National Register of 

Historic Places and Hawai1i Register of 

Historic Places. Papaha ̄naumokua ̄kea is 

as much a spiritual space as it is a 

physical geographical area, rooted deep 

in Native Hawaiian creation and 

settlement stories. 

Article IV: Scope of Regulations 

Section 1. Activities Subject to 

Regulation 

The following activities are subject to 

regulation, including prohibition, as 

may be necessary to ensure the 

protection and effective management of 

the ecological, cultural, historical, 

conservation, recreational, scientific, 

educational, or esthetic resources or 

qualities of the area: 

1. Access to the sanctuary; 

2. Ship reporting, ship routeing, and 

other shipping activities; 

3. Vessel monitoring; 

4. Vessel discharge; 

5. Exploring for, developing, or 

producing oil, gas, or minerals, or any 

energy development activities; 

6. Using or attempting to use poisons, 

electrical charges, or explosives in the 

collection or harvest of a sanctuary 

resource; 

7. Introducing or otherwise releasing 

an introduced species from within or 

into the sanctuary; 

8. Deserting a vessel; 

9. Commercial fishing; 

10. Non-commercial fishing; 

11. Possessing fishing gear; 

12. Anchoring on or having a vessel 

anchored on any living or dead coral 

with an anchor, anchor chain, or anchor 

rope; 

13. Drilling into, dredging, or 

otherwise altering the submerged lands; 

or constructing, placing, or abandoning 

any structure, material, or other matter 

on the submerged lands; 

14. Removing, moving, taking, 

harvesting, possessing, injuring, 

disturbing, or damaging; or attempting 

to remove, move, take, harvest, possess, 

injure, disturb, or damage any living or 

nonliving sanctuary resource; 

15. Attracting any living sanctuary 

resource; 

16. Touching coral, living or dead; 

17. Swimming, snorkeling, or closed 

or open circuit SCUBA diving; 

18. Discharging or depositing any 

material or other matter, or discharging 

or depositing any material or other 

matter outside of the sanctuary that 

subsequently enters the sanctuary; 

19. Anchoring a vessel; 

20. Native Hawaiian practices; 

21. Research and scientific 

exploration; 

22. Scientific research and 

development by Federal agencies; 

23. Activities that will further the 

educational value of the sanctuary or 

will assist in the conservation and 

management of the sanctuary; 

24. Recreational activities; and 

25. Interfering with, obstructing, 

delaying, or preventing an investigation, 

search, seizure, or disposition of seized 

property in connection with 

enforcement of the NMSA or any 

regulation or permit issued under the 

NMSA. 

Listing an activity here means that the 

Secretary of Commerce can regulate the 

activity, after complying with all 

applicable laws, without going through 

the designation procedures required by 

paragraphs (a) and (b) of section 304 of 

the NMSA. No term of designation 

issued under the authority of the NMSA 

may take effect in Hawai1i state waters 

within the sanctuary if the Governor of 

Hawai1i certifies to the Secretary of 

Commerce that such term of designation 

is unacceptable within the review 

period specified in the NMSA. 

Section 2. Emergencies 

Where necessary to prevent or 

minimize the destruction of, loss of, or 

injury to a sanctuary resource or quality, 

or to minimize the imminent risk of 

such destruction, loss, or injury, any 

and all activities, including those not 

listed in Section 1, are subject to 

immediate temporary regulation, 

including prohibition. 

Article V: Alteration of This Designation 

The terms of designation, as defined 

under section 304(a)(4) of the NMSA, 

may be modified only by the same 

procedures by which the original 

designation is made, including public 

hearings, consultations with interested 

Federal, Tribal, State, regional, and local 

authorities and agencies, review by the 

appropriate Congressional committees, 

and approval by the Secretary of 

Commerce, or his or her designee. 

III. Changes from Proposed to Final 

Regulations 

Based on public comments received 

between March 1 and May 7, 2024, 

internal deliberations, consultations, 

engagement with cooperating agencies, 

and meetings with constituents, NOAA 

has made the following changes to the 

proposed rule and corresponding 

changes to the final EIS and sanctuary 

management plan. 

A. Definitions 

NOAA added the term ‘‘categories of 

hazardous cargoes’’ to 15 CFR 922.24, 

the site-specific definitions. ‘‘Categories 

of hazardous cargoes’’ is defined in 

PMNM regulations, 50 CFR 404.3, and 

is added to the final regulations for 

consistency with existing regulations for 

ship reporting. Defining ‘‘categories of 

hazardous cargoes’’ provides clarity to 

the public on what information must be 

reported when conducting passage 

without interruption to comply with the 


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ship reporting requirements, as 

specified in the sanctuary regulations at 

15 CFR 922.243. 

NOAA has made a minor revision to 

the term ‘‘recreational activity,’’ by 

striking ‘‘within the Midway Atoll 

Special Management Area’’ from the 

definition, making it consistent with the 

definition provided in Presidential 

Proclamation 8031 establishing the 

Monument. 

B. Cooperative Management 

In response to public comments, 

NOAA has clarified how the sanctuary 

will be managed in partnership with 

other Federal and State agencies. In the 

proposed rule, NOAA proposed that the 

sanctuary would be co-managed with 

the State of Hawai1i. In the proposed 

regulations, NOAA identified the role 

that states may have in co-managing a 

sanctuary pursuant to the National 

Marine Sanctuaries Act, if all or part of 

the proposed sanctuary is within the 

territorial limits of any state. 

Recognition of the State of Hawai1i as a 

sanctuary co-manager was not meant to 

exclude the other Monument cotrustees, DOI and OHA. To the contrary, 

partnerships with other Federal and 

State agencies with overlapping 

jurisdiction are critical to the success of 

the National Marine Sanctuary System 

and the protection of marine areas of 

special national significance. 

In the final regulations, NOAA has 

renamed 15 CFR 922.242 ‘‘Cooperative 

Management’’ and added new text 

regarding how NOAA will manage the 

sanctuary in partnership with USFWS 

and OHA in addition to the State of 

Hawai1i. In doing so, NOAA reaffirms 

that the existing co-management 

structure of the Monument is critical to 

the success of the sanctuary. NOAA will 

work in cooperation with Monument cotrustees to update the Memorandum of 

Agreement for Promoting Coordinated 

Management of Papaha ̄naumokua ̄kea 

Marine National Monument with the 

State of Hawai1i, DOI, and OHA that 

reflects the addition of the sanctuary, 

and specifically addresses how the 

addition of a sanctuary will supplement 

and complement, and not supplant, the 

existing Monument management 

framework. 

In the final regulations, NOAA 

recognizes USFWS’s management 

authority over Midway Atoll National 

Wildlife Refuge and Hawaiian Islands 

National Wildlife Refuge. NOAA also 

clarifies that nothing in the regulations 

or establishment of the national marine 

sanctuary shall diminish USFWS’s 

authority to administer Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge under 

the National Wildlife Refuge System 

Administration Act, as amended, and 

other USFWS authorities. Where 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary overlays Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge, NOAA 

will implement the NMSA to provide 

supplemental authority to protect 

resources. NOAA and USFWS are 

developing an agreement to provide 

details on the execution of sanctuary 

management where the national marine 

sanctuary overlaps with Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge. 

C. Access 

In the proposed regulations, NOAA 

stated that a vessel may pass without 

interruption through the sanctuary 

without requiring a permit as long as the 

vessel does not stop, anchor, or engage 

in any prohibited activities. In the final 

regulations, NOAA has made a minor 

revision to 15 CFR 922.243(a)(5)(b), 

removing the word ‘‘anchor’’ from this 

statement. The removal of ‘‘anchor’’ is a 

technical revision because anchoring a 

vessel is already listed as a prohibited 

or otherwise regulated activity. In 15 

CFR 922.243(c)(7), NOAA has added 

clarification on the events that would 

trigger ‘‘further reports,’’ including 

‘‘pollution incidents and goods lost 

overboard.’’ This addition will help 

address potential threats and impacts to 

sanctuary resources in a timely manner 

from vessels transiting within the 

reporting area. 

In the proposed regulations, NOAA 

stated that access is prohibited except 

under certain circumstances. NOAA has 

clarified that the prohibition on access 

does not restrict scientific exploration or 

research activities by or for the 

Secretary of Commerce or the Secretary 

of the Interior when the activity occurs 

within the Outer Sanctuary Zone, 

consistent with the exception provided 

in 15 CFR 922.244(f). 

Finally, in 15 CFR 922.243(c), NOAA 

has also made technical revisions, 

removing the list of vessels for which 

the ship reporting requirements do not 

apply. This information is redundant of 

the exceptions provided in 15 CFR 

922.243(a)(1) through (a)(4). 

D. Prohibited or Otherwise Regulated 

Activities 

NOAA has added a prohibition on 

failing to comply with vessel monitoring 

systems requirements in violation of 15 

CFR 922.246; and a prohibition on 

failing to comply with ship reporting 

requirements in violation of 15 CFR 

922.243. NOAA made these technical 

revisions to clarify for the public the full 

scope of activities listed that are 

prohibited or otherwise regulated 

within the sanctuary. 

NOAA has also made technical 

revisions and clarifications to the 

prohibition on discharging or depositing 

any material or other matter into the 

sanctuary, or discharging or depositing 

any material or other matter outside of 

the sanctuary that subsequently enters 

the sanctuary and injures or has the 

potential to injure any resources of the 

sanctuary. Specifically, NOAA has 

clarified the list of exceptions to this 

prohibition for consistency with 

Presidential Proclamation 8031, the 

implementing regulations at 50 CFR part 

404, and other applicable law such as 

the Clean Water Act. For example, 

consistent with existing law in the 

Monument, NOAA has clarified that 

this prohibition does not apply to fish, 

fish parts, or chumming materials (bait) 

used in or resulting from lawful fishing 

activities, provided that such discharge 

or deposit is during the conduct of 

lawful fishing activities within the 

Sanctuary. In addition, NOAA has 

clarified that the exceptions for 

‘‘discharge incidental to vessel 

operations,’’ and the discharges within 

Special Preservation Areas or the 

Midway Atoll Special Management Area 

may only be conducted in accordance 

with other applicable law, such as the 

Clean Water Act and its implementing 

regulations. 

In the proposed rule, NOAA provided 

exceptions to vessel discharge when 

conducting passage without 

interruption under 15 CFR 922.243, but 

did not clarify that this exception also 

applies to the discharge prohibition 

under 15 CFR 922.244. NOAA has made 

these revisions in 15 CFR 922.244 to 

provide clarity to resource managers 

and the public, and consistency with 

existing Monument management. 

NOAA has made corresponding changes 

to the regulations at 15 CFR 922.243, 

removing the list of vessel discharge 

exceptions from this section. This 

revision is not substantive. 

E. Exemption for Non-Commercial 

Fishing 

In the proposed rule, NOAA proposed 

that eight prohibited or otherwise 

regulated activities in 15 CFR 922.244 

would not apply to non-commercial 

fishing activities in the Outer Sanctuary 

Zone authorized by regulations 

promulgated pursuant to the MagnusonStevens Fishery Conservation and 

Management Act (MSA), provided that 

no sale of harvested fish occurs. In 

response to comments of concern for 

this exemption, NOAA has made 

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commercial fishing permit authorized 

pursuant to the MSA is only exempt 

from a limited subset of prohibited or 

otherwise regulated activities in the 

Outer Sanctuary Zone, which may only 

be conducted as incidental to and 

necessary to conduct lawful noncommercial fishing activity. 

First, NOAA has removed the 

exemption for ‘‘touching coral, living or 

dead,’’ as this activity is not expected to 

occur as incidental to a lawful noncommercial fishing activity. 

Second, NOAA has removed the 

exemption for ‘‘discharging or 

depositing any material or other matter 

into the sanctuary, or discharging or 

depositing any material or other matter 

outside of the sanctuary that 

subsequently enters the sanctuary and 

injures or has the potential to injure any 

resources of the sanctuary, with 

exceptions.’’ NOAA has determined that 

non-commercial fishing activities 

authorized under the MSA do not 

require a broad exemption for discharge, 

and should be held to similar standards 

as other vessels. As described above, 

NOAA has also clarified the types of 

discharge that would not be regulated, 

including ‘‘fish, fish parts, or chumming 

materials (bait) used in or resulting from 

lawful fishing activity, provided that 

such discharge or deposit is during the 

conduct of lawful fishing activity within 

the Sanctuary.’’ This exception is 

consistent with Presidential 

Proclamation 8031, and the existing 

regulations for PMNM at 50 CFR 404.7. 

Third, NOAA has removed the 

exemption for anchoring a vessel. 

NOAA has concluded that this activity 

should not occur as incidental to a 

lawful non-commercial fishing activity 

in the Outer Sanctuary Zone. Anchoring 

a vessel in the Outer Sanctuary Zone 

would not be practical given the average 

ocean depths within this area of the 

sanctuary. 

NOAA has also clarified that this 

exemption from the sanctuary’s 

permitting requirements is only 

applicable provided that the fish 

harvested, either in whole or in part, are 

neither intended to enter commerce nor 

enter commerce through sale, barter, or 

trade, and that the resource is managed 

sustainably, consistent with Presidential 

Proclamation 9478. Moreover, 

consistent with the outcome of the 

NMSA Section 304(a)(5) process, for the 

exemption to apply, the fish harvested, 

either in whole or in part, are not 

intended to be sold and shall not be sold 

for any purposes, including, but not 

limited to, cost-recovery. Finally, NOAA 

has clarified that the activities under 

paragraph (a)(9) through (12), and 

(a)(14) may only be conducted as 

incidental and necessary to conduct 

lawful non-commercial fishing 

activities. 

F. Permit Procedures and Criteria 

In the proposed regulations, NOAA 

proposed two new general permit 

categories specific to the sanctuary: (i) 

Native Hawaiian Practices; and (ii) 

Recreation. In the final regulations, 

NOAA maintains these two general 

permit categories in 15 CFR 922.30. For 

ease of reference, NOAA has moved the 

additional permit issuance criteria and 

requirements to the site-specific 

regulations for the proposed sanctuary 

at 15 CFR 922.245. This revision is not 

substantive. NOAA has also made a 

revision to the additional permit 

issuance criteria for Recreation permits. 

NOAA has amended the permitting 

criteria at 15 CFR 922.245 to clarify that 

a ‘‘recreational activity’’ may only be 

permitted within the Midway Atoll 

Special Management Area, consistent 

with existing regulations for the 

Monument. 

Finally, as described below, NOAA 

moved the Vessel Monitoring System 

(VMS) requirements from 15 CFR 

922.245 to a standalone section at 15 

CFR 922.246. NOAA retained, with 

minor edits, the requirement to outfit a 

vessel with a NOAA Office of Law 

Enforcement (OLE) type-approved VMS 

unit, as a condition of a permit. This is 

consistent with the regulations 

implementing Presidential Proclamation 

8031 at 50 CFR part 404, and 

specifically, the permitting findings that 

must be made under 50 CFR 404.11(d). 

G. Vessel Monitoring System 

In the proposed rule, NOAA 

proposed, as a part of the permit 

procedures and criteria under 15 CFR 

922.245, that an owner or operator of a 

vessel that has been issued a sanctuary 

general permit or special use permit 

must ensure that such vessel has a 

NOAA OLE type-approved VMS on 

board when operating within the 

sanctuary. In the final regulations, 

NOAA has moved the VMS 

requirements to a standalone section at 

15 CFR 922.246 for consistency with the 

regulations implementing Presidential 

Proclamation 8031 at 50 CFR part 404. 

NOAA also made non-substantive 

technical changes to the VMS 

requirements to more closely align with 

the Monument’s implementing 

regulations, specifically 50 CFR 404.5. 

H. Sunken Military Craft 

NOAA has added new text regarding 

the Sunken Military Craft Act 

acknowledging that sunken military 

craft in the sanctuary will continue to be 

administered by the respective Secretary 

concerned pursuant to the Sunken 

Military Craft Act. NOAA will enter into 

a Memorandum of Agreement with the 

appropriate agencies regarding 

collaboration on implementing the 

Sunken Military Craft Act. 

I. Emergency Regulations 

NOAA has added information to 

Section IV of this final rule describing 

emergency regulations. This is a 

technical clarification of a regulatory 

provision that applies to all national 

marine sanctuaries, pursuant to the 

National Marine Sanctuary Program 

Regulations at 15 CFR 922 subpart A— 

Regulations of General Applicability. 

Adding this to the final rule provides 

clarity to the public on a supplemental 

authority that is provided through 

sanctuary designation. 

J. Technical Edits 

In addition to the changes discussed 

above, NOAA has made technical edits 

throughout this final rule. Many of these 

technical edits are necessary to conform 

with revisions to 15 CFR part 922 that 

became effective on October 16, 2024. 

These technical edits are not 

substantive. NOAA has also made two 

minor changes to the terms of 

designation that were included in the 

proposed rule. First, NOAA has added 

more detail to one sentence describing 

the special characteristics of the area. 

Second, NOAA has added ‘‘ship 

reporting, ship routeing, and other 

shipping activities’’ to the list of 

activities subject to regulation in Article 

IV of the terms of designation to reflect 

the full scope of activities that may be 

regulated. In the draft terms of 

designation, NOAA only included ‘‘ship 

reporting.’’ 

IV. Summary of Final Regulations 

A. Adding New Subpart W 

NOAA is amending 15 CFR part 922 

by adding a new subpart (subpart W) 

that contains site-specific regulations for 

the sanctuary. This subpart will include 

the boundary, contain definitions of 

common terms used in the new subpart, 

identify prohibited activities and 

exceptions, and establish procedures for 

permitting otherwise prohibited 

activities. The regulations will be 

applied in accordance with generally 

recognized principles of international 

law and in accordance with treaties, 

conventions, and other agreements to 

which the United States is a party, 

consistent with sections 305(a) and 

307(k) of the NMSA and the NMSA’s 

Regulations of General Applicability at 

15 CFR 922.1(b). No regulation shall 


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apply to or be enforced against a person 

who is not a citizen, national, or 

resident alien of the United States 

unless in accordance with generally 

recognized principles of international 

law, or applicable treaties, conventions, 

and other agreements. 

B. Sanctuary Boundary 

NOAA’s designation of 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary consists of the marine 

environment surrounding the 

Northwestern Hawaiian Islands from the 

shoreline of the islands and atolls 

seaward to 200 nautical miles, including 

all waters of the Monument. NOAA 

estimates the area encompassed in the 

designation is approximately 582,570 

square miles (439,910 square nautical 

miles). 

C. Definitions 

This rule incorporates and adopts 

common terms defined in the national 

regulations at 15 CFR 922.11. In 

addition, NOAA is including 20 sitespecific definitions. To the extent that a 

term appears at 15 CFR 922.11 and the 

definitions section of the final rule, the 

definition in the final rule would 

govern. 

• The definitions for ‘‘Bottomfish 

Species’’ and ‘‘Pelagic Species’’ are 

adopted from regulations for Fisheries 

in the Western Pacific, 50 CFR 665.201 

and 50 CFR 665.800. 

• ‘‘Ecological integrity’’, ‘‘Midway 

Atoll Special Management Area’’, 

‘‘Native Hawaiian practices’’, ‘‘Pono’’, 

‘‘Recreational activity’’, ‘‘Special 

Preservation Area (SPA)’’, ‘‘Stowed and 

not available for immediate use’’, 

‘‘Sustenance fishing’’, and ‘‘Vessel 

monitoring system or VMS’’, are 

adopted from Presidential Proclamation 

8031. 

• ‘‘Commercial fishing’’ and ‘‘Noncommercial fishing’’ are adopted from 

the MSA and, in part, from regulations 

for Fisheries in the Western Pacific, 50 

CFR 665.12. 

• ‘‘Particularly Sensitive Sea Area 

(PSSA)’’ is adopted from International 

Maritime Organization (IMO) Resolution 

A.982(24), December 1, 2005. 

• ‘‘Areas to be avoided (ATBA)’’, 

‘‘Categories of hazardous cargoes’’ and 

‘‘Office of Law Enforcement’’ are 

adopted from Papaha ̄naumokua ̄kea 

Marine National Monument regulations, 

50 CFR 404.3. 

• ‘‘Outer Sanctuary Zone’’ refers to 

the area of the sanctuary that would 

extend from approximately 50 nautical 

miles from all the islands and emergent 

lands of the Northwestern Hawaiian 

Islands to the extent of the seaward 

limit of the United States Exclusive 

Economic Zone west of 163° West 

Longitude. This area of the sanctuary 

would correspond with the area 

designated as a marine national 

monument by Presidential Proclamation 

9478, referred to as the 

‘‘Papaha ̄naumokua ̄kea Marine National 

Monument Expansion’’ or MEA. NOAA 

provides this definition to provide 

clarity to the public where there is a 

regulation that only applies to this area 

of the sanctuary, and not the entire 

sanctuary. Note that the MEA and the 

Outer Sanctuary Zone are coextensive. 

In this final rule, when describing the 

sanctuary regulations, the term ‘‘Outer 

Sanctuary Zone’’ is used, and when 

describing the directives of Presidential 

Proclamation 9478, the term ‘‘MEA’’ is 

used. 

• ‘‘Reporting Area’’ refers to the area 

of the sanctuary that extends outward 

ten nautical miles from the PSSA 

boundary, as designated by the IMO, 

and excludes the ATBAs that fall within 

the PSSA boundary. The reporting area 

is defined by the coordinates set forth in 

Appendix E to the final rule. NOAA 

defines the ‘‘reporting area’’ to clarify 

which areas of the sanctuary apply to 

ship reporting requirements. 

• ‘‘Scientific instrument’’ is a term 

used in Presidential Proclamation 9478, 

but the term was not defined. 

Specifically, Presidential Proclamation 

9478 prohibits ‘‘drilling into, dredging, 

or otherwise altering the submerged 

lands, or constructing, placing, or 

abandoning any structure, material, or 

other matter on the submerged lands, 

except for scientific instruments’’. 

NOAA defines ‘‘scientific instrument’’ 

to clarify what activities may be 

conducted pursuant to a permit. NOAA 

defines ‘‘scientific instrument’’ to mean 

‘‘a device, vehicle, or tool used for 

scientific purposes and is inclusive of 

structures, materials, or other matter 

incidental to proper use of such device, 

vehicle, or tool.’’ In defining ‘‘scientific 

instrument,’’ NOAA’s definition 

provides for the inclusion of 

‘‘structures, materials, or other matter 

incidental to proper use of such device, 

vehicle, or tool’’ because, based on the 

type of activities previously permitted 

in the Monument, proper deployment 

and use of most scientific instruments 

requires more than the instrument itself. 

For example, there may be incidental 

ballast discharge associated with the use 

of a scientific instrument like a remotely 

operated vehicle, or ROV. A narrower 

definition of ‘‘scientific instrument’’ 

could unduly restrict NOAA’s ability to 

permit activities in the area of the 

sanctuary that overlaps with the MEA. 

NOAA believes a narrower definition 

would be inconsistent with the intent of 

Presidential Proclamation 9478, which 

states ‘‘Undisturbed seamount 

communities in the adjacent area are of 

significant scientific interest because 

they provide opportunities to examine 

the impacts of physical, biological, and 

geological processes on ecosystem 

diversity, including understanding the 

impacts of climate change on these 

deep-sea communities. These 

seamounts and ridges also provide the 

opportunity for identification and 

discovery of many species not yet 

known to humans, with possible 

implications for research, medicine, and 

other important uses. Recent scientific 

research, utilizing new technology, has 

shown that many species identified as 

objects in Proclamation 8031 inhabit 

previously unknown geographical 

ranges that span beyond the existing 

Monument, and in some cases the 

adjacent area also provides important 

foraging habitat for these species.’’ 

These statements clearly demonstrate 

the significant scientific value of the 

MEA and underscore the opportunities 

for research and discovery to occur in 

the sanctuary. 

D. Cooperative Management of the 

Sanctuary 

Pursuant to the NMSA, states may 

choose to have a role in co-managing a 

sanctuary if all or part of the sanctuary 

is within the territorial limits of any 

state. As the sanctuary includes state 

waters, NOAA will co-manage the 

sanctuary with the State of Hawai1i. 

NOAA establishes the framework for comanagement in section 922.242 of the 

final regulations NOAA and the State of 

Hawai1i may update existing agreements 

or develop additional agreements as 

necessary to provide details on the 

execution of sanctuary management, 

such as activities, programs, and 

permitting that can be updated to adapt 

to changing conditions or threats to the 

sanctuary resources. 

NOAA and the State of Hawai1i will 

manage the sanctuary in partnership 

with the USFWS and OHA consistent 

with the management of the Monument. 

The existing co-management structure 

of the Monument will be critical to the 

success of the sanctuary. NOAA will 

work in cooperation with the 

Monument co-trustees to update the 

Memorandum of Agreement for 

Promoting Coordinated Management of 

Papaha ̄naumokua ̄kea Marine National 

Monument with the State of Hawai1i, 

DOI, and OHA that reflects the addition 

of the sanctuary, and specifically 

addresses how the addition of a 

sanctuary will supplement and 

complement, and not supplant, existing 

Monument management. This is 


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consistent with the existing 

Memorandum of Agreement, which 

includes a provision that states that ‘‘in 

the event of the designation of the 

Monument or any portion of the 

Monument as a National Marine 

Sanctuary under the National Marine 

Sanctuaries Act, nothing herein shall be 

construed as automatically terminating 

or otherwise amending this Agreement.’’ 

NOAA may enter into additional 

Memorandums of Agreement with the 

Monument co-trustees regarding this 

collaboration that may address, but not 

be limited to, sanctuary resource 

protection, educational programs, 

permitting, enforcement, research 

activities, development, and threats to 

resources. Any future proposed changes 

to sanctuary regulations or boundaries 

would be coordinated with the State 

and other Monument co-trustees and 

subject to public review as mandated by 

the NMSA and other Federal statutes. 

The Secretary of the Interior, through 

the USFWS, has sole responsibility for 

management of the areas of the 

Monument that overlay the Midway 

Atoll National Wildlife Refuge, the 

Battle of Midway National Memorial, 

and the Hawaiian Islands National 

Wildlife Refuge, and exercises that 

responsibility in consultation with the 

Secretary of Commerce. Nothing in 

these regulations or establishment of the 

national marine sanctuary shall 

diminish USFWS’s authority to 

administer Midway Atoll National 

Wildlife Refuge and Hawaiian Islands 

National Wildlife Refuge under the 

National Wildlife Refuge System 

Administration Act as amended, and 

other USFWS authorities. Where 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary overlays Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge, NOAA 

will implement the NMSA to provide 

supplemental authority to protect 

resources. 

NOAA, in exercising its management 

authority under National Marine 

Sanctuaries Act Section 304(d), 

recognizes USFWS’ management 

authority over Midway Atoll National 

Wildlife Refuge and Hawaiian Islands 

National Wildlife Refuge under the 

National Wildlife Refuge System 

Administration Act. 

The Director of the USFWS has agreed 

that Papaha ̄naumokua ̄kea National 

Marine Sanctuary will provide 

supplemental authorities where the 

sanctuary overlays the Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge. NOAA 

and USFWS are developing an 

agreement to memorialize this decision, 

and to provide details on the execution 

of sanctuary management where the 

national marine sanctuary overlaps with 

Midway Atoll National Wildlife Refuge 

and Hawaiian Islands National Wildlife 

Refuge, consistent with the spirit of 

cooperative management of the area and 

recognizing USFWS has sole authority 

in Midway Atoll National Wildlife 

Refuge and Hawaiian Islands National 

Wildlife Refuge pursuant to the National 

Wildlife Refuge System Administration 

Act. 

Implementation of NOAA and 

USFWS authorities shall not enlarge or 

diminish the jurisdiction of the State of 

Hawai1i, including the State’s 

responsibilities and requirements to 

manage Kure Atoll Wildlife Sanctuary 

and the State of Hawai1i Northwestern 

Hawaiian Islands Marine Refuge. 

E. Access 

In PMNM, pursuant to Presidential 

Proclamation 8031, access is prohibited 

except under the following 

circumstances: (1) for emergency 

response and law enforcement 

purposes; (2) for activities and exercises 

of the Armed Forces; (3) for persons 

who have been issued Monument 

permits; and (4) for passage without 

interruption. For consistency, and to 

protect sanctuary resources, NOAA 

extends the access restrictions which 

apply to the area of the sanctuary that 

overlaps the PMNM to the area of the 

sanctuary that overlaps with the MEA as 

follows: 

Access to the sanctuary is prohibited 

and thus unlawful except under the 

following circumstances: (1) for 

emergency response actions, law 

enforcement activities, and activities 

and exercises of the Armed Forces; (2) 

pursuant to a sanctuary permit; (3) 

when conducting non-commercial 

fishing activities in the Outer Sanctuary 

Zone authorized under the MSA in 

accordance with 15 CFR 922.244 (d); (4) 

when conducting scientific exploration 

or research activities by or for the 

Secretary of Commerce or the Secretary 

of the Interior when the activity occurs 

within the Outer Sanctuary Zone); and 

(5) when passing through the sanctuary 

without interruption. 

A vessel may pass without 

interruption through the sanctuary 

without requiring a permit as long as the 

vessel does not stop or engage in 

prohibited activities within the 

sanctuary. A vessel passing through the 

sanctuary without interruption may be 

subject to the ship reporting system, as 

described below. 

The access restrictions will be applied 

in accordance with generally recognized 

principles of international law and in 

accordance with treaties, conventions, 

and other agreements to which the 

United States is a party, consistent with 

sections 305(a) and 307(k) of the NMSA 

and the NMSA’s Regulations of General 

Applicability at 15 CFR 922.1(b). No 

regulation shall apply to or be enforced 

against a person who is not a citizen, 

national, or resident alien of the United 

States unless in accordance with 

generally recognized principles of 

international law, or applicable treaties, 

conventions, and other agreements. 

F. Ship Reporting 

The final rule includes regulations to 

implement the ship reporting system 

(CORAL SHIPREP) adopted by the IMO, 

which require entrance and exit 

notifications for vessels that pass 

without interruption through the 

sanctuary areas contained within a 

reporting area. Requiring vessels to 

notify NOAA immediately upon 

entering the reporting area will help 

make the vessel operators aware that 

they are traveling through a fragile area 

with potential navigational hazards, 

such as the extensive coral reefs found 

in many shallow areas of the sanctuary 

contained within the reporting area. 

The ship reporting requirements 

apply to vessels that pass through the 

sanctuary without interruption. 

Conversely, the ship reporting 

requirements do not apply to vessels 

covered by an exemption at 15 CFR 

922.243(a)(1) through (a)(4), or to 

sovereign immune vessels, which are 

specifically exempted from the 

reporting requirement in the ship 

reporting system adopted by the IMO. 

Furthermore, the ship reporting 

requirements will be applied in 

accordance with generally recognized 

principles of international law and in 

accordance with treaties, conventions, 

and other agreements to which the 

United States is a party, consistent with 

sections 305(a) and 307(k) of the NMSA 

and the NMSA’s Regulations of General 

Applicability at 15 CFR 922.1(b). No 

regulation shall apply to or be enforced 

against a person who is not a citizen, 

national, or resident alien of the United 

States unless in accordance with 

generally recognized principles of 

international law, or applicable treaties, 

conventions, and other agreements. 

NOAA defines the reporting area as 

‘‘the area of the sanctuary that extends 

outward ten nautical miles from the 

PSSA [Particularly Sensitive Sea Area] 

boundary, as designated by the IMO, 

and excludes the ATBAs [Areas to be 

avoided] that fall within the PSSA 

boundary.’’ The reporting area is further 

defined by the coordinates set forth in 

Appendix E to the final rule. Appendix 

E includes a coordinates table for the 


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‘‘Reporting Area Outer Boundary,’’ 

which contains the reporting area’s 

boundary surrounding the PSSA. 

Appendix E also includes coordinate 

tables for the ‘‘Inner Reporting Area 

Boundary’’ for each of the four ATBAs 

that fall within the PSSA, but which are 

not part of the reporting area. 

The reporting area for the sanctuary 

will not include the four voluntary 

ATBAs adopted by the IMO that are also 

within the PSSA. An ATBA is an area 

within which either navigation is 

particularly hazardous or it is 

exceptionally important to avoid 

casualties. While ATBAs can be 

mandatory (i.e., vessels are required by 

applicable law to avoid and operate 

outside of the area) most are voluntary 

and vessels may travel through them. 

Because the four ATBAs in the PSSA 

are voluntary, as adopted by the IMO 

and implemented by these regulations, 

the ATBAs are outside of the reporting 

area. Nonetheless, by virtue of entering 

or exiting an ATBA, vessels would also 

be departing or entering the reporting 

area, and, therefore be subject to the 

reporting area’s requirements four times: 

(1) once when it enters the reporting 

area; (2) once when it leaves the 

reporting area to enter the ATBA; (3) 

once when it exits the ATBA and enters 

the reporting area on the other side of 

the ATBA; and (4) once when it again 

leaves the reporting area. The potential 

burden of reporting four times is 

justified by the navigational hazards 

that exist within the ATBAs. The 

reporting area also includes three large 

areas within the PSSA that are not 

within the ATBAs. These breaks 

between the four ATBAs allow for 

north-south passages through the 

sanctuary areas contained within the 

reporting area that can be utilized for 

navigation to avoid ATBAs. Vessels 

passing through the sanctuary in these 

areas would only send email 

notification twice: once upon entering 

the reporting area, and again upon 

leaving the reporting area. 

NOAA will implement CORAL 

SHIPREP’s requirements under the 

NMSA in keeping with the United 

States’ and IMO’s long-standing interest 

in providing additional protection to the 

natural, cultural, and historic resources 

in PMNM through ship reporting 

requirements. In June 2006, Presidential 

Proclamation 8031 directed the 

Secretary of Commerce and Secretary of 

Interior to require notification from any 

person passing through PMNM without 

interruption at least 72 hours, but no 

longer than 1 month, prior to the entry 

date, and within 12 hours of departure. 

Presidential Proclamation 8031 further 

indicated the specific types of 

information that must be provided in 

the notification. These notification 

requirements were subsequently 

codified in 50 CFR 404.4. Presidential 

Proclamation 8031 also directed the 

Secretary of State, in consultation with 

the Secretary of Commerce and 

Secretary of Interior, to seek the 

cooperation of other governments and 

international organizations in 

furtherance of the purposes of the 

proclamation and consistent with 

applicable regional and multilateral 

arrangements for the protection and 

management of special marine areas. 

Following Executive Order 13178 and 

Presidential Proclamation 8031, in April 

2007 the United States proposed to the 

IMO that PMNM be designated as a 

PSSA to protect the attributes of the 

fragile and integrated coral reef 

ecosystem from potential hazards 

associated with international shipping 

activities. The U.S. noted in its proposal 

that the proposed PSSA and its 

associated protective measures would 

result in a minimal burden to 

international shipping, would 

significantly further increase maritime 

safety, would protect of the fragile 

environment, would preserve cultural 

resources and areas of cultural 

importance significant to Native 

Hawaiians, and would facilitate 

responses to developing maritime 

emergencies. On April 3, 2008, the IMO 

designated the PMNM as a PSSA. As 

part of the PSSA designation process, 

the IMO adopted U.S. proposals for 

associated protective measures. These 

measures included expanding and 

consolidating the six existing 

recommendatory ATBAs in the PMNM 

into four larger areas and enlarging the 

class of vessels to which they apply. In 

addition, the IMO adopted a ship 

reporting system for vessels transiting 

the PMNM, which is mandatory for 

ships 300 gross tons or greater that are 

entering or departing a U.S. port or 

place and recommended for other ships. 

The system requires that ships notify 

the U.S. shore-based authority (i.e., the 

U.S. Coast Guard; NOAA will be 

receiving all messages associated with 

this program on behalf of the Coast 

Guard) at the time they begin transiting 

the reporting area and again when they 

exit. In December 2008, NOAA and the 

USFWS published final regulations to 

establish a ship reporting system for 

PMNM, which implemented measures 

adopted by the IMO requiring 

notification by ships passing through 

PMNM without interruption (73 FR 

73592). These regulations modified the 

previous notification requirements at 50 

CFR 404.4. 

NOAA will implement the ship 

reporting system as adopted by the IMO 

and establish the reporting area using 

the boundary coordinates in Appendix 

E to this final rule to provide additional 

protection to the natural, cultural, and 

historic resources in the sanctuary. 

Accordingly, NOAA’s regulations build 

upon the requirements outlined in 

Presidential Proclamation 8031, and 

reflect additions made through the 

IMO’s adoption of a ship reporting 

system and the implementation of that 

system in 50 CFR 404.4. NOAA 

provides minor language changes from 

the process adopted by IMO Resolution 

MEPC.171(57) and IMO Resolution 

MSC.279(85) to provide clarity to the 

public on which vessels are required to 

participate in ship reporting and the 

type of information that should be 

reported. 

G. Activities That Are Prohibited or 

Otherwise Regulated 

NOAA will supplement and 

complement existing management of 

this area through prohibited or 

otherwise regulated activities in section 

922.244. Presidential Proclamations 

8031, 8112, and 9478, and regulations 

implementing Presidential 

Proclamations 8031 and 8112 at 50 CFR 

part 404 provide the foundation for the 

prohibitions. However, minor changes 

are made to remove discrepancies and 

gaps in prohibitions and regulated 

activities between PMNM and the MEA 

in order to allow for consistency in 

management across the sanctuary. 

Within PMNM, the prohibitions in 

section 922.244 are already effectively 

in place under 50 CFR part 404, except 

for prohibitions 1 and 4 (detailed 

below). Minor changes are made to 

prohibitions 1 and 4 to remove 

discrepancies across the two zones 

(PMNM and MEA). Regulations 

implementing Presidential Proclamation 

9478 have not been promulgated for the 

MEA. Many of the prohibitions adopted 

in the rule are identified in Presidential 

Proclamation 9478, which established 

the MEA. Any prohibitions for the area 

of the sanctuary that overlaps with the 

MEA that are not adopted directly from 

Presidential Proclamation 9478 are 

identified below. 

1. Prohibition on Exploring for, 

Developing, or Producing Oil, Gas, or 

Minerals, or Any Energy Development 

Activities 

Consistent with the presidential 

proclamations establishing the 

Monument, NOAA prohibits exploring 

for, developing, or producing oil, gas, or 

minerals to protect sanctuary resources 

and create a seamless management area 


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throughout the sanctuary. The addition 

of the prohibition on ‘‘any energy 

development activities’’ would be new 

for PMNM, and was added to further the 

underlying intent of the prohibition on 

oil, gas, and mineral development by 

accounting for technological advances 

in other forms of energy development. 

In addition to creating consistency 

across the two zones, this prohibition 

will help advance the sanctuary’s goals 

and objectives by protecting sensitive 

marine ecosystems such as fragile coral 

reefs and deep-sea corals, benthic 

habitat, and seamounts. Prohibiting oil, 

gas, and mineral development reduces 

the risk of offshore spills, such as the 

Deepwater Horizon oil spill, that could 

significantly harm sanctuary resources. 

Deep seabed mining, oil and gas 

drilling, and other energy development 

activities, such as renewable energy 

system installation, destroys fragile 

benthic habitat, releases sequestered 

carbon, and spreads sediment plumes 

that can suffocate both sensitive shallow 

and deep-sea coral reefs, which 

negatively impacts nursery and foraging 

habitat for fish, and reduces the 

ecosystem’s overall resilience. 

2. Prohibition on Using or Attempting 

To Use Poisons, Electrical Charges, or 

Explosives in the Collection or Harvest 

of a Sanctuary Resource 

This prohibition is consistent with 

prohibitions identified in the 

presidential proclamations establishing 

the Monument. 

3. Prohibition on Introducing or 

Otherwise Releasing an Introduced 

Species From Within or Into the 

Sanctuary 

This prohibition is consistent with 

prohibitions identified in the 

presidential proclamations establishing 

the Monument. 

4. Prohibition on Deserting a Vessel 

Deserting a vessel is currently a 

regulated activity (allowed only with a 

permit) in PMNM pursuant to 

Presidential Proclamation 8031. 

Deserting a vessel is a prohibited 

activity in the MEA pursuant to 

Presidential Proclamation 9478. Based 

on NOAA’s experience in managing 

national marine sanctuaries, NOAA 

does not see a need to permit this 

activity. Prohibiting this activity will 

create consistency in management 

across the sanctuary and help to prevent 

desertion of a vessel following a sinking, 

grounding, or other incident. Prevention 

is much less expensive than responding 

to a deserted vessel and can optimally 

prevent impacts and damage to 

sanctuary resources as well as to private 

property. 

5. Prohibition on Anchoring on or 

Having a Vessel Anchored on Any 

Living or Dead Coral With an Anchor, 

Anchor Chain, or Anchor Rope 

This prohibition is consistent with 

prohibitions identified in the 

presidential proclamations establishing 

the Monument. 

6. Prohibition on Commercial Fishing or 

Possessing Commercial Fishing Gear 

Except When Stowed and Not Available 

for Immediate Use 

Presidential Proclamation 8031 

provided that commercial fishing for 

bottomfish and pelagic fish in PMNM 

that was permitted by NOAA prior to 

June 16, 2006 was allowed to continue 

for 5 years from the date of the 

proclamation, until June 15, 2011. After 

that date, Presidential Proclamation 

8031 prohibited commercial fishing for 

bottomfish and associated pelagic 

species in PMNM. Presidential 

Proclamation 9478 also prohibits 

commercial fishing, as well as 

possessing commercial fishing gear 

except when stowed and not available 

for immediate use during passage 

without interruption in the MEA. With 

these sanctuary regulations, NOAA 

provides a sanctuary-wide prohibition 

on commercial fishing or possessing 

commercial fishing gear except when 

stowed and not available for immediate 

use to be consistent with the 

presidential proclamations establishing 

the Monument. 

7. Prohibition on Failing To Comply 

With Vessel Monitoring Systems 

Requirements in Violation of § 922.246 

This prohibition is consistent with 

requirements identified in Presidential 

Proclamation 8031. The VMS 

requirement for permittees operating 

within the areas of the sanctuary that 

overlap with the MEA would be a new 

requirement. Further discussion of the 

VMS requirements is included within 

Section IV. L. of this final rule. 

8. Prohibition on Failing To Comply 

With Ship Reporting Requirements in 

Violation of § 922.243 

This prohibition is consistent with the 

requirements of the ship reporting 

system (CORAL SHIPREP), as adopted 

by the IMO and implemented in PMNM 

under 50 CFR 404.4. Further discussion 

of the ship reporting system 

requirements is included within Section 

IV.F of this final rule. 

9. Prohibition on Non-Commercial 

Fishing or Possessing Non-Commercial 

Fishing Gear Except When Stowed and 

Not Available for Immediate Use 

The presidential proclamations 

establishing the Monument broadly 

restrict the harvest of fishery resources 

by prohibiting removing, moving, 

taking, harvesting, possessing, injuring, 

disturbing, or damaging any living or 

nonliving monument resource, as well 

as attempts to do the same, except as 

may be allowed with a permit. As noted 

above, Presidential Proclamations 8031 

and 9478 further specify prohibitions on 

commercial fishing and the possession 

of commercial fishing gear. The 

presidential proclamations also identify 

certain types of non-commercial fishing 

that may be regulated (i.e., allowed 

pursuant to a permit or incidental to a 

permitted activity). Presidential 

Proclamation 8031, for example, 

authorizes sustenance fishing incidental 

to an activity permitted in PMNM. 

Presidential Proclamation 9478, for 

example, provides that non-commercial 

fishing is a regulated activity (i.e., 

allowed only with a permit) in the MEA. 

In the sanctuary, for consistency with 

the proclamations, NOAA will prohibit 

‘‘non-commercial fishing’’ unless 

conducted pursuant to a sanctuary 

permit or, as discussed below, 

authorized under the MSA in the Outer 

Sanctuary Zone. The final rule adopts 

the definition of ‘‘non-commercial 

fishing’’ from the regulations for 

Fisheries in the Western Pacific, which 

is defined as ‘‘fishing that does not meet 

the definition of commercial fishing in 

the MSA, and includes, but is not 

limited to, sustenance, subsistence, 

traditional indigenous, and recreational 

fishing.’’ 50 CFR 665.12. 

The final rule also provides that 

‘‘possessing non-commercial fishing 

gear except when stowed and not 

available for immediate use’’ is 

prohibited unless conducted pursuant 

to a sanctuary permit or, as discussed 

below, authorized under the MSA in the 

Outer Sanctuary Zone. Presidential 

Proclamation 8031 includes ‘‘possessing 

fishing gear,’’ as a regulated activity 

(allowed only with a permit) in PMNM. 

Presidential Proclamation 9478 

prohibits possessing commercial fishing 

gear. The final rule creates continuity 

between the two areas, and aims to 

prevent non-commercial gear from being 

utilized in an unauthorized manner that 

could lead to injury to sanctuary 

resources. 


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10. Prohibition on Drilling Into, 

Dredging, or Otherwise Altering the 

Submerged Lands; or Constructing, 

Placing, or Abandoning Any Structure, 

Material, or Other Matter on the 

Submerged Lands 

This activity is a regulated activity 

(i.e., allowed only with a permit) in 

PMNM under Presidential Proclamation 

8031. In the MEA, Presidential 

Proclamation 9478 prohibits this type of 

activity, except when conducted for the 

use of scientific instruments, which is 

allowed only with a permit, subject to 

such terms and conditions as the 

Secretaries deem appropriate. In the 

sanctuary, these activities are prohibited 

unless conducted pursuant to a 

sanctuary permit. In the Outer 

Sanctuary Zone, such a permit may only 

be issued for scientific instruments. 

11. Prohibition on Removing, Moving, 

Taking, Harvesting, Possessing, Injuring, 

Disturbing, or Damaging; or Attempting 

To Remove, Move, Take, Harvest, 

Possess, Injure, Disturb, or Damage Any 

Living or Nonliving Sanctuary Resource 

These activities are prohibited unless 

conducted pursuant to a sanctuary 

permit, consistent with the presidential 

proclamations establishing the 

Monument. 

12. Prohibition on Attracting Any Living 

Sanctuary Resource 

This activity is prohibited unless 

conducted pursuant to a sanctuary 

permit. This prohibition is consistent 

with a regulated activity identified in 

Presidential Proclamation 8031 for 

PMNM. This prohibition is new in the 

area of sanctuary that overlaps with the 

MEA. Prohibiting this activity is 

intended to address the potential for 

harassment and disturbance from 

human interactions with living 

sanctuary resources. 

13. Prohibition on Touching Coral, 

Living or Dead 

This activity is prohibited unless 

conducted pursuant to a sanctuary 

permit. This prohibition is consistent 

with a regulated activity (i.e., allowed 

only with a permit) identified in 

Presidential Proclamation 8031 for 

PMNM. This prohibition would be new 

for the area of sanctuary that overlaps 

with the MEA. However, prohibition 10 

(above) effectively includes this activity, 

as touching coral is considered a 

disturbance which may cause injury or 

damage. Therefore, regulating this 

activity in the Outer Sanctuary Zone is 

primarily a technical addition which 

provides clarity to the public and 

resource managers. 

14. Prohibition on Swimming, 

Snorkeling, or Closed or Open Circuit 

SCUBA Diving 

These activities are prohibited unless 

conducted pursuant to a sanctuary 

permit. This prohibition is consistent 

with a regulated activity identified in 

Presidential Proclamation 8031 for any 

Special Preservation Area or the 

Midway Atoll Special Management 

Area. This prohibition would be new for 

areas of PMNM that fall outside of any 

Special Preservation Area or the 

Midway Atoll Special Management 

Area, and for the MEA. Expanding this 

regulated activity to the entire area of 

the proposed sanctuary allows NOAA to 

ensure that all in-water activities are 

done in compliance with the permit 

findings criteria and requirements, and 

are consistent with the care and 

management of sanctuary resources. 

15. Prohibition on Discharging or 

Depositing Any Material or Other Matter 

Into the Sanctuary, or Discharging or 

Depositing Any Material or Other Matter 

Outside of the Sanctuary That 

Subsequently Enters the Sanctuary and 

Injures or Has the Potential To Injure 

Any Resources of the Sanctuary, With 

Exceptions 

These activities are prohibited unless 

conducted pursuant to a sanctuary 

permit. This prohibition is consistent 

with regulated activities identified in 

Presidential Proclamation 8031 for 

PMNM. The sanctuary regulations 

provide an exception to this activity, for 

‘‘discharge incidental to vessel 

operations such as approved marine 

sanitation device effluent, cooling 

water, and engine exhaust’’. Within 

Special Preservation Areas or the 

Midway Atoll Special Management 

Area, discharge is limited to ‘‘vessel 

engine cooling water, weather deck 

runoff, and vessel engine exhaust’’. The 

exceptions to this otherwise regulated 

activity must be conducted in 

accordance with other Federal statutes 

and regulations, such as section 312 of 

the Federal Water Pollution Control Act, 

as amended, (FWPCA), 33 U.S.C. 1321 

et seq. In addition, and consistent with 

exceptions identified in Presidential 

Proclamation 8031 for PMNM, the 

sanctuary regulations provide an 

exception for ‘‘fish, fish parts, or 

chumming materials (bait) used in or 

resulting from lawful fishing activity, 

provided that such discharge or deposit 

is during the conduct of lawful fishing 

activity within the sanctuary’’. 

While this prohibition is technically 

new for the area of the sanctuary that 

overlaps with the MEA, Presidential 

Proclamation 9478 effectively includes 

this activity. Regulating this activity for 

the Outer Sanctuary Zone provides 

clarity to the public and resource 

managers. Further, the prohibition on 

discharges within or into the sanctuary 

is provided in recognition that various 

substances can be discharged from 

vessels or from infrastructure or 

individuals along the shoreline that can 

harm sanctuary resources or qualities. 

Establishing a cohesive regulatory 

framework across the sanctuary would 

benefit sanctuary resources and 

sanctuary users. 

16. Prohibition on Anchoring a Vessel 

This activity is prohibited unless 

conducted pursuant to a sanctuary 

permit. While this activity may be 

permitted via a sanctuary permit, 

anchoring on living or dead coral may 

never be permitted, as noted above 

under prohibition 5. NOAA is regulating 

anchoring a vessel for consistency with 

a regulated activity identified in 

Presidential Proclamation 8031 for 

PMNM and because there is the 

potential for sanctuary resources, other 

than corals, to be impacted by 

anchoring. This prohibition is new for 

the area of the sanctuary that overlaps 

with the MEA. NOAA is including this 

prohibition on anchoring a vessel 

throughout the sanctuary to provide 

clarity to the public, resource managers, 

and enforcement personnel that all 

users of the sanctuary are subject to the 

same prohibition on anchoring a vessel 

unless conducted pursuant to a 

sanctuary permit. 

H. Exemptions for Emergencies 

Consistent with existing management 

of this area, the prohibitions for the 

sanctuary would not apply to any 

activity necessary to respond to 

emergencies that threaten life, property, 

or the environment, or to activities 

necessary for law enforcement purposes. 

I. U.S. Armed Forces Exemption 

Consistent with existing management 

of this area, NOAA provides a broad 

exemption to allow activities and 

exercises of the U.S. Armed Forces, 

including those carried out by the U.S. 

Coast Guard. NOAA recognizes that this 

broad exemption is necessary to ensure 

military readiness for the Department of 

Defense to conduct existing training, 

operations, and military readiness 

activities in the area of the sanctuary. 

The United States military has been able 

to maintain readiness and conduct 

training and other operations in other 

national marine sanctuaries based on 

similar broad exemptions. 

All activities and exercises of the 

Armed Forces shall be carried out in a 


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manner that avoids, to the extent 

practicable and consistent with 

operational requirements, adverse 

impacts on sanctuary resources and 

qualities. For any actions of the Armed 

Forces that are likely to destroy, cause 

the loss of, or injure sanctuary 

resources, the Armed Forces must 

comply with the Interagency 

Cooperation requirements outlined in 

section 304(d) of the NMSA, regardless 

of whether those actions are exempted 

from the sanctuary’s prohibitions. 

J. Exemption for Non-Commercial 

Fishing 

NOAA exempts non-commercial 

fishing authorized under the MSA in the 

Outer Sanctuary Zone from needing a 

sanctuary permit for certain regulated 

activities provided under paragraph 

(a)(9) through (12), and (a)(14) in the 

final rule, provided that certain 

requirements are satisfied. Those 

requirements are that the fish harvested, 

either in whole or in part: (1) are not 

intended to enter commerce and shall 

not enter commerce through sale, barter, 

or trade, and that the resource is 

managed sustainably; and (2) are not 

intended to be sold and shall not be sold 

for any purposes, including, but not 

limited to, cost-recovery. 

In addition, the exempted activities 

under paragraph (a)(9) through (12), and 

(a)(14) must only be conducted as 

incidental to and necessary to conduct 

lawful non-commercial fishing activity. 

NOAA will prepare a separate proposed 

rule under the MSA, which shall serve 

as the primary mechanism for 

authorizing non-commercial fishing 

activities in the Outer Sanctuary Zone. 

NOAA will periodically evaluate the 

effect of non-commercial fishing 

activities on sanctuary resources. Such 

evaluations would take into 

consideration the best scientific 

information available and evaluate 

whether additional actions are 

necessary for the proper care and 

management of sanctuary resources, 

including fishery resources, consistent 

with goals and objectives of the 

sanctuary. This exemption only applies 

to the Outer Sanctuary Zone. 

K. Sanctuary Permit Procedures and 

Criteria 

1. Sanctuary General Permits 

NOAA provides the authority to issue 

sanctuary general permits to allow 

certain activities that would otherwise 

violate prohibitions in paragraphs (a)(9) 

through (15). The sanctuary permitting 

system was developed to allow for 

integration with the Monument 

permitting system, to ensure a 

continued joint permitting system 

administered by Monument comanagers. NOAA may, in cooperation 

with the Monument co-trustees, modify 

the existing memorandum of agreement 

or develop a new memorandum of 

agreement to add further clarification on 

joint permitting. 

National marine sanctuary programwide regulations at 15 CFR 922.30 

describe various purposes for which a 

sanctuary general permit can be issued. 

Three of these which would apply to 

this sanctuary are: 

• Research—activities that constitute 

scientific research or scientific 

monitoring of a national marine 

sanctuary resource or quality; 

• Education—activities that enhance 

public awareness, understanding, or 

appreciation of a national marine 

sanctuary or national marine sanctuary 

resource or quality; and 

• Management—activities that assist 

in managing a national marine 

sanctuary. 

NOAA adds two additional permit 

categories to 15 CFR 922.30 under 

which a sanctuary general permit could 

be issued in the sanctuary: 

• Native Hawaiian Practices— 

activities that allow for Native Hawaiian 

practices within the sanctuary; and 

• Recreation—recreational activities 

within the sanctuary, but limited to the 

Midway Atoll Special Management 

Area. 

The Native Hawaiian Practices 

general permit category is consistent 

with the types of activities permitted for 

the PMNM. Presidential Proclamation 

9478 provided Native Hawaiian 

practices as a regulated activity. For 

consistency in management across the 

proposed sanctuary, and to protect 

sanctuary resources while facilitating 

responsible user access, NOAA would 

apply this general permit category 

across the sanctuary. 

The Recreation general permit 

category is consistent with the types of 

activities permitted for PMNM, 

specifically within the Midway Atoll 

Special Management Area. For 

consistency with existing Monument 

management, this general permit 

category would continue to be limited to 

recreational activities within the 

Midway Atoll Special Management 

Area. 

The general regulations in 15 CFR 

part 922, subpart D relating to the 

permit application process, review 

procedures, amendments, and other 

permitting stipulations would apply. 

These national permitting regulations 

include a list of factors NOAA considers 

in deciding whether or not to issue the 

permit, such as whether the activity 

must be conducted within the 

sanctuary, and whether the activity will 

be compatible with the primary 

objective of protection of sanctuary 

resources and qualities. NOAA will be 

able to impose specific terms and 

conditions through a permit as 

appropriate. The general regulations’ 

permitting review criteria is largely 

consistent with the permitting findings 

established by Presidential 

Proclamation 8031 for PMNM, and 

implemented through 50 CFR 404.11. 

In addition to permit review 

procedures and evaluation criteria in 15 

CFR 922.33, some additional permit 

review criteria apply in the sanctuary, 

including additional criteria specific to 

Native Hawaiian Practices permits and 

Recreation permits. NOAA is providing 

these additional permit criteria in 15 

CFR 922.245 to be consistent with the 

permit criteria for PMNM. 

2. Special Use Permits 

NOAA has the authority to issue 

special use permits (SUPs) in national 

marine sanctuaries, as established by 

section 310 of the NMSA (16 U.S.C. 

1441) and by 15 CFR 922 subpart D. 

SUPs can be used to authorize specific 

activities in a sanctuary if such 

authorization is necessary to establish 

conditions of access to, and use of, any 

sanctuary resource or to promote public 

use and understanding of a sanctuary 

resource. Section 310 of the NMSA 

establishes four requirements for SUPs: 

(1) activities must be compatible with 

the purposes for which the sanctuary is 

designated and with protection of 

sanctuary resources; (2) SUPs shall not 

authorize the conduct of any activity for 

a period of more than five years unless 

otherwise renewed; (3) activities carried 

out under the SUP must be conducted 

in a manner that does not destroy, cause 

the loss of, or injure sanctuary 

resources; and (4) permittees are 

required to purchase and maintain 

comprehensive general liability 

insurance, or post an equivalent bond, 

against claims arising out of activities 

conducted under the SUP and to agree 

to hold the United States harmless 

against such claims. The NMSA 

authorizes NOAA to assess and collect 

fees for the conduct of any activity 

under a SUP, including costs incurred, 

or expected to be incurred, in issuing 

the permit and the fair market value use 

of sanctuary resources. Implementing 

regulations at 15 CFR 922.35 provide 

additional detail on assessment of fees 

for SUPs. Like with sanctuary general 

permits, NOAA can place conditions on 

SUPs specific to the activity being 

permitted. NOAA shall provide 

appropriate public notice before 


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identifying any category of activity 

subject to a special use permit. 

NOAA is not adding any new SUP 

category as part of this designation. In 

evaluating applications for special use 

permits, NOAA will consider all 

applicable permitting requirements, 

including permitting procedures and 

criteria under the Monument’s existing 

management framework. For example, 

certain activities may be subject to the 

requirements of special ocean use 

permits, as authorized by Presidential 

Proclamation 8031, and issued by 

Monument managers in the PMNM via 

50 CFR 404.11. Special ocean use 

permit requirements were modeled after 

the NMSA’s authority for SUPs, but also 

include a few additional requirements. 

For example, one of the requirements 

for special use permits outside Midway 

Atoll National Wildlife Refuge is that 

the activity does not involve the use of 

a commercial passenger vessel. For 

special use permits in Midway Atoll 

National Wildlife Refuge, an additional 

requirement is that the Director of the 

USFWS or their designee determines 

that the activity is compatible with the 

purposes for which the Midway Atoll 

National Wildlife Refuge was 

designated. 

3. Sustenance Fishing 

NOAA may authorize sustenance 

fishing outside of any Special 

Preservation Area as a term or condition 

of any sanctuary permit. Sustenance 

fishing in the Midway Atoll Special 

Management Area shall not be allowed 

unless the activity has been determined 

by the Director of the USFWS or their 

designee to be compatible with the 

purposes for which the Midway Atoll 

National Wildlife Refuge was 

established. Sustenance fishing is 

fishing for bottomfish or pelagic species 

in which all catch is consumed within 

the sanctuary. Sustenance Fishing is 

allowed incidental to an activity 

permitted in the PMNM under 

Presidential Proclamation 8031, and in 

regulations at 50 CFR part 404. 

Sustenance fishing was not specifically 

identified in Presidential Proclamation 

9478 governing the MEA, but is 

allowable, consistent with proper care 

and management of monument objects. 

For consistency in management and 

permitting, NOAA is allowing for this 

activity as a term or condition of a 

general permit or special use permit. 

L. Vessel Monitoring System 

To complement existing management 

and provide consistency across the 

entirety of the sanctuary, an owner or 

operator of a vessel that has been issued 

a general permit or special use permit 

under 15 CFR part 922 subpart D must 

ensure that such vessel has a NOAA 

Office of Law Enforcement (OLE)— 

approved Vessel Monitoring System 

(VMS) on board when operating within 

the sanctuary. Presidential Proclamation 

8031 requires an owner or operator of a 

vessel that has been issued a permit for 

accessing the PMNM to have an OLE— 

approved VMS on board. Such a 

requirement was not included in 

Presidential Proclamation 9478. For 

consistency in permitting, and for the 

reasons identified below, NOAA 

implements this requirement across the 

sanctuary. 

This requirement supports monitoring 

and surveillance, enforcement, and 

other incidental uses, consistent with 

the long-standing history of using vessel 

monitoring systems in the remote and 

vast area of the sanctuary, beginning 

with Executive Order 13178 in 2000. In 

directing the Secretary of Commerce to 

manage the Northwestern Hawaiian 

Islands Coral Reef Ecosystem Reserve, 

section 5(b) of Executive Order 13178, 

indicated that priority management 

issues and actions must include 

enforcement and surveillance, including 

the use of new technologies, as well as 

the use of vessel monitoring systems, if 

warranted. The 2005 Final Reserve 

Operations Plan included an 

Enforcement Action Plan with strategies 

to investigate innovative technology that 

would be effective for enforcement and 

surveillance activities within this large, 

remote area, as well as to implement 

VMS. 

In 2006, Presidential Proclamation 

8031, as noted above, required an OLEapproved VMS on vessels with permits 

to access the PMNM. VMS is currently 

being used in the PMNM and is part of 

the Monument Management Plan’s 

Enforcement Action Plan. The 

Monument Management Plan 

highlights, as an example, that when the 

85-foot longliner Swordman I, carrying 

more than 6,000 gallons of diesel fuel 

and hydraulic oil, ran aground at Pearl 

and Hermes Reef in 2000, vessel 

monitoring system technology allowed 

agents to track the disaster and quickly 

send out equipment for an extensive 

cleanup. Further, the Monument 

Management Plan recognizes that the 

Monument’s remote location presents 

unique surveillance and enforcement 

challenges, which a mandatory vessel 

monitoring system is critical to 

addressing. 

In designating a sanctuary in the 

remote and vast area of the Monument 

and Northwestern Hawaiian Islands 

Coral Reef Ecosystem Reserve, NOAA 

recognizes the need to overcome these 

natural barriers to surveillance and 

enforcement through the use of VMS. 

M. Scientific Exploration and Research 

by the Department of Commerce and the 

Department of the Interior 

Presidential Proclamation 9478, 

which designated the MEA, stipulates 

that the prohibitions required by the 

proclamation ‘‘shall not restrict 

scientific exploration or research 

activities by or for the Secretaries and 

nothing in this proclamation shall be 

construed to require a permit or other 

authorization from the other Secretary 

for their respective scientific activities.’’ 

Presidential Proclamation 9478 further 

highlights the significant scientific 

value of the MEA and underscores the 

opportunities for research and discovery 

to occur in that area, including 

understanding the impacts of climate 

change on deep-sea communities and 

identifying new species. NOAA exempts 

the Department of Commerce’s and 

Department of the Interior’s scientific 

exploration or research activities from 

the sanctuary’s prohibitions and 

permitting requirements within the 

Outer Sanctuary Zone to be consistent 

with Presidential Proclamation 9478. 

However, such activities must still 

comply with other Federal laws such as 

the NEPA, the Endangered Species Act, 

the National Marine Sanctuaries Act 

section 304(d), and the Marine Mammal 

Protection Act. 

N. Sunken Military Craft 

NOAA is also adding language 

regarding the Sunken Military Craft Act 

of 2004 (SMCA; Pub. L. 108–375, Title 

XIV, sections 1401 to 1408; 10 U.S.C. 

113 note) that acknowledges that 

sunken military craft in the sanctuary 

will continue to be administered by the 

respective Secretary concerned pursuant 

to the SMCA. NOAA will enter into a 

Memorandum of Agreement with the 

appropriate agencies regarding 

collaboration on implementing the 

SMCA. See section VI.H for more 

information. 

O. Emergency Regulations 

NOAA is not including any sanctuaryspecific regulation to allow for 

development of emergency regulations 

to address urgent threats to sanctuary 

resources. Rather, the emergency 

regulation provision included in the 

regulations of general applicability, 

which apply to all national marine 

sanctuaries (see 15 CFR 922.7), would 

also apply to Papaha ̄naumokua ̄kea 

National Marine Sanctuary. Emergency 

regulations are used when there is an 

imminent risk to sanctuary resources 

and a temporary regulation or 


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prohibition is necessary to prevent or 

minimize the destruction or loss of 

those resources, or otherwise minimize 

the imminent risk of such destruction, 

loss, or injury. 

P. Other Conforming Amendments 

The regulations related to National 

Marine Sanctuary Permitting, 15 CFR 

part 922, subpart D, are amended so that 

the regulations are accurate and up-todate. The modified sections to conform 

to adding a new sanctuary are as 

follows: 

• Section 922.30 National Marine 

Sanctuary general permits; 

• Section 922.33 Review procedures 

and evaluation; and 

• Section 922.37 Appeals of 

permitting decisions. 

Notably, NOAA amends 15 CFR 

922.37 ‘‘Appeals of permitting 

decisions,’’ to reflect that the general 

appeals process for sanctuary permits 

will not apply to permit applications for 

the sanctuary. Consistent with the 

current interagency permitting system 

that has been in place for the 

Monument, there would be no appeals 

process for the sanctuary. Should a 

permit applicant want NOAA and the 

other agencies to reconsider a 

permitting decision, they would need to 

file a new permit application. 

V. Response to Comments 

All comments were considered by 

NOAA and the State and, where 

appropriate, modifications were made to 

the final EIS, sanctuary management 

plan, and sanctuary rule. NOAA and the 

State’s responses to comments address 

significant issues and concerns raised 

by members of the public, government 

agencies, stakeholder groups, non-profit 

organizations, and Ka ̄naka 1O ̄ iwi 

community groups. For a full scope of 

all of the comments received on the 

draft designation documents, including 

the draft EIS and the draft management 

plan, and their responses, please review 

the final EIS Appendix K. This final rule 

includes NOAA’s responses to 

comments that address the significant 

issues raised in public comments within 

the scope of the proposed rule 

specifically, and offer additional 

information about why certain changes 

were made to the rule, the terms of 

designation, or the regulations. The final 

rule retains the numbering/naming of 

the comment from the final EIS 

Appendix K so readers can track the 

comments that have been included in 

this preamble and more efficiently find 

other related comments/responses in the 

Appendix K that have not been 

included in this preamble. As such, 

cross-references have been retained here 

for completeness. 

1. A–1 Comment: The majority of 

comments NOAA received supported 

the proposed sanctuary designation, 

including Alternative 1 (NOAA’s 

Preferred Alternative), and encouraged 

NOAA to proceed with the designation 

process. Commenters who support the 

designation cited reasons including: 

• Additional regulations, protections, 

enforcement, and programmatic and 

legal benefits for Papaha ̄naumokua ̄kea 

under the National Marine Sanctuaries 

Act; 

• Enhancing long-term protections for 

biological, cultural, and historical 

resources; 

• Comprehensive and coordinated 

management of the marine areas of 

Papaha ̄naumokua ̄kea; 

• Preserving Native Hawaiian culture, 

traditional practices, sacredness of 

waters, and connections to place for 

current and future generations; 

• Safeguarding marine biodiversity; 

coral reefs, pelagic, and deep-ocean 

ecosystems; and endemic, threatened, 

and endangered species; 

• Regulating, mitigating, or 

preventing threats such as invasive 

species, overfishing, illegal fishing, 

deep-sea mining, military activities, 

pollution, oil spills, marine debris, 

erosion, and climate change; 

• Additional sources of funding to 

support operations, research, emergency 

response, citizen science, education, 

and outreach; and 

• Opportunities for recreation and 

tourism; 

Response: NOAA agrees that these are 

some of the main benefits of designating 

the marine areas of the Monument as a 

national marine sanctuary. NOAA notes 

that many of these comments 

specifically indicate a preference for 

Alternative 1, and NOAA has 

considered this in carrying Alternative 1 

forward in the final EIS as the Final 

Agency-Preferred Alternative. 

2. A–2 Comment: A minority of 

commenters expressed opposition to 

sanctuary designation, citing concerns 

that designating a sanctuary: 

• Is an overreach by the Federal 

government; 

• Is an act of colonialism and/or 

infringes on the rights of Indigenous 

peoples; 

• Would come at a cost to Native 

Hawaiian, American Samoan, and/or 

Pacific Islander well-being, including 

loss of the ability to practice cultural 

traditions and connections to ocean 

resources; 

• Would limit access to the ocean and 

resources for food, livelihood, and 

cultural sustenance, and limit 

Indigenous rights and their ability to 

freely fish in local waters; 

• Would decrease the amount of 

fishing waters across the Pacific; 

• Would lead to overfishing; 

• Adds unnecessary layers of 

bureaucracy, as the existing Monument 

management and protections are 

extensive and sufficient for the area, and 

that if new protections/management is 

needed, these should be enacted 

through the Monument; 

• Would relinquish the Monument 

title and co-management framework; 

• Would weaken current protections, 

and allow the Department of Commerce 

to violate protections, opening the doors 

to deep-sea mining and recreational 

tourism, and taking away human and 

financial resources needed to manage 

the area; and 

• Would be redundant of current 

management of the Monument, and 

therefore unnecessary. Some 

commenters also expressed that they felt 

current Monument management to be 

poor, or that current management 

capacity is lacking; and that a sanctuary 

would not improve this. 

Response: Through the public 

sanctuary designation process, and from 

public input received during scoping 

and the proposed designation stage, 

NOAA has determined that this action 

responds to the need to address threats 

to and discrepancies in management of 

nationally significant resources. NOAA 

has also determined that the current 

management regime will benefit from 

additional regulatory tools, as well as 

the first set of implementing regulations 

for the MEA. Chapter 2 of the final EIS 

and Section I.B of the final rule 

preamble describes the purpose and 

need for the sanctuary. 

NOAA respects the views of the 

commenters, including those who 

expressed concern that sanctuary 

designation is an overreach by the 

Federal government; is an act of 

colonialism; would impact the 

livelihood of Pacific Islanders and/or 

limit Indigenous rights. NOAA seeks to 

support the rights of Ka ̄naka 1O ̄ iwi and 

Pacific Islanders, and to support 

biocultural conservation and restoration 

work by growing collective kuleana and 

affirming respect and reciprocity for the 

place and people. The sanctuary 

management plan (final EIS Appendix 

A) objectives include managing the area 

as a sacred site consistent with Ka ̄naka 

1O ̄ iwi traditional knowledge, 

management concepts, and principles 

articulated within Mai Ka Po ̄ Mai. 

Ka ̄naka 1O ̄ iwi culture is foundational in 

the co-management legacy of 

Papaha ̄naumokua ̄kea (see final EIS, 

sections 1.2.4 and 4.5.1), and the 


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designation aims to ensure ecological 

integrity and achieve strong, long-term 

protection and perpetuation of 

Northwestern Hawaiian Island 

ecosystems, Ka ̄naka 1O ̄ iwi culture, and 

maritime heritage resources for current 

and future generations. Native Hawaiian 

access will continue under sanctuary 

designation. See also the responses to 

comments C.1, C.2, and E.7. 

Regarding commenters who expressed 

concerns with the impact of sanctuary 

designation on the existing Monument, 

existing regulations, and or existing 

management of the area, see also the 

responses to E.1 and E.2. Regarding 

commenters who expressed concerns 

with the impact of sanctuary 

designation on fishing, see also the 

comments D.1, D.3, and D.5. NOAA also 

recognizes that some comments raise 

concerns that are outside the scope of 

this designation, including the ongoing 

process to designate a proposed national 

marine sanctuary in the Pacific Remote 

Islands. The underlying concerns of 

these comments were still considered in 

the context of Papaha ̄naumokua ̄kea 

National Marine Sanctuary. Detailed 

responses to specific points of concern 

and opposition are addressed in the 

subsequent responses. 

3. B–1 Comment: Commenters 

expressed opposition to for-profit 

activities in the sanctuary. One 

commenter recommended that no 

human activity should be allowed in the 

sanctuary. 

Response: The sanctuary regulations 

were drafted to supplement and 

complement existing management of the 

area. The existing Monument 

management regime allows for some forprofit activities such as professional 

film-making, and activities such as 

wildlife management, research, and 

Native Hawaiian practices. All are 

subject to permitting requirements. 

Consistent with the existing 

management of the area, NOAA will 

allow for regulated access to the 

sanctuary for these types of activities. 

As in the Monument, in order to receive 

a permit for a regulated activity, a 

number of findings criteria need to be 

met, including that the proposed 

activity is conducted consistent with the 

primary objective of protection of 

sanctuary resources. 

4. B–2 Comment: Commenters 

expressed concern regarding access to 

Papaha ̄naumokua ̄kea, noting that the 

area can currently only be experienced 

by a select group of scientists, Native 

Hawaiian cultural practitioners, and 

wealthy individuals. 

Response: The sanctuary regulations 

and permit categories were drafted to 

supplement and complement existing 

management of the area. Consistent with 

the presidential proclamations 

designating the PMNM and MEA, and 

the Monument implementing 

regulations at 50 CFR part 404, NOAA 

will allow for regulated access. Anyone 

may apply for a permit to access the 

sanctuary. There are six categories of 

permitted activities: research, 

recreation, education, Native Hawaiian 

practices, conservation and 

management, and special use. In 

addition, a vessel may pass without 

interruption through the sanctuary 

without requiring a permit as long as the 

vessel does not stop or engage in 

prohibited activities within the 

sanctuary. 

Additionally, the sanctuary 

management plan describes strategies to 

engage and support diverse 

communities who care for 

Papaha ̄naumokua ̄kea, including 

Indigenous and underserved 

communities. NOAA recognizes the 

constraints imposed by the vastness and 

remote nature of the proposed sanctuary 

(nearly 300 miles at its closest point 

from the main Hawaiian Islands), and 

therefore strives to provide education 

and outreach that brings the place to the 

people. Through the Mokupa ̄papa 

Discovery Center and collaborations 

with other interpretive centers, 

organizations, business agencies, and 

others, NOAA has expanded a network 

serving both local, regional, and 

international audiences. 

5. B–3 Comment: Commenters 

provided recommendations that permits 

be easy to acquire through a streamlined 

process to minimize barriers and reduce 

redundant reviews under various 

authorities and regulations. One 

commenter suggested that the process to 

acquire a sanctuary or Monument 

Native Hawaiian practices permit, 

specifically, should be prioritized and 

streamlined. 

Response: The Monument joint 

permitting process has been in place 

and permits have been issued by the cotrustees since 2007. The sanctuary 

includes a permitting system modeled 

after the existing Monument permitting 

system, and was developed to allow for 

integration with the Monument 

permitting system, to ensure continued 

joint permitting administered by 

Monument co-trustees. See final EIS 

Section 3.3.1 for an updated description 

of the permitting process. Through 

sanctuary designation, NOAA strives to 

conduct seamless, integrated 

management, such that sanctuary 

permits, including Native Hawaiian 

practices permits, will go through the 

same streamlined process as currently 

exists for the Monument. 

6. B–4 Comment: Commenters 

expressed concerns regarding activities 

that take place in the Northwestern 

Hawaiian Islands under claims of 

innocent passage, and requested that all 

activities in the area of the proposed 

sanctuary comply with the United 

Nations Convention on the Law of the 

Sea, which the U.S. recognizes as 

customary international law, and 

applicable international treaties. 

Response: In the preamble of the 

proposed rule, NOAA specified that the 

proposed access and ship reporting 

regulations would be applied in 

accordance with generally recognized 

principles of international law, in 

accordance with sections 305(a) and 

307(k) of the NMSA and the NMSA 

Regulations of General Applicability at 

15 CFR 922.1(b). That is, no regulation 

shall apply to or be enforced against a 

person who is not a citizen, national, or 

resident alien of the United States 

unless in accordance with generally 

recognized principles of international 

law. In accordance with 15 CFR 

922.1(b), NOAA has long interpreted the 

text of NMSA Section 305(a) as 

encompassing international law, 

including customary international law. 

In the preamble of this final rule, 

NOAA has clarified its intention that all 

regulations will be applied in 

accordance with generally recognized 

principles of international law, as well 

as in accordance with treaties, 

conventions, and other agreements to 

which the United States is a party. 

7. B–5 Comment: A commenter 

provided a recommendation that the 

IMO’s designation of the Monument as 

a PSSA apply to the MEA. The 

commenter also recommended that 

NOAA should determine, as part of the 

sanctuary designation process, if 

additional regulatory and management 

controls are necessary. 

Response: The IMO process for 

designating an area as a PSSA is outside 

the scope of this action. If the U.S. 

Government determines at a future time 

that designation of some or all of the 

Monument as a PSSA is warranted, the 

IMO process would remain available. 

Through sanctuary designation, NOAA 

will implement the ship reporting 

system (CORAL SHIPREP), which was 

adopted by the IMO as an associated 

protective measure to the designation of 

the Monument as a PSSA. The ship 

reporting system’s reporting area 

extends outward 10 nautical miles from 

the PSSA boundary, as designated by 

the IMO, and therefore includes some 

portions of the MEA waters. After 

thorough analysis, NOAA concluded 

that additional regulatory measures are 

not necessary at this time, beyond the 


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sanctuary regulations for ship reporting, 

access, and prohibited or otherwise 

regulated activities. Section IV.F of this 

final rule preamble provides details of 

the ship reporting system. 

8. B–6 Comment: Commenters 

expressed support for access for 

recreational activities, including 

snorkeling and scuba diving; and 

allowing opportunities for the public to 

interact with Papaha ̄naumokua ̄kea in a 

safe and responsible manner. 

Commenters stated that allowing access 

for recreational activities may lead to 

increased awareness and support for the 

National Marine Sanctuary System. 

Commenters also provided 

recommendations for regulating 

recreational activities. 

Other commenters expressed concern 

for the potential negative impacts to 

resources from allowing visitation, 

recreation, and tourism activities in the 

sanctuary, specifically Midway Atoll. A 

few commenters opposed recreational 

access to the sanctuary, noting that 

access should be limited to research and 

conservation activities and/or to the 

Midway Atoll Special Management 

Area. 

Response: For the sanctuary, 

consistent with existing regulations for 

PMNM, recreational activity will be 

defined as activities conducted for 

personal enjoyment that do not result in 

the extraction of sanctuary resources 

and that do not involve a fee-for-service 

transaction. This includes, but is not 

limited to, wildlife viewing, scuba 

diving, snorkeling, and boating. 

Recreation can provide significant 

educational opportunities, build 

constituencies, and provide assistance 

to natural resource managers. However, 

these activities can also lead to wildlife 

disturbance, habitat degradation, and 

pollution. It is a goal of the Monument 

to prevent, avoid, or minimize negative 

human impacts associated with 

recreation by allowing access only for 

those activities that do not threaten the 

natural character or biological integrity 

of the Monument or Native Hawaiian 

cultural, historic, or maritime heritage 

resources. 

Midway Atoll Special Management 

Area is the only area of the Monument 

where recreational activities are 

permitted. Thus, while the sanctuary 

will allow for recreational activities via 

a permit, permits will only be issued for 

the Midway Atoll Special Management 

Area within the sanctuary, in 

coordination with the Monument 

Management Board and consistent with 

permitting for the existing Monument. 

Consistent with permit criteria for 

recreational activities within the 

Monument, recreation permits will not 

be issued for activities associated with 

any for-hire operation or for activities 

that involve extractive use. 

9. B–7 Comment: Commenters 

expressed support for allowing a fee-forservice transaction for public visitation 

and recreational activities at Midway 

Atoll National Wildlife Refuge, and 

pointed out the existing authority of the 

USFWS to charge fees for public 

visitation. Commenters requested that 

the EIS recognize the authority of the 

USFWS to charge fees for services. 

Response: Consistent with existing 

permit criteria and regulations for 

recreational activities within the 

Monument, recreation permits will not 

be issued for activities associated with 

any for-hire operation, and recreational 

activities are defined as activities 

conducted for personal enjoyment that 

do not result in the extraction of 

sanctuary resources and that do not 

involve a fee-for-service transaction. 

However, NOAA acknowledges that the 

USFWS has the authority to charge fees 

for services including public visitation 

(50 CFR part 25 Subpart E; Refuge Rules 

and Policies). Sanctuary designation 

will not change this authority, and the 

USFWS will still be able to charge fees 

for services, including public visitation 

to Midway Atoll. See also the response 

to E.3. 

The EIS has been revised to 

acknowledge that the USFWS has the 

authority to charge fees for services 

including public visitation. See sections 

3.2 and 4.6.2 of the final EIS. 

10. B–8 Comment: Commenters 

requested that the USFWS consider a 

visitation program at Midway Atoll; 

and/or expressed support for recreation 

and visitation to Midway Atoll. 

Comments also requested that the final 

EIS describe the sanctuary permit 

process for public visitation and 

recreational activities at Midway Atoll 

National Wildlife Refuge. 

Response: A visitation program to 

Midway Atoll is outside the scope of 

this action. NOAA will share these 

comments with the USFWS, a 

cooperating agency for this action, who 

has operated a Visitor Services Program 

for Midway Atoll. The USFWS’ Midway 

Atoll Comprehensive Master Plan (2022) 

affirms the goals, objectives, and 

strategies of the previous 2008 Midway 

Atoll Visitor Services Plan, and USFWS’ 

intent to implement a Visitor Services 

Program. 

11. B–9 Comment: A commenter 

suggested that standards for permitting 

should be strengthened significantly, 

prioritizing Native Hawaiian practices 

without opening the door to other types 

of activities. 

Response: Consistent with the 

presidential proclamations designating 

PMNM and the MEA, and PMNM 

implementing regulations at 50 CFR part 

404, NOAA will allow for regulated 

access to the sanctuary. The sanctuary 

regulations include a permitting system 

modeled after the existing Monument 

permitting system, which was 

developed to allow for integration with 

the Monument permitting system to 

ensure continued joint permitting 

administered by the Monument 

Management Board (MMB). The final 

rule adopts the same permit criteria as 

currently required for Monument 

permits, including the additional 

criteria for Native Hawaiian practices 

and recreation permits. For additional 

information regarding Native Hawaiian 

practices permitting, see the responses 

to B.14 and C.1. 

12. B–10 Comment: Commenters 

recommended that NOAA hold 

mandatory public hearings for all permit 

applications, that there should be a 

permanent public record for all permits 

granted, and that there should be no 

multiple-year permits allowed. 

Response: The sanctuary regulations 

include a permitting system modeled 

after the existing Monument permitting 

system, and was developed to allow for 

integration with the Monument 

permitting system to ensure continued 

joint permitting administered by MMB. 

Therefore, NOAA intends to continue 

with the existing public notification 

process for the Monument, which does 

not include mandatory public hearings 

for all permit applicants. Instead, the 

existing permit system for the 

Monument includes a Permit 

Application Unified Public Notification 

Policy to engage and inform the public 

of activities proposed to occur within 

the Monument. Posting of a permit 

application does not equate to permit 

approval. After posting, each 

application is thoroughly reviewed by 

the MMB. Final permitted activities may 

differ from the proposed activities. 

Some of the public notification practices 

for the existing Monument include: 

• Within 10 calendar days of receipt 

of an application, a summary of an 

applicant’s proposed activities is posted 

for public viewing. 

• Within 40 calendar days of receipt 

of an application, a full permit 

application is posted for public viewing. 

• Permit applications that include 

proposed activities within the 

Northwestern Hawaiian Islands State 

Marine Refuge are also posted to the 

Board of Land and Natural Resources 

(BLNR) website for seven days prior to 

the scheduled BLNR meeting as part of 

the overall BLNR submittal process. The 


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BLNR hearings and review process are 

open to the public. 

All information provided in the 

application is reviewed by the 

Monument co-trustees to evaluate the 

potential benefits of the activity, 

determine whether the proposed 

methods will achieve the proposed 

results, evaluate any possible 

detrimental environmental impacts, and 

determine if issuance of a permit is 

appropriate. Factored in is a 

consideration of whether the timeframe 

of the proposed action is appropriate. 

Actions occurring within State waters 

are subject to a maximum permit 

duration of one year, while multi-year 

permits may only be issued outside of 

State waters. Therefore, consistent with 

existing management, multi-year 

permits may be granted in areas of the 

sanctuary that do not overlap with state 

waters. 

Additionally, permits granted are 

documented within an annual permitted 

activities report, published by the 

Monument. Reports for previous years 

may be viewed on the Permitted 

Activities Annual Reports website. 

13. B–11 Comment: Commenters 

recommended that independent 

cumulative impact assessments be 

required for all permit applications. 

Response: Permit decisions are 

Federal actions which are subject to 

NEPA, 42 U.S.C. 4321 et seq. In 

accordance with NEPA, NOAA 

considers possible cumulative 

environmental impacts when 

considering Federal actions, including a 

decision of whether to issue a permit. 

14. B–12 Comment: Commenters 

expressed concern that a special use 

permit would introduce commercial 

activities. 

Response: In the Monument, some 

forms of commercial activity are 

currently permitted under special ocean 

use permits. The existing regulations at 

50 CFR 404 for PMNM include permit 

criteria and regulations for special ocean 

use, which means an activity or use of 

the Monument that is engaged in to 

generate revenue or profits for one or 

more of the persons associated with the 

activity or use, and does not destroy, 

cause the loss of, or injure Monument 

resources. This includes ocean-based 

ecotourism and other activities such as 

educational and research activities that 

are engaged in to generate revenue, but 

does not include commercial fishing. 

Likewise, before issuing a SUP in the 

sanctuary, NOAA will also ensure, 

among other things, that the requested 

activity is compatible with the purposes 

for which the sanctuary is designated 

and with protection of sanctuary 

resources, and is conducted in a manner 

that does not destroy, cause the loss of, 

or injure sanctuary resources (16 U.S.C. 

1441(c)). NOAA can place conditions on 

SUPs specific to the activity being 

permitted. Individual permit 

applications that would require a SUP 

are also reviewed with respect to all 

other pertinent regulations and statutes, 

including NEPA (42 U.S.C. 4321 et seq.), 

and any required consultations, permits, 

or authorizations. Accordingly, there are 

sufficient safeguards in place for any 

activity proposed for a SUP in the 

sanctuary, whether of a commercial or 

non-commercial nature. 

In addition, NOAA is not proposing 

any new SUP categories as part of this 

designation. In order to do so, NOAA 

would be required to provide 

appropriate public notice before 

identifying a new category of activity 

subject to a SUP (16 U.S.C. 1441(b)). 

15. B–13 Comment: Commenters 

asked why the sanctuary permit would 

not allow for appeals of permit 

decisions. 

Response: The permitting system for 

the sanctuary is modeled after the 

existing Monument permitting system. 

The permitting system would not 

supplant the joint permitting system for 

the Monument, and was developed to 

ensure a continued joint permitting 

system administered by the MMB. The 

existing permit system for the 

Monument does not include a process to 

appeal a permit decision. Instead, a 

permit applicant may seek 

reconsideration of a permitting decision 

by filing a new permit application that 

redresses the issue(s) in the initial 

application that caused the denial. To 

ensure consistency with the existing 

permit system for the Monument, the 

National Marine Sanctuary Program 

regulations at 15 CFR 922.37 for appeals 

of permitting decisions will not apply to 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary. This will ensure that permit 

decisions are not made solely by NOAA, 

but in consideration with the other 

Monument co-trustees. See the final EIS, 

Section 3.3.1 and Section IV.P of this 

final rule for discussion of appeals of 

permitting decisions. 

16. B–14 Comment: A commenter 

stated that the proposed rule’s 

definition of ‘‘Native Hawaiian 

Practices’’ provides a solid foundation, 

but is concerned that ‘‘Native 

Hawaiian’’ is not defined. The 

commenter requested that the definition 

should narrowly reference indigenous 

practices and only those practices of the 

ka ̄naka maoli, who lived and thrived in 

Hawai1i prior to European and American 

arrival. 

Response: NOAA will not define 

‘‘Native Hawaiian’’ in the sanctuary 

regulations because the issuance of 

Native Hawaiian practices permit is 

based on evaluating the activity against 

the permit criteria. To be consistent 

with the types of activities permitted for 

the Monument, and allow for an 

integrated permit process, NOAA will 

issue Native Hawaiian practices permits 

based on the same permit review 

procedures and additional evaluation 

criteria as those used for the Monument: 

• The activity is non-commercial and 

will not involve the sale of any 

organism or material collected; 

• The purpose and intent of the 

activity is appropriate and deemed 

necessary by traditional standards in the 

Native Hawaiian culture (pono), and 

demonstrates an understanding of, and 

background in, the traditional practice 

and its associated values and protocols; 

• The activity benefits the resources 

of the Northwestern Hawaiian Islands 

and the Native Hawaiian community; 

• The activity supports or advances 

the perpetuation of traditional 

knowledge and ancestral connections of 

Native Hawaiians to the Northwestern 

Hawaiian Islands; and 

• Any living sanctuary resource 

harvested under this permit will be 

consumed or utilized in the sanctuary. 

The permitting system for the 

sanctuary is modeled after the existing 

Monument permitting system. The 

permitting system will not supplant the 

joint permitting system for the 

Monument, and was developed to 

ensure a continued joint permitting 

system administered by the MMB. The 

existing permit system for the 

Monument does not define Native 

Hawaiian, and instead provides a 

specific set of findings criteria for a 

Native Hawaiian practice permit. The 

criteria for the Monument Native 

Hawaiian practice permit were 

developed following a workshop in 

2004 facilitated by Kia1i Kai, a graduate 

program at the Kamakaku ̄okalani Center 

for Hawaiian Studies at the University 

of Hawai1i at Ma ̄noa, collecting input 

from Native Hawaiian cultural 

practitioners, fishermen, and others to 

create criteria for culturally-appropriate 

activities in Papaha ̄naumokua ̄kea. 

Presidential Proclamation 8031 

subsequently applied these criteria in 

providing for additional findings for 

Native Hawaiian practice permits, as 

did the Monument’s implementing 

regulations at 50 CFR part 404. 

However, while Native Hawaiian is 

not defined in the regulations, the final 

EIS, recognizes a definition for the term 

Native Hawaiian per existing Federal 

law as important background 

information for the reader. See also the 

response to C.8. 


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17. B–15 Comment: Commenters 

requested that wind turbine activity, in 

addition to mining and exploratory 

activities related to energy development, 

be prohibited. 

Response: Consistent with the 

presidential proclamations establishing 

the Monument, NOAA will prohibit 

exploring for, developing, or producing 

oil, gas, or minerals to protect sanctuary 

resources. NOAA will also prohibit 

‘‘any energy development activities’’ to 

further the underlying intent of the 

prohibition on oil, gas, and mineral 

development by accounting for 

technological advances in other forms of 

energy development. This includes, but 

is not limited to, wind turbines and 

exploratory mining activity. 

18. B–16 Comment: Commenters 

requested that submarine activity be 

prohibited, with several comments 

specifically requesting prohibitions on 

military submarine use. 

Response: Access to the sanctuary, 

and therefore submarine use within the 

sanctuary, would be prohibited and thus 

unlawful except under the following 

circumstances: for emergency response 

actions, law enforcement activities, and 

activities and exercises of the Armed 

Forces; pursuant to a sanctuary permit; 

when conducting scientific exploration 

or research activities by or for the 

Secretary of Commerce and/or the 

Secretary of the Interior in the Outer 

Sanctuary Zone; and when passing 

through the sanctuary without 

interruption. Further, all regulations 

will be applied in accordance with 

generally recognized principles of 

international law, as well as in 

accordance with treaties, conventions, 

and other agreements to which the 

United States is a party. No regulation 

shall apply to or be enforced against a 

person who is not a citizen, national, or 

resident alien of the United States 

(including foreign flag vessels) unless in 

accordance with international law, or 

applicable treaties, conventions, and 

other agreements. 

The sanctuary regulations allow 

activities and exercises of the U.S. 

Armed Forces. This is consistent with 

the existing management of the 

Monument, as both Presidential 

Proclamation 8031 and Presidential 

Proclamation 9478 provided broad 

exemptions for activities of the U.S. 

Armed Forces. However, all activities 

and exercises of the Armed Forces must 

be carried out in a manner that avoids, 

to the extent practicable and consistent 

with operational requirements, adverse 

impacts on sanctuary resources and 

qualities. 

19. B–17 Comment: Commenters 

expressed concern regarding the 

potential spread of invasive species and 

diseases from vessel transit and 

biofouling, and requests that the 

prohibition on introducing invasive 

species apply to all vessels, including 

those passing without interruption. 

Response: The sanctuary regulations 

will prohibit introducing or otherwise 

releasing an introduced species from 

within or into the sanctuary. The 

sanctuary regulations would also 

prohibit discharging or depositing any 

material or other matter into the 

sanctuary. These prohibitions are 

consistent with prohibitions identified 

in the presidential proclamations 

establishing the Monument. These 

prohibitions would apply to all vessels, 

including those passing without 

interruption. A vessel may only pass 

without interruption through the 

sanctuary without requiring a permit, as 

long as the vessel does not stop or 

engage in prohibited activities within 

the sanctuary. 

20. B–18 Comment: Commenters 

stated that the provisions of Presidential 

Proclamation 8031, 50 CFR 404, 

Executive Order 13178 for the 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve, and the State of 

Hawai‘i Northwestern Islands Marine 

Refuge should be applied to the 

sanctuary regulations for the Monument 

Expansion Area and the full sanctuary, 

and specifically the prohibitions 

regarding fishing. Commenters also 

stated that Presidential Proclamation 

9478 is too weak and provides 

‘‘loopholes.’’ 

Response: In drafting the sanctuary 

regulations, NOAA reviewed the 

executive orders, presidential 

proclamations, and regulations that 

currently guide Monument 

management. NOAA adopted the 

management measures from these 

benchmarks, and, in a few areas, added 

to those measures to allow for 

consistency in regulation and 

management across the sanctuary. The 

sanctuary regulations are largely 

consistent with Executive Order 13178, 

establishing the Northwestern Hawaiian 

Islands Coral Reef Ecosystem Reserve 

(Reserve). Where the sanctuary 

regulations do not align with Executive 

Order 13178, the regulations comply 

with other applicable law including 

Presidential Proclamations 8031 and 

9478 establishing PMNM and MEA, 

respectively, which succeeded the 2000 

executive order establishing the 

Reserve. For example, while Executive 

Order 13178 sets caps on commercial 

fishing, the sanctuary regulations 

prohibit commercial fishing across the 

sanctuary, consistent with the 

presidential proclamations. In addition, 

the MEA’s location outside the reserve, 

and other applicable law for that area 

such as Presidential Proclamation 9478, 

account for differences in management, 

including for non-commercial fishing. 

NOAA also considered that while the 

Monument is managed as a unit, several 

State and Federal conservation areas 

exist within it, where specific 

authorities apply. For example, the State 

of Hawai1i has primary responsibility for 

managing the State waters of the 

Monument, including the State of 

Hawai1i Northwestern Islands Marine 

Refuge. These existing authorities will 

still remain in effect. The State of 

Hawai1i also served as a cooperating 

agency for the EIS, allowing 

consideration and input into the draft 

documents. Further, as the sanctuary 

overlaps with State waters, the State 

will co-manage the sanctuary with 

NOAA, and the governor of Hawai1i will 

also review NOAA’s designation 

documents before the sanctuary 

designation is final. 

21. B–19 Comment: A commenter 

expressed support for the prohibition on 

altering the seabed by modification or 

placement of materials, except for 

scientific instruments, providing new 

protections for the limited and sensitive 

habitats of the Outer Sanctuary Zone. 

The commenter noted that access 

through permitting would allow 

managers to review methodologies and 

monitor permittees, and that while 

minimal user contact with the seafloor 

occurs or is anticipated in the Outer 

Sanctuary Zone, these resources are rare 

and extremely vulnerable to 

disturbance. 

Response: NOAA agrees. In the MEA, 

Presidential Proclamation 9478 

prohibits this type of activity, except for 

when conducted for the use of scientific 

instruments, which is allowed only with 

a permit, subject to such terms and 

conditions as the Secretaries of 

Commerce and Interior deem 

appropriate. Therefore, in the sanctuary, 

these activities are prohibited unless 

conducted pursuant to a sanctuary 

permit, and in the Outer Sanctuary 

Zone, such a permit may only be issued 

for scientific instruments. 

22. B–20 Comment: A commenter 

expressed concern for the prohibition 

on anchoring a vessel, noting that for 

safety reasons, there are some scenarios 

when a vessel should be able to anchor. 

Response: Anchoring a vessel is 

prohibited unless conducted pursuant 

to a sanctuary permit. While this 

activity may be permitted via a 

sanctuary permit, anchoring on living or 

dead coral may never be permitted. 

NOAA will regulate anchoring a vessel 

for consistency with a regulated activity 


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identified in Presidential Proclamation 

8031 for PMNM and because there is the 

potential for sanctuary resources, other 

than corals, to be impacted by 

anchoring. This prohibition is new for 

the area of the sanctuary that overlaps 

with the MEA. NOAA recognizes that 

there may be scenarios where anchoring 

a vessel is necessary for safety. 

Consistent with existing management of 

this area, the prohibitions for the 

sanctuary, including the prohibitions on 

anchoring, will not apply to any activity 

necessary to respond to emergencies 

that threaten life, property, or the 

environment, or to activities necessary 

for law enforcement purposes. 

23. B–21 Comment: Commenters 

expressed concerns regarding the 

sufficiency of enforcement in the 

sanctuary and the need for improved 

monitoring and enforcement to protect 

sanctuary resources. Some commenters 

specifically pointed out the need for 

increased monitoring of pollution to 

prevent entanglement of marine life. 

Suggestions and recommendations 

included improved or expanded 

monitoring and surveillance, use of 

technology to aid enforcement including 

Automatic Information Service and 

satellite monitoring, promulgation of 

strict regulations, dedicated funding, a 

risk assessment framework for 

vulnerable ecosystems, and increased 

collaboration with the National 

Environmental Satellite, Data, and 

Information Service and the State of 

Hawai1i for satellite management. 

Commenters also requested that 

enforcement be conducted by traditional 

vessels or new technologies to eliminate 

noise pollution that may impact marine 

life. 

Response: With sanctuary 

designation, the NMSA provides various 

regulatory tools and authorities for the 

protection of sanctuary resources. This 

includes the authority to conduct 

enforcement activities; assess civil 

penalties for violations of sanctuary 

regulations or permits; impose liability 

for destruction, loss of, or injury to 

sanctuary resources and provide natural 

resource damage assessment authorities 

for destruction, loss of, or injury to any 

sanctuary resource; and issue 

emergency response regulations. In 

addition, consistent with the existing 

management of the Monument, the 

sanctuary implements regulations 

requiring VMS units for an owner or 

operator of a vessel that has been issued 

a permit, as well as a ship reporting 

system for vessels that pass without 

interruption through the reporting areas. 

Both regulatory tools are intended to 

increase monitoring, in order to assist 

enforcement activities by the U.S. Coast 

Guard and NOAA’s Office of Law 

Enforcement and further the protection 

of sanctuary resources. Additionally, as 

described in the sanctuary management 

plan (final EIS, Appendix A), NOAA 

will continue to monitor ecosystems 

and seek out and develop new tools and 

technologies for resource protection and 

monitoring (Strategy 1.2, Strategy 2.2, 

Strategy 2.3); and to work with the 

existing interagency Law Enforcement 

Coordination Team to enhance 

communication and coordination 

among enforcement personnel in order 

to facilitate responses to incidents and 

uphold sanctuary regulations and 

policies (Strategy 1.9). 

NOAA will continue to actively work 

and advocate inside the ecosystem 

protection framework established for the 

Monument to minimize risks and 

damages to sanctuary resources. For 

example, ongoing research aims to 

identify derelict fishing gear and other 

marine debris through unique spectral 

signatures that can be visualized from 

space to record locations and provide 

that information back to partners for 

removal. This technology has the 

potential to greatly reduce the effort to 

locate these hazards so that they can be 

removed from the environment. Some 

broad risk assessment investigations 

have been conducted by the Monument 

co-trustees (e.g., the 

Papaha ̄naumokua ̄kea Marine National 

Monument Climate Change 

Vulnerability Analysis (2014)), however, 

much more remains to be done. 

Challenges include the vast geographic 

extent of ecosystems and seasonal 

access limitations. Conducting such 

assessments will require substantial 

time, as well as the participation of all 

Monument co-trustee agencies. 

Regarding reducing noise pollution 

from vessels to minimize wildlife 

disturbances, uncrewed surface vehicle 

(USV) technology is constantly 

improving and NOAA is exploring ways 

to utilize sail drones and other vessel 

systems in order to maintain a physical 

presence in sanctuary waters without 

having to dedicate staffed assets. These 

uncrewed platforms can utilize satellites 

to transmit location, vessel 

identification, and photographic 

evidence back to law enforcement 

officials in order to expand the 

geographic capacity of their limited 

resources. 

24. B–22 Comment: Commenters 

recommended harsh penalties for those 

who violate the regulations, including 

requests for permit violators to be 

banned from receiving future permits. 

Response: The NMSA authorizes 

NOAA to assess civil penalties for 

violations of provisions of the NMSA, 

including sanctuary regulations and 

permits. Each violation of the NMSA, 

any NMSA regulation, or any permit 

issued pursuant thereto, is subject to a 

civil penalty. Each day of a continuing 

violation constitutes a separate 

violation. The NMSA has a statutory 

maximum of $216,972 per violation, per 

the December 27, 2023 annual 

adjustment for inflation (see 88 Federal 

Register 89300). 

Additionally, the NMSA regulations 

provide a list of findings, in addition to 

site-specific permit review criteria, 

which must be made before issuing a 

permit, such as whether the activity will 

be compatible with the primary 

objective of protection of sanctuary 

resources and qualities. The NMSA 

regulations also provide for the denial of 

a permit application based on various 

determinations, including that the 

applicant has acted in violation of the 

terms and conditions of a permit in a 

sanctuary in which the proposed 

activity is to take place, or has acted in 

violation of any sanctuary regulation, or 

for other good cause. 

25. C–1 Comment: Commenters 

expressed support for Native Hawaiian 

rights, including statements that access 

to the sanctuary should be allowed for 

Native Hawaiians to connect with 

ancestors and 1a ̄ina and to perpetuate 

cultural practices based on pilina 

(relationships), kuleana 

(responsibilities), and genealogical 

connections to Papaha ̄naumokua ̄kea. 

This includes voyaging, which is vital 

for health, well-being, and in keeping 

Hawaiian culture and language alive. 

Commenters also stated that the 

allowance of Native Hawaiian 

traditional and customary practices 

should not be diminished or limited 

through sanctuary designation. 

Response: NOAA recognizes the 

importance of Native Hawaiians’ access 

to the sanctuary. Consistent with the 

presidential proclamations designating 

the Monument, NOAA will allow for 

regulated access to the sanctuary. 

Access will continue through a permit 

process. The sanctuary includes a 

permitting system modeled after the 

existing Monument permitting system, 

and was developed to allow for 

integration with the Monument 

permitting system, to ensure continued 

joint permitting administered by the 

MMB. The sanctuary has adopted the 

same permit criteria as currently 

required for the Monument, including 

for Native Hawaiian practices permits. 

See also the response to B.14. 

The criteria for the Monument Native 

Hawaiian practices permit were 

developed following a workshop in 

2004 facilitated by Kia1i Kai, a graduate 


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program at the Kamakaku ̄ okalani Center 

for Hawaiian Studies at the University 

of Hawai1i at Ma ̄noa, collecting input 

from Ka ̄naka 1O ̄ iwi cultural 

practitioners, fishermen, and others to 

create criteria for culturally-appropriate 

activities in Papaha ̄naumokua ̄kea. For 

more than 20 years, the 

Papaha ̄naumokua ̄kea Native Hawaiian 

Cultural Working Group (CWG) has 

provided guidance and advice. The 

CWG is a group of Ka ̄naka 1O ̄ iwi ku ̄puna 

(elders), researchers, cultural 

practitioners, educators, and community 

members that have deep connections 

and historical ties to 

Papaha ̄naumokua ̄kea through a living 

pilina (relationship), bound by 

genealogy, cultural protocols, and 

values building contemporary multidisciplinary research and practice. 

Although the group is not a formalized 

advisory body, the CWG and many of its 

members have been involved for over 

two decades since the establishment of 

the Northwestern Hawaiian Islands 

Coral Reef Ecosystem Reserve in 2000, 

and provide an important Ka ̄naka 1O ̄ iwi 

perspective that continues to inform 

Monument management. Since 2007, 

there have been 34 Native Hawaiian 

practices permits issued to perpetuate 

cultural practices ranging from 

traditional voyaging navigator 

apprenticeship and training, Hawaiianled archaeological and cultural resource 

research, integrated cultural and 

scientific ecosystem monitoring, 

resource gathering including bird 

feathers/bones, and subsistence 

harvesting of fish, algae, and 

invertebrates. The growing number of 

Native Hawaiian permits submitted and 

issued provides significant support for 

and interest in conducting Hawaiian 

cultural practices, with at least eight 

ongoing cultural initiatives occurring on 

27 separate expeditions. 

26. C–7 Comment: A commenter 

expressed concern that the findings of 

the Cultural Impact Assessment E Hoi I 

Ke Au A Kanaloa were not integrated in 

the draft EIS and the Western Pacific 

Regional Fishery Management Council’s 

(WPRFMC) draft fishing regulations. 

Response: Findings of the Cultural 

Impact Assessment E Hoi I Ke Au A 

Kanaloa relating to the sanctuary 

proposal were addressed in Section 

2.3.2, and more extensively in Chapter 

5, of the draft EIS. NOAA is preparing 

a separate proposed rule for regulations 

governing fishing in the MEA under the 

authority of the MSA. Therefore, 

development and analysis of noncommercial fishing regulations for the 

MEA is not part of this action and was 

not analyzed in the draft or final EIS. 

NOAA and the State encourage 

commenters to participate in the future 

public review process for noncommercial fishing regulations in the 

MEA under the authority of the MSA, 

and any associated NEPA and/or other 

environmental compliance 

documentation. 

27. C–8 Comment: A commenter 

expressed concern that ‘‘Native 

Hawaiian’’ is not defined. The 

commenter recommended the following 

language and definition be adopted and 

integrated into the final EIS: Native 

Hawaiian is defined as ‘‘any individual 

who is a descendant of the aboriginal 

people who, prior to 1778, occupied and 

exercised sovereignty in the area that 

now constitutes the State of Hawai1i.’’ 

The commenter also recommended the 

incorporation of other self-identification 

names, including but not limited to 

Ka ̄naka Maoli, Ka ̄naka 1O ̄ iwi, and 

indigenous peoples or indigenous 

Native Hawaiians. 

Response: In the final EIS, NOAA 

recognizes a definition for the term 

Native Hawaiian as it is commonly 

defined per existing Federal law as any 

individual who is a descendant of the 

aboriginal people who, prior to 1778, 

occupied and exercised sovereignty in 

the area that now constitutes the State 

of Hawai1i. See Section 1.2.4. 

Throughout the EIS, NOAA also uses 

Ka ̄naka 1O ̄ iwi and/or Ka ̄naka Maoli as 

terms that refer to Native Hawaiians. 

28. D–1 Comment: Commenters 

expressed opposition to any new fishing 

closures, citing reasons that included: 

• Fishing becomes more difficult and 

expensive for fishermen, including the 

Hawai1i longline fishery. The small boat 

fishing industry will slowly go away; 

• No scientific evidence that large 

marine reserves provide conservation 

benefits to fish stocks; 

• Fishing areas should be managed 

under Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA), and closures do not support 

MSA Standard 1: Conservation and 

management measures shall prevent 

overfishing while achieving, on a 

continuing basis, the optimum yield 

from each fishery for the United States 

fishing industry; 

• Fishing closures do not meet the 

administration’s mandate for equity and 

justice for underserved communities; 

• Fishing closures affect food security 

and well-being of Native Hawaiians; 

• Intergenerational transmission of 

fishing traditions will be impeded or 

lost; 

• Native Hawaiians should be able to 

fish for food; and 

• Sanctuaries and fishing should be 

able to coexist. 

Response: NOAA is not establishing 

any new fishing closures through 

sanctuary designation. The sanctuary 

regulations regarding commercial and 

non-commercial fishing are consistent 

with the existing Monument and its 

management of the area. The 

presidential proclamations establishing 

the Monument broadly restrict the 

harvest of fishery resources by 

prohibiting removing, moving, taking, 

harvesting, possessing, injuring, 

disturbing, or damaging any living or 

nonliving Monument resource, as well 

as attempts to do the same, except as 

may be allowed with a permit. 

Presidential Proclamations 8031 and 

9478 further specify prohibitions on 

commercial fishing and the possession 

of commercial fishing gear. The 

presidential proclamations also identify 

certain types of non-commercial fishing 

that may be regulated (i.e., allowed 

pursuant to a permit or incidental to a 

permitted activity). Presidential 

Proclamation 8031, for example, 

authorizes sustenance fishing incidental 

to an activity permitted in PMNM. 

Presidential Proclamation 9478, for 

example, provides that non-commercial 

fishing is a regulated activity (i.e., 

allowed only with a permit) in the MEA. 

In the sanctuary, the fishing 

regulations included in the final rule are 

consistent with Presidential 

Proclamation 9478 and the existing 

management of the area. This includes 

prohibiting commercial fishing and 

regulating non-commercial fishing 

pursuant to a sanctuary permit or 

authorized under the MSA in the Outer 

Sanctuary Zone. The final rule provides 

the first set of implementing regulation 

consistent with directives in 

Presidential Proclamation 9478, which 

has the force of law. 

29. D–2 Comment: Commenters 

provided suggestions and 

recommendations that appropriately 

regulated and monitored commercial 

fishing, including longline fishing and 

trolling, should be allowed in the 

sanctuary, as well as the ‘‘small boat 

community.’’ One commenter stated 

that regulated traditional small boat 

fisheries should have a place. One 

commenter also inquired whether 

opportunities/mechanisms for future reevaluation and allowance of commercial 

fishing in the sanctuary exist. One 

commenter also stated that there should 

be fishing line limits to reduce 

overfishing. 

Response: In the sanctuary, fishing 

regulations are consistent with existing 

applicable law in the Monument. 

Existing applicable law in the area of 

the sanctuary prohibits commercial 

fishing. Presidential Proclamation 8031, 


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and its implementing regulations at 50 

CFR part 404, prohibits commercial 

fishing for bottomfish and associated 

pelagic species in the Monument after 

June 15, 2011. Presidential Proclamation 

9478 also prohibits commercial fishing 

in the MEA. Therefore, any 

consideration of regulations allowing 

commercial fishing in the sanctuary 

would not alter existing fishing 

prohibitions in the area. See the 

response to D.1 for more detail. 

30. D–3 Comment: Commenters 

expressed opposition to allowing 

commercial fishing in 

Papaha ̄naumokua ̄kea. 

Response: For consistency with 

existing regulations and the presidential 

proclamations establishing the 

Monument, regulations include a 

sanctuary-wide prohibition on 

commercial fishing. See also the 

responses to D.1 and D.2. 

31. D–4 Comment: Commenters 

requested increased support for 

monitoring and enforcing fishing 

prohibitions, and requesting that 

international fishing vessels be 

prohibited. 

Response: Existing applicable law in 

the area of the sanctuary prohibits 

commercial fishing. NOAA and the 

State agree that monitoring and 

enforcement of fishing prohibitions is 

critical to protecting sanctuary 

resources. NOAA’s Office of Law 

Enforcement and the U.S. Coast Guard 

support enforcement efforts across the 

National Marine Sanctuary System. To 

assist in this coordinated effort for 

Monument enforcement, ONMS 

facilitates a Monument Law 

Enforcement Coordination Team which 

is composed of law enforcement 

representatives from NOAA, USFWS, 

U.S. Coast Guard, and Hawai1i Division 

of Conservation and Resource 

Enforcement. This group meets 

regularly to coordinate joint 

enforcement efforts in the Monument. 

The designation of a national marine 

sanctuary provides the first set of 

implementing regulations for the 

directives in Presidential Proclamation 

9478, including the prohibition on 

commercial fishing and regulation on 

non-commercial fishing. By establishing 

these new implementing regulations, 

NOAA will have new tools for 

enforcement, including the enforcement 

of fishing regulations. Sanctuary 

designation imparts a specific set of new 

benefits afforded by the NMSA, 

including the authorization to assess 

civil penalties for violations of the 

NMSA, including sanctuary regulations 

and permits. 

Additionally, foreign fishing has 

remained prohibited in U.S. waters 

since the introduction of the MagnusonStevens Fishery Conservation and 

Management Act of 1976. This 

prohibition was enacted on February 28, 

1977 and remains in effect today with 

limited exceptions related to 

international fishery agreements that 

predated the MSA. There are no such 

allowances for foreign fishing activities 

within the U.S. EEZ that surrounds 

Hawai1i. 

Regarding monitoring, see also the 

responses to B.21 and K.2. 

32. D–5 Comment: Commenters 

expressed opposition to allowing noncommercial fishing and to the 

exemption (for non-commercial fishing 

in the MEA) in the proposed sanctuary 

rule, based upon biological, cultural, or 

co-management considerations. Out of 

concern for the proposed exemption of 

non-commercial fishing permits, one 

commenter suggested that noncommercial fishing permits should only 

be rarely granted, and carry strict catch 

limits. 

Response: The presidential 

proclamations that established the 

Monument (8031 and 9478) served as 

benchmarks for drafting regulations for 

the sanctuary. The presidential 

proclamations identify certain types of 

non-commercial fishing that may be 

regulated (i.e., allowed pursuant to a 

permit or incidental to a permitted 

activity). Presidential Proclamation 

8031 authorizes sustenance fishing 

incidental to an activity permitted in 

PMNM. Presidential Proclamation 9478 

provides that non-commercial fishing is 

a regulated activity (i.e., allowed only 

with a permit) in the MEA, provided 

that the fish harvested, either in whole 

or in part, cannot enter commerce 

through sale, barter, or trade, and that 

the resource is managed sustainably. In 

the sanctuary, for consistency with the 

proclamations, ‘‘non-commercial 

fishing’’ is prohibited unless conducted 

pursuant to a sanctuary permit or 

through an exemption for noncommercial fishing authorized under 

the MSA in the Outer Sanctuary Zone 

(the area that overlaps with the MEA). 

In response to comments of concern 

for this exemption, NOAA has made 

changes to the exemption for noncommercial fishing to ensure that a noncommercial fishing permit authorized 

under the MSA is only exempt from a 

limited subset of prohibited or 

otherwise regulated activities, and that 

these exempted activities are only 

conducted as incidental to and 

necessary to a lawful non-commercial 

fishing activity. NOAA has also clarified 

that this narrow exemption from the 

sanctuary’s permitting requirements is 

only applicable provided that the fish 

harvested, either in whole or in part, are 

neither intended to enter commerce nor 

enter commerce through sale, barter, or 

trade and that the resource is managed 

sustainably, consistent with Presidential 

Proclamation 9478. Moreover, for the 

exemption to apply, the fish harvested, 

either in whole or in part, must not be 

intended to be sold and shall not be sold 

for any purposes, including, but not 

limited to, cost-recovery. Corresponding 

changes have been made in the final EIS 

Section 3.3.1. 

NOAA is preparing a separate 

proposed rule for regulations governing 

fishing in the MEA under the authority 

of the MSA, and will invite the public 

to provide comments on the proposed 

non-commercial fishing regulations for 

the MEA. NOAA and the State 

encourage commenters to participate in 

the future public review process for 

non-commercial fishing regulations in 

the MEA under the authority of the 

MSA, including on the issuance of 

permits and catch limits, as those are 

outside the scope of this action. 

33. D–6 Comment: Some commenters 

stated that fishing should not be 

restricted for Native Hawaiians and 

Indigenous populations and/or cultural 

practices. One commenter emphasized 

that it is culturally important to be able 

to bring fish home to share with family. 

Response: Consistent with the 

existing management of the Monument 

and the proclamations that established 

the Monument, NOAA would continue 

to allow for regulated access to the 

sanctuary. Ka ̄naka 1O ̄ iwi and Indigenous 

communities may apply for a permit to 

fish within the sanctuary. For 

consistency with the proclamations that 

established the Monument, ‘‘noncommercial fishing’’ is prohibited in the 

Sanctuary unless conducted pursuant to 

a sanctuary permit or authorized under 

the MSA in the Outer Sanctuary Zone. 

See the response to D.5. In the Outer 

Sanctuary Zone, the sanctuary 

regulations will not restrict the sharing 

of fish from non-commercial fishing 

activities authorized under the MSA. 

34. D–7 Comment: A commenter 

requested that sustenance fishing be the 

only form of fishing allowed in the 

proposed sanctuary; and that there be a 

requirement that fish caught be 

consumed within the sanctuary, and not 

taken outside of the sanctuary. Others 

requested that sustenance fishing be 

allowed conditionally. Suggested 

conditions include by location; by 

permit type, and by sustainability 

criteria: (1) the activity must be ‘‘pono;’’ 

(2) the activity must benefit the 

resources of the Northwestern Hawaiian 

Islands and the Native Hawaiian 

community; and (3) any resource 


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harvested from the Monument must be 

consumed in the Monument. Finally, 

one commenter supported defining 

sustenance fishing as a Native Hawaiian 

practice. 

Response: Sustenance fishing is 

currently allowed incidental to an 

activity permitted in PMNM, pursuant 

to Presidential Proclamation 8031, and 

the implementing regulations at 50 CFR 

part 404. Sustenance fishing was not 

specifically identified in Presidential 

Proclamation 9478 governing the MEA, 

but is considered a form of noncommercial fishing which may be 

regulated. For consistency in 

management and permitting, NOAA 

will manage this activity as a term or 

condition of a general permit or special 

use permit for the sanctuary, outside of 

any special preservation area. NOAA’s 

sanctuary permit will follow the 

conditions of the existing Monument 

permitting system, including the 

considerations that sustenance fishing 

must be conducted only for the purpose 

of providing sustenance in support of 

activities otherwise allowed under an 

established permit and that the 

harvested resource must be consumed 

within the Monument. 

In the Outer Sanctuary Zone, other 

types of non-commercial fishing may be 

allowed, consistent with the proper care 

and management of sanctuary resources 

and monument objects. Sanctuary 

designation provides the first set of 

implementing regulations for many of 

the directives in Presidential 

Proclamation 9478, including the 

regulation of non-commercial fishing in 

the MEA. Presidential Proclamation 

9478 stated that non-commercial fishing 

may be regulated ‘‘provided that the fish 

harvested, either in whole or in part, 

cannot enter commerce through sale, 

barter, or trade, and that the resource is 

managed sustainably.’’ Consistent with 

this proclamation, some forms of noncommercial fishing beyond sustenance 

fishing may be allowed in the MEA/ 

Outer Sanctuary Zone. 

NOAA is preparing a separate 

proposed rule for regulations governing 

fishing in the MEA under the authority 

of the MSA, and will invite the public 

to provide comments on the proposed 

non-commercial fishing regulations for 

the MEA. NOAA and the State 

encourage commenters to participate 

during that process. 

35. D–8 Comment: Some commenters 

suggested that only subsistence fishing 

be allowed in the proposed sanctuary. 

Response: In State of Hawai1i waters, 

extending three miles seaward of any 

coastline (excluding Midway Atoll), 

Native Hawaiian subsistence fishing, as 

defined by the State of Hawai1i, may be 

allowed. NOAA acknowledges that the 

Monument’s managing agencies define 

sustenance and/or subsistence fishing in 

different ways. Regardless, in PMNM, 

all fish caught shall be consumed within 

the Monument. Within the sanctuary, 

sustenance fishing would continue to be 

allowed (outside of the special 

preservation areas) to provide 

sustenance in support of activities 

otherwise allowed under an established 

permit. 

36. D–9 Comment: Commenters asked 

why regulations have not been issued 

for the MEA to manage non-commercial 

fishing. 

Response: President Obama issued 

Presidential Proclamation 9478 on 

August 31, 2016, which established the 

MEA. On September 23, 2016, NOAA 

Fisheries requested that the Western 

Pacific Regional Fishery Management 

Council (WPRFMC) develop 

recommendations to establish fishing 

regulations under the MSA, including 

the prohibition on commercial fishing 

and the regulation of non-commercial 

fishing within the MEA. However, no 

further action was taken by the 

WPRFMC in response to Presidential 

Proclamation 9478 at that time. NOAA 

cannot speculate as to why WPRFMC 

decided not to take action at that time. 

NOAA is preparing a separate 

proposed rule for regulations governing 

fishing in the MEA under the authority 

of the MSA to reflect the outcome of the 

WPRFMC recommendation and the 

NMSA Section 304(a)(5) process. 

Appendix C to the final EIS provides 

further details of this consultation 

process. 

37. D–10 Comment: Commenters 

expressed concern regarding the 

exemption of non-commercial fishing in 

the MEA, and that the issuance of noncommercial fishing permits will open 

the door to other types of fishing in 

Papaha ̄naumokua ̄kea. Commenters also 

expressed concern that a sanctuary 

designation would remove existing 

protections that prohibit various forms 

of fishing. One commenter 

recommended removing the exemption 

of non-commercial fishing to allow for 

more dialogue with the Native Hawaiian 

community. 

Response: See the responses to D.5 

and F.4. Sanctuary designation does not 

remove any existing protections that 

prohibit fishing. For consistency with 

the presidential proclamations 

establishing the Monument and the 

regulations at 50 CFR part 404, the 

sanctuary regulations will authorize 

limited forms of fishing. 

38. D–11 Comment: Commenters 

expressed support for allowing 

recreational fishing, to sustain the 

community and to allow for cultural 

and traditional practices. One 

commenter recommended that 

recreational fishing be monitored and 

regulated; that recreational fishers be 

required to attend courses to receive 

permits; and that NOAA and the State 

of Hawai1i update methods of data 

collection for recreational fishing. 

Another commenter suggested imposing 

fees for recreational fishing. Other 

commenters requested that NOAA 

implement measures to prevent 

recreational fishers from targeting 

‘‘trophy’’ fish, and to limit fishing in 

general, to stem overfishing. 

Response: For consistency with the 

proclamations, ‘‘non-commercial 

fishing’’ is prohibited in the Sanctuary 

unless conducted pursuant to a 

sanctuary permit or, as discussed below, 

through an exemption for noncommercial fishing authorized under 

the MSA in the Outer Sanctuary Zone. 

The final rule adopts the definition of 

‘‘non-commercial fishing’’ from the 

regulations for fisheries in the Western 

Pacific, which is defined as ‘‘fishing that 

does not meet the definition of 

commercial fishing in the Magnuson– 

Stevens Fishery Conservation and 

Management Act, and includes, but is 

not limited to, sustenance, subsistence, 

traditional indigenous, and recreational 

fishing’’ (50 CFR 665.12). NOAA will 

periodically evaluate the effect of noncommercial fishing activities on 

sanctuary resources. Such evaluations 

would take into consideration the best 

scientific information available and 

evaluate whether additional actions are 

necessary for the proper care and 

management of sanctuary resources, 

including fishery resources, consistent 

with goals and objectives of the 

sanctuary. 

Any requirements for non-commercial 

fishing permits authorized by NOAA 

Fisheries under the MSA are outside the 

scope of this action. NOAA is preparing 

a separate proposed rule for regulations 

governing fishing in the MEA under the 

authority of the MSA, and will invite 

the public to provide comments on the 

proposed non-commercial fishing 

regulations. NOAA and the State 

encourage commenters to provide input 

during the public review process for 

non-commercial fishing in the MEA. 

39. D–12 Comment: A commenter 

expressed opposition to the issuance of 

permits for recreational fishing in the 

MEA. 

Response: Please see the response to 

D.11. As required by Section 304(a)(5) of 

the NMSA, NOAA consulted with the 

WPRFMC to recommend any draft 

fishing regulations it deemed necessary 

to implement the sanctuary designation. 


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The WPRFMC determined it was 

necessary to develop non-commercial 

fishing regulations, including for 

recreational fishing, for the area of the 

proposed sanctuary that overlaps with 

the MEA 

40. D–13 Comment: Commenters 

expressed support for non-commercial 

fishing in the MEA proposed by 

WPRFMC, including allowing sale and/ 

or cost recovery. 

Response: In accordance with Section 

304(a)(5) of the NMSA, NOAA provided 

the WPRFMC with the opportunity to 

recommend any draft fishing regulations 

it deemed necessary to implement the 

proposed sanctuary designation. NOAA 

accepted the majority of the WPRFMC’s 

recommendation, including those parts 

that were found to fulfill the purposes 

and policies of the NMSA and the goals 

and objectives of the proposed 

sanctuary designation. However, the 

WPRFMC’s recommendation providing 

Native Hawaiian subsistence practices 

fishing permit applicants the ability to 

request limited cost recovery by selling 

their catch failed to fulfill the purposes 

and policies of the NMSA and the goals 

and objectives of the proposed 

sanctuary designation (see NOAA 

Response Letter dated on May 31, 2023, 

in the final EIS Appendix C.1). NOAA 

is preparing a separate proposed rule 

under the MSA to reflect the outcome of 

the NMSA Section 304(a)(5) 

consultation process. Appendix C to the 

final EIS provides further details on this 

consultation process. 

41. D–14 Comment: Commenters 

expressed opposition to the annual 

catch limits proposed by WPRFMC. 

Several comments expressed concern 

that it does not align with Native 

Hawaiian cultural or subsistence 

practices. One commenter suggested 

additional involvement from the Native 

Hawaiian community and the Office of 

Hawaiian Affairs (OHA) on this matter. 

Response: Any requirements and 

conditions for non-commercial fishing 

permits authorized by the MSA are 

outside the scope of this action. NOAA 

is preparing a separate proposed rule for 

regulations governing fishing in the 

MEA under the authority of the MSA, 

and will invite the public to provide 

comments on the proposed noncommercial fishing regulations, 

including the catch limits. NOAA and 

the State encourage commenters to 

participate in the future public review 

process for non-commercial fishing in 

the MEA. 

42. D–15 Comment: Commenters 

expressed opposition to any sale, barter, 

or trade and the cost recovery 

mechanism proposed by WPRFMC. 

Comments also expressed concern 

regarding WPRFMC’s definition of 

‘‘customary exchange’’ and that it does 

not align with Native Hawaiian cultural 

or subsistence practices. 

Response: NOAA agrees with some 

aspects of this comment. See the 

response to D.13 for information on 

NOAA’s consideration of the 

WPRFMC’s recommended fishing 

regulations, and the response to D.5 for 

details of the exemption for noncommercial fishing. NOAA has 

narrowed this exemption, making it 

only applicable provided that the fish 

harvested, either in whole or in part, are 

neither intended to enter commerce nor 

enter commerce through sale, barter, or 

trade and that the resource is managed 

sustainably, consistent with Presidential 

Proclamation 9478. Moreover, for the 

exemption to apply, the fish harvested, 

either in whole or in part, are not 

intended to be sold and shall not be sold 

for any purposes, including, but not 

limited to, cost-recovery. See the final 

EIS, Section 3.3.1. The WPRFMC’s final 

recommendation (April 23, 2023) did 

not include a definition of ‘‘customary 

exchange’’, and NOAA ONMS has not 

included a definition of customary 

exchange in the sanctuary regulations. 

43. D–16 Comment: Commenters 

requested that NOAA reject the 

proposed non-commercial fishing 

regulations by NOAA Fisheries and 

WPRFMC. 

Response: NOAA accepted the 

majority of the WPRFMC’s 

recommendation as it was found to 

fulfill the purposes and policies of the 

NMSA and the goals and objectives of 

the proposed sanctuary designation. 

However, NOAA did reject a portion of 

the WPRFMC’s recommendation that 

would have allowed sale of catch under 

a Native Hawaiian subsistence fishing 

practices permit, as it was not found to 

fulfill the goals and objectives of the 

sanctuary designation. See the response 

to D.13, as well as Appendix C to the 

final EIS, for further details of this 

consultation process. 

44. D–17 Comment: Commenters 

expressed concern for a portion of the 

WPRFMC’s recommendation on 

‘‘research fishing,’’ and definition that 

would include ‘‘research fishing’’ as a 

form of non-commercial fishing. 

Response: NOAA is preparing a 

separate proposed rule for regulations 

governing fishing in the MEA under the 

authority of the MSA, based on the 

WPRFMC’s recommendations. NOAA 

and the State encourage commenters to 

provide additional input, including on 

research fishing, to the future public 

review process for non-commercial 

fishing regulations in the MEA. 

45. D–18 Comment: A commenter 

expressed concern that while resources 

in the Monument are a co-management 

trust responsibility, the proposed 

fishing regulations for the MEA have 

been developed without adequate 

inclusion of the perspectives of the 

Monument co-managers. 

Response: NMSA Section 304(a)(5) 

required NOAA to consult with the 

WPRFMC to recommend any draft 

fishing regulations it deemed necessary 

to implement the sanctuary designation. 

The State of Hawai1i maintains voting 

seats, and the USFWS maintains nonvoting seats on the WPRFMC. The 

WPRFMC determined it was necessary 

to develop non-commercial fishing 

regulations under the MSA, for the area 

of the proposed sanctuary that overlaps 

with the MEA. In accordance with the 

Section 304(a)(5) process, NOAA 

accepted those parts of the WPRFMC’s 

recommendation that fulfilled the 

purposes and policies of the NMSA and 

the goals and objectives of the proposed 

sanctuary designation, and rejected 

those parts that did not. Under the 

MSA’s rulemaking process, the 

WPRFMC will transmit its 

recommendation to NOAA Fisheries, 

who will then prepare a proposed rule 

for non-commercial fishing regulations 

in the MEA under the MSA. 

46. D–19 Comment: Commenters 

expressed concern regarding the 

separation of the NOAA Fisheries 

fishing regulations from the sanctuary 

designation process, which lacks 

transparency and thorough analysis of 

potential impacts. Commenters also 

requested an additional EIS and a public 

review of the proposed fishing 

regulations for the MEA. Commenters 

expressed concern that the proposed 

fishing regulations were developed in 

an improper sequence and there was no 

timeline included. Commenters also 

stated that impacts of WPRFMC’s 

proposed non-commercial fishing 

regulations should have been analyzed 

within the draft EIS. 

Response: NOAA acknowledges the 

confusion regarding the timeline of 

proposed fishing regulations for the 

MEA. NOAA Fisheries is responsible for 

fisheries management under the MSA 

and is preparing a separate proposed 

rule for regulations governing fishing in 

the MEA under the authority of the 

MSA. NOAA Fisheries will analyze the 

environmental impacts of the noncommercial fishing regulations in the 

MEA under the authority of the MSA in 

a manner consistent with NEPA. NOAA 

has made revisions in sections 1.4 and 

3.7.2 of the final EIS to clarify this. 

NOAA and the State encourage 

commenters to participate in the future 


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public review process for noncommercial fishing regulations in the 

MEA under the authority of the MSA. 

47. D–23 Comment: A commenter 

recommended that any activity relating 

to the extraction of fish be led by Native 

Hawaiians. 

Response: The permitting system and 

regulations for the sanctuary is modeled 

after the existing Monument regulations 

and permitting system. The permitting 

system would not supplant the joint 

permitting system for the Monument, 

and was developed to ensure a 

continued joint permitting system 

administered by the MMB. While the 

presidential proclamations establishing 

the Monument broadly restrict the 

harvest of fishery resources, and 

identify certain types of noncommercial fishing that may be 

regulated (i.e., allowed pursuant to a 

permit or incidental to a permitted 

activity), there are no restrictions as to 

who may apply for a permit. Sanctuary 

designation will not change this. 

48. D–24 Comment: Commenters 

expressed opposition to allowing any 

form of fishing in the proposed 

sanctuary. Some associated comments 

stated opposition to the removal of any 

wildlife from the proposed sanctuary. 

Response: See the response to D.1. 

The presidential proclamations 

establishing the Monument broadly 

restrict the harvest of fishery resources 

and further specify prohibitions on 

commercial fishing and identify certain 

types of non-commercial fishing that 

may be regulated. In the sanctuary, 

regulations for fishing are consistent 

with the proclamations and existing 

management of the area. 

49. D–25 Comment: A commenter 

requested that, in the event of a natural 

disaster occurring with severe impacts 

to the food supply of Hawai1i, the 

proposed sanctuary should allow for 

sustenance fishing and sharing of fish 

with community. 

Response: NOAA cannot speculate 

about how the NMSA and other 

authorities may or may not be used in 

the future scenario described by the 

commenter. However, in the Outer 

Sanctuary Zone (MEA), the sanctuary 

regulations will not restrict the sharing 

of fish from non-commercial fishing 

activities authorized under the MSA. 

50. D–26 Comment: A commenter 

emphasized that new sanctuary 

regulations should be limited to those 

relating to the seafloor and islands 

within the MEA, as the MSA already 

provides for the management of 

fisheries in all U.S. waters. 

Response: NOAA may regulate fishing 

under the MSA and the NMSA. See also 

the response to D.9. While NOAA may 

regulate fishing under NMSA, and 

regulates fishing in the sanctuary 

consistent with the existing 

management of the area, per section 

304(a)(5) of the NMSA, NOAA also 

provided the WPRFMC with the 

opportunity to recommend any draft 

fishing regulations it deemed necessary 

to implement the proposed sanctuary 

designation. NOAA is preparing a 

separate proposed rule for regulations 

governing fishing in the MEA under the 

authority of the MSA to reflect the 

outcome of the NMSA section 304(a)(5) 

process. 

51. D–27 Comment: A commenter 

expressed opposition to any 

prohibitions that may affect existing 

community-based subsistence fishery 

areas, and requested that NOAA 

incorporate language that explicitly 

includes community- and cultural-based 

subsistence-based fishing practices as 

part of protected Native Hawaiian 

customs and practices. 

Response: Community-based 

subsistence fishery areas are locally 

based, legally designated areas in the 

Main Hawaiian Islands where 

communities and the state government 

work together to protect and support 

traditional Hawaiian fishing practices. 

To date, there have been no communitybased subsistence fishery areas 

established within 

Papaha ̄naumokua ̄kea. Since these areas 

are typically initiated at the local level 

by communities seeking enhanced 

protection of their nearshore resources, 

the future establishment of a 

community-based subsistence fishery 

area within Papaha ̄naumokua ̄kea is 

unlikely. As such, a discussion of such 

areas is beyond the scope of this action. 

For a description of how culturallybased subsistence fishing practices are 

addressed within the sanctuary, please 

see the response to D.8. 

52. E–1 Comment: Commenters asked 

how a proposed sanctuary would 

modify the existing co-management 

structure for the Monument. 

Commenters requested articulation of 

roles of OHA, USFWS, and the State of 

Hawai1i, specifically who has 

jurisdiction in which areas, as well as 

requested that the EIS provide a detailed 

governance framework and a dispute 

resolution process for the proposed 

sanctuary. Commenters also stated that 

the draft EIS and/or draft sanctuary 

management plan did not clearly 

articulate how the sanctuary would 

function in coordination with the 

existing Monument, nor articulate how 

the Monument co-trustee’s authorities 

could be used to supplement and 

complement NOAA authorities. One 

commenter suggested that NOAA 

provide a graphic depicting the 

relationship of the proposed sanctuary 

with existing Monument management. 

Finally, some commenters questioned if 

there are deficiencies in the existing 

Monument management framework, 

while one commenter stated that the 

proposed sanctuary rule has led to 

confusion over the legitimacy of the 

Monument co-management framework. 

Response: The existing Monument is 

jointly administered by the four cotrustees (DOC, DOI, State of Hawai1i, 

and OHA) through the seven-member 

MMB. ONMS and NOAA Fisheries 

collaborate to fulfill DOC’s co-trustee 

responsibilities under the Monument, 

and ONMS serves on the seven-member 

MMB. A graphic of the existing 

management structure is described in 

the final EIS Section 3.2. Sanctuary 

designation will not change the existing 

management structure, and ONMS’ role 

within the management framework will 

remain, with the added authority 

provided by the NMSA. Additional 

information has been added to the 

sanctuary management plan in sections 

1 (About This Document) and 2 

(Cooperative and Coordinated 

Management) and Acknowledgements 

to clarify this. NOAA has also made 

revisions to the description of the No 

Action Alternative in Section 3.2 of the 

final EIS to better articulate the existing 

roles of each Monument co-trustee, 

including their jurisdiction and 

authorities that guide their role in 

managing the Monument. Existing 

authorities, including management 

authorities of all Monument co-trustees, 

will remain in effect under all action 

alternatives. 

As a result of the existing Monument 

management framework, of which 

ONMS is a critical part, the final rule 

and sanctuary management plan have 

been specifically designed to be 

consistent with the current management 

framework, and to allow for seamless 

operations between the Monument and 

sanctuary. The sanctuary will 

supplement and complement existing 

management of the Monument, and not 

replace or diminish the existing 

management of the Monument. In 

accordance with the NMSA, in 

designating a sanctuary, NOAA 

determines if existing authorities should 

be supplemented to ensure coordinated 

and comprehensive conservation and 

management of the area. 

NOAA has provided additional 

details clarifying consistency with the 

management framework in Section 3.3.1 

of the final EIS. Specifically, NOAA will 

work in cooperation with the 

Monument co-trustees to update the 

existing MOA for the Monument with 


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the State of Hawai1i, DOI/USFWS, and 

OHA to reflect the addition of the 

sanctuary. Further, the existing 

Monument MOA includes a provision 

that states that ‘‘in the event of the 

designation of the Monument or any 

portion of the Monument as a National 

Marine Sanctuary under the National 

Marine Sanctuaries Act, nothing herein 

shall be construed as automatically 

terminating or otherwise amending this 

Agreement.’’ 

53. E–2 Comment: Commenters 

expressed concerns regarding the 

exclusion of some of the Monument cotrustee agencies from co-management of 

the sanctuary. Commenters requested 

that NOAA co-manage the sanctuary 

with all of the Monument co-trustees 

(DOI, OHA, and the State of Hawai1i), 

and that NOAA should receive approval 

from and/or collaborate with the other 

co-trustees regarding decision making 

for the sanctuary. Commenters also 

requested that a MOA be developed to 

articulate the governance framework for 

the sanctuary, and any co-management 

agreement. 

Response: NOAA has clarified in the 

final rule and the final EIS (see final EIS 

Section 3.3.1, final rule Section IV.D, 

and sanctuary management plan Section 

2) how the sanctuary will be managed 

in partnership with USFWS and OHA. 

In the proposed rule, NOAA proposed 

that the sanctuary would be co-managed 

with the State of Hawai‘i. Recognition of 

the State of Hawai‘i as a co-manager was 

not meant to exclude the other 

Monument co-trustees, USFWS and 

OHA. To the contrary, partnerships with 

other Federal and State agencies with 

overlapping jurisdiction are critical to 

the success of the National Marine 

Sanctuary System. In the proposed 

regulations, NOAA was trying to 

explain the role that states may have in 

co-managing a sanctuary under the 

NMSA if all or part of the proposed 

sanctuary is within the territorial limits 

of any state. In the final regulations and 

management plan, NOAA has added 

new text regarding how NOAA will 

manage the sanctuary in partnership 

with the other Monument co-trustees, 

DOI/USFWS and OHA, as the existing 

co-management structure of 

Papaha ̄naumokua ̄kea Marine National 

Monument is critical to the success of 

the sanctuary. 

NOAA intends to, in cooperation with 

the Monument co-trustees, update the 

existing MOA for the Monument 

between the State of Hawai1i, DOI/ 

USFWS, and OHA to reflect the 

addition of the sanctuary. NOAA is 

developing an MOU with the USFWS to 

provide details on using supplemental 

authority under the NMSA to protect 

resources where the sanctuary overlaps 

with national wildlife refuges. Finally, 

the sanctuary management plan was 

developed in consultation with the 

State, USFWS, and OHA to explicitly 

ensure concurrence of plans between 

the sanctuary and the Monument. 

Additional language has been added to 

the sanctuary management plan 

(Appendix A) to better reflect the goal 

of cooperative management with the 

Monument co-trustees. 

54. E–3 Comment: Commenters 

requested that the final EIS should 

include a clear description of the 

permitting system for the proposed 

sanctuary and how it would relate to the 

existing Monument permitting system, 

including how sanctuary permits would 

be reviewed, approved, and 

conditioned. Commenters expressed 

that NOAA should not have sole 

authority over permitting for activities 

in the area of the sanctuary and 

Monument; that only one permitting 

system should apply to the area; that 

permits should be approved by all 

Monument co-trustees; and that the 

Monument permit process should be 

amended to include sanctuary 

permitting. One commenter expressed 

concern regarding the proposed special 

use permit, which allows for fee 

collection for permit processing. The 

commenter questioned how this would 

work alongside the Monument permit 

process, and asked if NOAA would keep 

fees internally, or divide fees received 

equitably amongst Monument comanagers. 

Response: The Monument’s joint 

permitting system has been in place and 

permits have been issued by the cotrustees since 2007. The unified 

Monument permitting process includes 

a unified Monument permit application, 

instructions, and template (see final EIS 

Section 3.2). All permitted activities in 

PMNM are authorized under the 

issuance of a single Monument permit 

signed by the USFWS, NOAA, and the 

State of Hawai1i, in cooperation with 

OHA. The sanctuary permitting system 

would complement the existing 

Monument permitting system, and was 

developed to allow for integration with 

the Monument permitting system, to 

ensure continued joint permitting 

administered by the MMB, which 

includes ONMS. The sanctuary 

permitting system would not supplant 

the joint permitting system for PMNM. 

The sanctuary permit categories were 

designed to provide the same 

management function and permittee 

interface as the current Monument 

permit categories. The sanctuary adopts 

the same permit criteria as currently 

required for Monument permits, 

including the additional criteria for 

Native Hawaiian practices and 

recreation permits. To provide more 

clarity, NOAA has updated its 

description of the sanctuary permitting 

process in the final EIS, Section 3.3.1. 

Prior to sanctuary designation, 

regulations to issue permits in the MEA 

had not been established and activities 

in the MEA have been approved via a 

Letter of Authorization signed by 

USFWS. The co-trustees agreed to 

implement this USFWS process as an 

interim measure. Sanctuary designation 

provides the first set of implementing 

regulations consistent with directives in 

Presidential Proclamation 9478, 

including regulations for permitting, in 

addition to governing the sanctuary. 

Regarding special use permits, NOAA 

intends for any issuance of special use 

permits to be done so in coordination 

with the existing permit process. NOAA 

points out that while the Monument is 

jointly administered, some areas are also 

guided by other specific authorities. For 

example, USFWS has the authority to 

charge fees for services including public 

visitation (50 CFR part 25 Subpart E) in 

areas of the Monument that also fall 

within a national wildlife refuge. 

NOAA’s authority to collect fees for 

special use permits provides Monument 

managers with a larger area, beyond the 

national wildlife refuges, for which 

permit fees may be collected for specific 

activities. In accordance with the 

NMSA, NOAA may recover 

administrative costs for staff time to 

review and take action on the permit, 

and for a fair market value for use of the 

sanctuary. While this authority may be 

used, the collection of fees is not 

required. Further, NOAA is not 

proposing any new category of activity 

subject to a special use permit as part of 

this designation, and due to the existing 

regulations for the Monument and the 

sanctuary, the issuance of special use 

permits is expected to be limited. 

55. E–4 Comment: Commenters 

expressed concern regarding the 

proposed process for permitting noncommercial fishing in the MEA. 

Commenters specifically stated that any 

fishing permits should also require a 

consistency review by the Monument 

co-managers. Some commenters 

suggested that non-commercial fishing 

in the MEA should be part of a single 

permitting process for the sanctuary 

and/or Monument, and not done 

through a separate process, noting that 

any permits that authorize resource 

extraction should be reviewed by the 

MMB. 

Response: NOAA’s ONMS will not 

issue non-commercial fishing permits as 

part of the sanctuary regulations, but 


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will allow sustenance fishing as a term 

or condition of a permit, consistent with 

existing management of the Monument. 

In response to a recommendation for 

fishing regulations in the MEA by the 

WPRFMC, NOAA Fisheries is preparing 

a separate proposed rule for regulations 

governing fishing in the MEA under the 

authority of the MSA, will complete the 

environmental compliance 

requirements, and will accept public 

comment on the proposal. NOAA and 

the State of Hawai1i encourage the 

commenter to review and participate in 

the future public review process for the 

proposed rule and any associated NEPA 

and/or other environmental compliance 

documentation for non-commercial 

fishing regulations in the MEA. 

56. E–5 Comment: Commenters 

expressed concern regarding potential 

conflicts between the proposed 

sanctuary permitting process and 

permitting authorized by the USFWS for 

the Midway Atoll and Hawaiian Islands 

National Wildlife Refuges. One 

commenter stated that the USFWS has 

an existing process to review and issue 

permits to regulate use of the national 

wildlife refuges for research, education, 

management, and recreation. A 

commenter suggested the development 

of a MOU among USFWS, NOAA, and 

the State of Hawai1i to clarify the permit 

process, which should include 

provisions for dispute resolution and for 

emergency situations when actions are 

necessary to protect human health and 

safety on Midway Atoll. Commenters 

also expressed concern regarding the 

permitting of activities in the MEA, 

including questioning why NOAA does 

not recognize DOI’s authority to issue 

permits in the MEA, and requested that 

any new permitting in the MEA should 

be done following agreement with the 

MMB. Finally, one commenter 

questioned if the USFWS would need to 

acquire permits from NOAA for 

management activities in the national 

wildlife refuge waters. 

Response: NOAA has added 

additional clarification in the final rule 

and the final EIS (see Section 3.3.1 and 

Section IV.D in the preamble of the final 

rule) regarding how the sanctuary will 

be managed in partnership with other 

agencies. In addition to co-management 

with the State, NOAA will manage the 

sanctuary in partnership with the 

USFWS and OHA consistent with the 

management of the Monument. NOAA 

will work in cooperation with 

Monument co-trustees to update the 

memorandum of agreement for the 

Monument with the State of Hawai‘i, 

DOI/USFWS, and OHA that reflects the 

addition of the sanctuary, and 

specifically addresses how the addition 

of a sanctuary will supplement and 

complement, and not supplant, the 

existing Monument management 

framework. NOAA and USFWS are 

developing an agreement to provide 

details on the execution of sanctuary 

management where the national marine 

sanctuary overlaps with Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge, and 

will consider if provisions are needed 

for dispute resolution and for 

emergency situations when actions are 

necessary to protect human health and 

safety on Midway Atoll. 

Management of the MEA is governed 

by Presidential Proclamation 9478. Prior 

to sanctuary designation, regulations to 

issue permits in the MEA had not yet 

been established and activities in the 

MEA have been approved via a Letter of 

Authorization signed by USFWS. The 

co-trustees agreed to implement this 

USFWS process as an interim measure. 

Sanctuary designation provides the first 

set of implementing regulations, 

including regulations for permitting, in 

the MEA. 

57. E–6 Comment: Commenters 

requested that NOAA co-manage the 

sanctuary specifically with the USFWS, 

and/or that NOAA consult with USFWS 

for decision making and environmental 

analysis in the proposed sanctuary. 

Some commenters also requested that 

NOAA recognize the authority of the 

USFWS, that NOAA not supersede the 

authority of the USFWS, and that 

NOAA acknowledge that the USFWS 

has sole authority for certain decisions 

in the national wildlife refuges. Some 

commenters expressed concern that the 

proposed sanctuary would give NOAA 

and the State of Hawai1i precedence over 

USFWS management of refuge waters. 

One commenter recommended that a 

MOA be developed and signed by the 

Secretaries of Interior and Commerce, 

and that a 3rd party neutral facilitator be 

selected to oversee implementation of 

the MOA. The commenter specified that 

the MOA should be reviewed and 

updated, as needed, every five years. 

Response: NOAA will manage the 

sanctuary in partnership with the 

USFWS. Nothing in the establishment of 

the national marine sanctuary will 

diminish USFWS’s authority to 

administer Midway Atoll National 

Wildlife Refuge and Hawaiian Islands 

National Wildlife Refuge under the 

National Wildlife Refuge System 

Administration Act. Where 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary overlays Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge, NOAA 

will implement the National Marine 

Sanctuaries Act to provide 

supplemental authority to protect 

resources. 

In other sanctuary sites, when there is 

jurisdictional overlap between NOAA 

and USFWS, the agencies have worked 

to implement their respective 

authorities in a manner that 

complements, but does not diminish or 

interfere with, existing authorities and 

strengthens existing protections and 

management. NOAA and USFWS are 

developing an agreement to provide 

details on the execution of sanctuary 

management where the national marine 

sanctuary overlaps with Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge. Any 

agreement developed between NOAA 

and the USFWS will be updated as 

needed, as determined by the agencies. 

58. E–7 Comment: Commenters 

requested that NOAA co-manage the 

sanctuary specifically with OHA. 

Commenters emphasized that excluding 

OHA would be akin to suppressing 

Native Hawaiian voices and/or usurping 

the sovereignty of OHA. Commenters 

requested that NOAA consider 

temporarily halting sanctuary 

designation until Federal law allows for 

explicit co-management structures that 

include native governing bodies as 

equal decision-makers, and requested 

that NOAA work with OHA and the 

Native Hawaiian community to achieve 

the ability for Indigenous governing 

bodies to be eligible to be named as comanagers for marine sanctuaries under 

the NMSA. One commenter also pointed 

out that for National Marine Sanctuary 

of American Samoa, the American 

Samoa Department of Commerce has 

been designated as a co-manager to 

assist NOAA with the administration of 

the sanctuary, and therefore, OHA 

should be able to serve as a co-manager 

of the proposed sanctuary. 

Response: NOAA will manage the 

sanctuary in partnership with the OHA, 

consistent with the management of the 

Monument. The existing comanagement structure of the Monument 

and cooperation with OHA is critical to 

the success of the sanctuary. NOAA will 

work in cooperation with Monument cotrustee to update the Memorandum of 

Agreement for Promoting Coordinated 

Management of Papaha ̄naumokua ̄kea 

Marine National Monument with the 

State of Hawai1i, DOI/USFWS, and OHA 

that reflects the addition of the 

sanctuary, and specifically addresses 

how the addition of a sanctuary will 

supplement and complement, and not 

supplant, the existing Monument 

management framework. Under 

Monument management, OHA has 

primary responsibility for representing 

the interests of the Ka ̄naka 1O ̄ iwi 


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community in the perpetuation of 

Hawaiian cultural resources and 

practices. Sanctuary designation will 

not change this, and NOAA intends to 

consult with OHA on all matters related 

to the perpetuation of Hawaiian cultural 

resources and practices. 

Pursuant to the NMSA, a ‘‘state’’ as 

defined under the act, may have a role 

in co-managing a sanctuary if all or part 

of the proposed sanctuary is within the 

territorial limits of any state. For this 

reason, NOAA will co-manage the 

sanctuary with the State of Hawai1i. In 

addition, pursuant to the NMSA, the 

‘‘state’’ means each of the several States, 

the District of Columbia, the 

Commonwealth of Puerto Rico, the 

Commonwealth of the Northern Mariana 

Islands, American Samoa, the Virgin 

Islands, Guam, and any other 

commonwealth, territory, or possession 

of the United States. As the NMSA also 

defines ‘‘state’’ to include American 

Samoa, they may be a co-manager of 

National Marine Sanctuary of American 

Samoa, and the American Samoa 

Department of Commerce acts as the 

lead territorial agency. 

59. E–8 Comment: Commenters 

requested that NOAA co-manage the 

sanctuary with Native Hawaiians, 

noting that it is critical for Native 

Hawaiians to be present, participatory, 

and empowered in all decision-making 

aspects regarding Papaha ̄naumokua ̄kea. 

Commenters requested that Native 

Hawaiians should direct and oversee 

plans for the sanctuary, and that NOAA 

should defer to opinions of Native 

Hawaiian groups and agencies. Some 

commenters suggested that management 

with Native Hawaiians go beyond comanagement with OHA. 

Response: See the response to E.7, 

regarding how NOAA will manage the 

sanctuary in partnership with OHA, but 

NOAA also agrees that there are 

opportunities for co-stewardship with 

the Ka ̄naka 1O ̄ iwi community beyond 

OHA. NOAA agrees that it is important 

to have Ka ̄naka 1O ̄ iwi expertise in 

management, including in leadership 

roles and that growing long-lasting 

partnerships with existing Ka ̄naka 1O ̄ iwi 

community partners is integral to 

management of the sanctuary (see the 

responses to C.2 and K.1). 

NOAA has a responsibility to, and 

takes opportunities to work through 

equitable partnerships with all 

Indigenous Peoples. The Imila-alpa 

Commitments demonstrate ONMS’ 

dedication to strengthening partnerships 

with Indigenous governments, 

organizations, and communities and 

ensuring that ONMS’ intentions align 

with its actions. The commitments also 

state that ONMS will work to 

implement White House and NOAA 

guidance on integrating Indigenous 

knowledge into processes and 

approaches. 

60. E–9 Comment: Commenters 

suggested or requested that the Native 

Hawaiian CWG be granted authority in 

reviewing and approving permits to 

access Papaha ̄naumokua ̄kea and/or be 

granted authority to vet the permit 

applications. Some commenters 

suggested that the Native Hawaiian 

Cultural Working Group should be 

included as a fifth co-trustee of the 

Monument. 

Response: For more than 20 years, the 

CWG, which advises OHA as a cotrustee of the Monument, has provided 

guidance and an important Native 

Hawaiian perspective to inform 

Monument management. The CWG is a 

group of Ka ̄naka 1O ̄ iwi ku ̄puna (elders), 

researchers, cultural practitioners, 

educators, and community members 

that have deep connections and 

historical ties to Papaha ̄naumokua ̄kea 

through a living pilina (relationship) 

bound by genealogy, cultural protocols, 

and values building contemporary 

multi-disciplinary research and 

practice. The CWG and many of its 

members have been involved since 

ONMS created the CWG following the 

establishment of the Northwest 

Hawaiian Islands Coral Reef Ecosystem 

Reserve in 2000. The CWG has a permit 

subcommittee that reviews Monument 

permits and provides input to OHA, a 

Monument co-trustee who also sits on 

the Monument permit working group. 

The sanctuary permitting system will 

complement the existing Monument 

permitting system, and was developed 

to allow for integration with the 

Monument permitting system, to ensure 

continued joint permitting administered 

by the MMB. Therefore, NOAA intends 

for the CWG to continue to provide 

advice and guidance on permitting for 

Papaha ̄naumokua ̄kea. 

Consideration of the CWG as a cotrustee of the Monument is outside the 

scope of the action to designate a 

national marine sanctuary, because a 

sanctuary designation would not alter 

the underlying Monument management 

structure. 

61. E–10 Comment: Commenters 

expressed concerns regarding NOAA 

being the primary manager of the 

proposed sanctuary, and questioned 

what role the State of Hawai1i had in 

developing the proposed sanctuary. One 

commenter requested that there be a 

checks and balance system with the 

State of Hawai1i and Native Hawaiian 

groups when reviewing the objectives, 

actions, regulations, exceptions, 

permits, and penalties. 

Response: The NMSA provides 

authority for NOAA, among other 

things, to designate a sanctuary and 

promulgate regulations implementing 

the designation. Pursuant to the NMSA, 

states may choose to have a role in comanaging a sanctuary if all or part of the 

proposed sanctuary is within the 

territorial limits of any state. As the 

sanctuary includes state waters, NOAA 

will co-manage the sanctuary with the 

State of Hawai1i. NOAA establishes the 

framework for co-management in 

Section 922.242 of the final rule and 

may update existing agreements or 

develop additional agreements with the 

State of Hawai1i to clarify the terms of 

co-management. Any future proposed 

changes to sanctuary regulations or 

boundaries would be coordinated with 

the State and subject to public review as 

mandated by the NMSA and other 

Federal statutes. 

The State of Hawai1i also supports the 

sanctuary proposal. While NOAA was 

the lead Federal agency in the 

preparation of the EIS, the State of 

Hawai1i served as a cooperating agency 

and co-developed the draft EIS and final 

EIS, which was also developed in 

accordance with the Hawai1i 

Environmental Policy Act (HEPA, 

Chapter 343 HRS, HAR Chapter 11– 

200.1). The State of Hawai1i also codeveloped the sanctuary management 

plan. 

62. F–1 Comment: Some commenters 

opposed the exemption for ‘‘scientific 

exploration or research activities by or 

for the Secretary of Commerce or the 

Secretary of the Interior when the 

activity occurs in the Outer Sanctuary 

Zone.’’ Commenters stated that the 

exemption may provide a loophole to 

permit large-scale take/extraction of 

resources. Commenters felt that the 

Department of Commerce and the 

Department of the Interior should still 

be required to obtain sanctuary permits. 

Response: Presidential Proclamation 

9478, which designated the MEA, 

specifically states that the prohibitions 

‘‘shall not restrict scientific exploration 

or research activities by or for the 

Secretaries and nothing in this 

proclamation shall be construed to 

require a permit or other authorization 

from the other Secretary for their 

respective scientific activities.’’ 

Presidential Proclamation 9478 further 

highlights the significant scientific 

value of the MEA and underscores the 

opportunities for research and discovery 

to occur in that area, including 

understanding the impacts of climate 

change on deep-sea communities and 

identifying new species. NOAA is 

exempting scientific exploration or 

research activities from the sanctuary’s 


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prohibitions and permitting 

requirements for both the Department of 

Commerce and the Department of 

Interior within the Outer Sanctuary 

Zone, to be consistent with Presidential 

Proclamation 9478. However, such 

activities must still comply with other 

Federal environmental laws such as the 

NEPA, the Endangered Species Act, the 

NMSA section 304(d), and the Marine 

Mammal Protection Act 

63. F–2 Comment: Commenters 

requested that Hawaiian-focused 

research conducted by Hawaiians be 

prioritized by providing an exemption 

for these activities. 

Response: The sanctuary permitting 

system and the exemptions were 

modeled after the existing Monument 

permitting system. The sanctuary 

permitting system would not supplant 

the existing permitting system for the 

Monument and was developed to ensure 

a continued joint permitting system 

administered by the MMB. Therefore, 

rather than introducing a new 

exemption, NOAA and the State will 

work to prioritize Hawaiian-focused 

research through other practices, as 

described in the draft sanctuary 

management plan (final EIS Appendix 

A), including: 

• supporting and facilitating Ka ̄naka 

1O ̄ iwi (Native Hawaiian) access and 

research (Strategy 2.6); 

• weaving together multiple 

knowledge systems, values, practices, 

and methods, in science and research 

(Strategy 2.7); and 

• supporting research initiatives that 

focus on next-generation capacity 

building for leadership succession of 

Ka ̄naka 1O ̄ iwi (Native Hawaiian) and 

Pacific Islanders who are severely 

underrepresented in STEM and ocean 

sciences (Strategy 2.8). 

64. F–3 Comment: Some commenters 

opposed the exemption for the activities 

and exercises of the U.S. Armed Forces, 

noting specific concern for military 

sonar activity. 

Response: The sanctuary regulations 

and both Presidential Proclamations 

8031 and 9478 include a broad 

exemption to allow activities and 

exercises of the U.S. Armed Forces, 

including those carried out by the U.S. 

Coast Guard. The sanctuary regulations 

specify that all activities and exercises 

of the Armed Forces shall be carried out 

in a manner that avoids, to the extent 

practicable and consistent with 

operational requirements, adverse 

impacts on sanctuary resources and 

qualities. For any Federal agency 

actions, including actions of the Armed 

Forces that are likely to destroy, cause 

the loss of, or injure sanctuary 

resources, the Armed Forces must 

comply with the consultation 

requirements outlined in Section 304(d) 

of the NMSA, regardless of whether 

those actions are exempted from the 

sanctuary’s regulations. 

65. F–4 Comment: Commenters 

expressed opposition to the exemption 

for non-commercial fishing activities 

authorized under the MSA. Commenters 

stated that non-commercial fishing 

permit holders should not have 

exemptions to conduct the otherwise 

prohibited and regulated activities of 

the sanctuary and that any noncommercial fishing activities should 

still require a separate sanctuary permit. 

One commenter stated that ONMS 

should promulgate regulations under 

the National Marine Sanctuaries Act as 

a backstop and not rely solely on the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

application. Commenters stated that the 

exemption for non-commercial fishing 

is counter to Mai Ka Po ̄ Mai. 

Commenters also requested that NOAA 

gather more input from the Native 

Hawaiian community, including the 

OHA and the Native Hawaiian Cultural 

Working Group on this topic. 

Response: As required by Section 

304(a)(5) of the NMSA, NOAA provided 

the WPRFMC with the opportunity to 

recommend any draft fishing regulations 

it deemed necessary to implement the 

proposed sanctuary designation. NOAA 

participated in six public meetings 

hosted by the WPRFMC on November 

1st, 3rd, 4th, 5th, 8th, and 10th of 2022, 

which were focused on the development 

of fishing regulations for the area of the 

proposed sanctuary that overlaps with 

the MEA. In December 2022, the 

WPRFMC provided a recommendation 

for non-commercial fishing regulations 

for the area of the proposed sanctuary 

that overlaps with the MEA. NOAA 

accepted the majority of the WPRFMC’s 

recommendations, as they were found to 

fulfill the purposes and policies of the 

NMSA and the goals and objectives of 

the proposed sanctuary designation. 

However, the WPRFMC’s 

recommendation to provide Native 

Hawaiian subsistence practices fishing 

permit applicants the ability to request 

limited cost recovery by selling their 

catch in the permit application process 

through a statement of need for cost 

recovery along with expected costs, 

failed to fulfill the purposes and 

policies of the NMSA and the goals and 

objectives of the proposed sanctuary 

designation. Additionally, NOAA found 

that the allowance of ‘‘sale’’ under a 

Native Hawaiian subsistence practices 

fishing permit is inconsistent with the 

State’s constitutional protection of 

Native Hawaiian traditional and 

customary rights. 

Accordingly, the sanctuary 

regulations proposed that prohibitions 

in paragraphs (a)(7) through (14) in 

Section 922.244 would not apply to 

non-commercial fishing activities in the 

Outer Sanctuary Zone authorized under 

the MSA, provided that no sale of 

harvested fish occurs. In response to 

comments of concern for this 

exemption, NOAA has made changes to 

ensure that a non-commercial fishing 

permit authorized under the MSA is 

only exempt from a limited subset of 

prohibited or otherwise regulated 

activities that may only be conducted as 

incidental to and necessary to a lawful 

non-commercial fishing activity. NOAA 

has also clarified that this narrow 

exemption from the sanctuary’s 

permitting requirements is only 

applicable provided that the fish 

harvested, either in whole or in part, are 

neither intended to enter commerce nor 

enter commerce through sale, barter, or 

trade and that the resource is managed 

sustainably, consistent with Presidential 

Proclamation 9478. Moreover, 

consistent with the outcome of the 

NMSA Section 304(a)(5) process, for the 

exemption to apply, the fish harvested, 

either in whole or in part, are not 

intended to be sold and shall not be sold 

for any purposes, including, but not 

limited to, cost-recovery. See the final 

EIS, Section 3.3.1. 

NOAA is preparing a separate 

proposed rule for regulations governing 

fishing in the MEA under the authority 

of the MSA, and will accept public 

comment on the proposal. NOAA and 

the State of Hawai1i encourage the 

commenter to participate in the future 

public review process for the proposed 

rule and any associated NEPA and/or 

other environmental compliance 

documentation for non-commercial 

fishing regulations in the MEA. Until a 

public process is conducted, and a final 

rule is issued for fishing regulations 

under the authority of the MSA, noncommercial fishing permits will not be 

issued for the MEA/Outer Sanctuary 

Zone. Consistent with existing 

Monument management, the sanctuary 

may authorize sustenance fishing 

outside of any special preservation area 

as a term or condition of any sanctuary 

permit. 

66. F–5 Comment: Commenters 

requested a prohibition on mining, and/ 

or stating opposition to mining 

activities, or any exemption allowing 

them. 

Response: Consistent with the 

presidential proclamations establishing 

the Monument, NOAA will prohibit 

exploring for, developing, or producing 


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oil, gas, or minerals to protect sanctuary 

resources. NOAA will also prohibit 

‘‘any energy development activities’’ to 

further the underlying intent of the 

prohibition on oil, gas, and mineral 

development by accounting for 

technological advances in other forms of 

energy development. Likewise, NOAA 

is not providing an exemption for 

mining activities. 

67. F–6 Comment: A commenter 

stated that scientific or management 

activities undertaken by the USFWS 

within the Monument are not subject to 

any additional sanctuary requirements 

or authorization from NOAA. 

Response: Nothing in the 

establishment of the national marine 

sanctuary will diminish USFWS’s 

authority to administer Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge under 

the National Wildlife Refuge System 

Administration Act. Where 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary overlays Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge, NOAA 

will implement the National Marine 

Sanctuaries Act to provide 

supplemental authority to protect 

resources. In other sanctuary sites when 

there is jurisdictional overlap between 

NOAA and USFWS, the agencies have 

worked to implement their respective 

authorities in a manner that 

complements, but does not diminish or 

interfere with, existing authorities and 

would strengthen existing protections 

and management. NOAA and USFWS 

are developing an agreement to provide 

details on the execution of sanctuary 

management where the national marine 

sanctuary overlaps with Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge. 

The sanctuary permitting system was 

modeled after the existing Monument 

permitting system to ensure a single 

joint permitting system continues to be 

administered by the MMB. In addition, 

this final rule does not include 

authorization authority for the 

sanctuary. Consistent with Presidential 

Proclamation 9478, the sanctuary 

regulations exempt both the DOC/ 

NOAA and the DOI/USFWS from the 

prohibitions, including the need to 

obtain a permit or authorization from 

the Secretary of Commerce in order to 

conduct scientific exploration or 

research activities in the MEA. NOAA 

has clarified the proposed framework 

for management and permitting in 

partnership with USFWS and the other 

Monument managers in the final EIS, 

Section 3.3.1. 

68. G–1 Comment: Some commenters 

requested an extension of the public 

comment period and/or additional 

virtual public meetings. Some 

commenters expressed concern that 

there was not adequate public 

education, engagement, and notification 

for the public comment period and 

meetings; that the methods for comment 

were not accessible for all and/or not an 

adequate way to gauge support or 

opposition; and that all communities, 

specifically the fishing community, 

were not properly engaged in the 

comment period. One commenter 

expressed concern that the public 

meetings did not allow for agency 

responses or answers to oral testimony 

and requested that the NOAA website 

provide responses to frequently asked 

questions from the public meetings. 

Response: NOAA followed the 

designation processes and procedures as 

required pursuant to the NMSA and 

NEPA, both of which require broad 

public participation, as well as the 

Administrative Procedure Act’s notice 

requirements. The public comment 

period took place over the course of 68 

days from March 1 to May 7, 2024. 

NOAA accepted public comments 

through the Federal eRulemaking Portal 

and by traditional mail. NOAA also 

encouraged public comments in both 

English and 1O ̄ lelo Hawai1i (Hawaiian 

language). NOAA and the State held 11 

public comment meetings (nine inperson and two virtual). Additionally, 

prior to the public comment meetings, 

the State of Hawai1i Division of Aquatic 

Resources held a virtual public 

informational meeting to engage the 

public. NOAA and the State of Hawai1i 

provided question and answer sessions 

at the in-person public meetings, prior 

to and following the formal oral 

comment portion of the meeting. 

NOAA also posted sanctuary 

designation process information and 

FAQs on the ONMS website in response 

to questions received during public 

meetings. NOAA believes that it has 

fairly engaged with and considered 

input from local communities, Ka ̄naka 

1O ̄ iwi, government, and other 

stakeholders through extensive 

consultations, meetings, and 

discussions about sanctuary 

designation, and that draft designation 

documents and process steps have 

complied with applicable laws and 

policies, including the NMSA, NEPA, 

Administrative Procedure Act, and 

Section 106 of the National Historic 

Preservation Act. For more details 

regarding the public engagement 

process, see the final EIS, sections 1.3.1 

and 1.3.2. 

NOAA also specifically engaged with 

the fishing community and consulted 

with the WPRFMC as required by 

Section 304(a)(5) of the NMSA. Through 

this consultation, NOAA provided the 

WPRFMC with the opportunity to 

recommend any draft fishing regulations 

it deemed necessary to implement the 

proposed sanctuary designation. NOAA 

and the State of Hawai1i also 

participated in six public meetings 

hosted by the WPRFMC on November 

1st, 3rd, 4th, 5th, 8th, and 10th of 2022, 

which were focused on the development 

of fishing regulations for the area of the 

proposed sanctuary that overlaps with 

the MEA. 

69. H–2 Comment: A commenter 

recommended that, in describing the 

purposes and policies of the NMSA, and 

specifically, 16 U.S.C 1431 (b)(4), 

NOAA should define ‘‘sustainable use’’ 

as ‘‘to provide enhanced protections for 

pristine marine waters,’’ and prohibit 

use of the waters or marine ecosystems. 

Response: The NMSA authorizes the 

Secretary of Commerce to designate 

national marine sanctuaries that meet 

the purposes and policies of the NMSA, 

including 16 U.S.C. 1431(b)(4), which 

focuses, in part, on the sustainable use 

of the marine environment. The 

sanctuary regulations build upon the 

existing protections for the 

Northwestern Hawaiian Islands, which 

provide for both restricted access to the 

area and responsible use subject to strict 

permitting terms and conditions. Given 

this management model, NOAA does 

not see a need for the sanctuary 

regulations to define ‘‘sustainable use’’ 

at this time. 

70. I–1 Comment: Some commenters 

recommended that NOAA select 

Alternative 3, a boundary which 

excludes the waters of Midway Atoll 

and Hawaiian Islands National Wildlife 

Refuges. Commenters provided several 

reasons for supporting Alternative 3, 

including that the USFWS should have 

sole jurisdiction to manage the national 

wildlife refuges; that a sanctuary that 

overlaps with the national wildlife 

refuges would be inconsistent with 

presidential proclamations that created 

the Monument; that a sanctuary that 

overlaps with the national wildlife 

refuges would not comply with the 

National Wildlife Refuge System 

Administration Act; and that a 

sanctuary that overlaps with the 

national wildlife refuges may negatively 

impact the USFWS management of the 

national wildlife refuges. 

Response: NOAA identified 

Alternative 1 (which would include the 

waters of Midway Atoll and Hawaiian 

Islands National Wildlife Refuges in the 

proposed sanctuary) as the AgencyPreferred Alternative based on its 

comparative merits. Nothing in the 

establishment of the national marine 


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sanctuary will diminish USFWS’s 

authority to administer Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge under 

the National Wildlife Refuge System 

Administration Act. Where 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary overlays Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge, NOAA 

will implement the NMSA to provide 

supplemental authority to protect 

resources. NOAA and USFWS are 

developing an agreement to provide 

details on the execution of sanctuary 

management where the national marine 

sanctuary overlaps with Midway Atoll 

National Wildlife Refuge and Hawaiian 

Islands National Wildlife Refuge. 

In addition, the existing Monument is 

already jointly administered through a 

seven-member Monument Management 

Board, which includes NOAA’s ONMS. 

ONMS and the USFWS have been 

cooperatively managing the area of the 

proposed sanctuary for nearly 20 years. 

As a result of the existing Monument 

management framework, of which 

ONMS is a critical part, this sanctuary 

rule has been specifically designed not 

to create any regulatory inconsistencies, 

and to ensure consistent management 

between the Monument, the national 

wildlife refuges, and the sanctuary. 

Further, both NOAA and the State 

disagree that the designation is 

inconsistent with the directives that 

established the Northwestern Hawaiian 

Islands Coral Reef Ecosystem Reserve 

and the Monument. In part, the purpose 

of the designation is to specifically 

implement the provisions of Executive 

Order 13178, Presidential Proclamation 

9478, and the Joint Explanatory 

Statement accompanying the 

Consolidated Appropriations Act, 2021, 

that directed NOAA to consider 

initiating the sanctuary designation 

process. 

71. I–2 Comment: Commenters 

expressed opposition to any sanctuary 

that would include additional portions 

of Middle Bank, beyond the areas that 

are included in the Monument. 

Response: NOAA considered 

designating a sanctuary that expanded 

beyond the southeastern portion of the 

Monument boundary to include Middle 

Bank. However, NOAA eliminated this 

alternative from detailed study, as 

described in the draft and final EIS, 

Section 3.7. 

72. I–3 Comment: Commenters 

requested that NOAA consider 

including most or all of Middle Bank in 

the proposed sanctuary boundary, 

because of the scientific, ecological, and 

commercial benefits of the area. 

Commenters also requested that NOAA 

consider expanding the boundary to 

include more area. 

Response: NOAA identified 

Alternative 1 (which is coextensive with 

marine portions of the Monument) as 

the Agency-Preferred Alternative based 

on its comparative merits, and therefore 

does not include all of Middle Bank or 

any additional areas that are not part of 

the Monument. This is consistent with 

the defined purpose and need and with 

the provisions of Executive Order 

13178, Presidential Proclamation 8031, 

Presidential Proclamation 9478, and the 

Joint Explanatory Statement 

accompanying the Consolidated 

Appropriations Act, 2021. 

Although NOAA considered 

sanctuary boundary alternatives that 

included Middle Bank, NOAA 

concluded that aligning the boundary of 

the sanctuary with that of the 

Monument best fulfills the purposes and 

policies of the NMSA. In addition, the 

NMSA directs NOAA that it may 

designate any discrete area of the 

marine environment as a national 

marine sanctuary and promulgate 

regulations implementing the 

designation if it is determined that the 

area is of a size and nature that will 

permit comprehensive and coordinated 

conservation and management. NOAA 

concluded that any boundary alternative 

that expands beyond the existing 

boundaries of PMNM and the MEA 

would not be practicable in light of the 

need for comprehensive and 

coordinated management in a manner 

which complements the existing 

Monument management framework. 

NOAA has added these clarifications to 

the draft and final EIS, Section 3.7.1. 

73. I–4 Comment: Commenters 

recommended Alternative 2, a boundary 

which excludes the MEA, as the 

preferred alternative. Some commenters 

expressed support for this alternative, 

emphasizing that excluding the MEA 

may allow for more fishing, including 

commercial fishing, in that area. 

Response: NOAA identified 

Alternative 1 as the Agency-Preferred 

Alternative, which includes the MEA, 

based on its comparative merits. This 

final rule implements and is consistent 

with directives in Presidential 

Proclamation 9478, which has the force 

of law. Presidential Proclamation 9478, 

which designated the MEA, prohibits 

commercial fishing and provides that 

non-commercial fishing may be a 

regulated activity (i.e., allowed only 

with a permit). Selection of Alternative 

2 would not alter the directives 

provided in Presidential Proclamation 

9478, including the prohibition on 

commercial fishing in the MEA. 

74. I–5 Comment: A commenter 

requested the inclusion of a legal 

definition of shoreline delineation in 

relation to iron seawall ruins and rubble 

at Tern Island, and questioned if the 

seawall and debris would be included 

in the sanctuary boundary. 

Response: The shoreline in the State 

of Hawai1i as defined by the Hawai1i 

Department of Land and Natural 

Resources is ‘‘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 occur, usually 

evidenced by the edge of vegetation 

growth, or the upper limit of debris left 

by the wash of the waves’’ (HAR § 13– 

222). The Coastal Lands Program of the 

Hawai1i Department of Land and Natural 

Resources, Office of Conservation and 

Coastal Lands maintains the State of 

Hawaii Shoreline Certification Program 

(see Shoreline Certification Rules in 

HAR § 13–222). It is this program that 

would determine where the shoreline is 

delineated in the location of the iron 

seawall on Tern Island when necessary. 

Therefore, under the current definitions, 

any debris or rubble or portion of the 

Tern Island iron seawall that occurs 

seaward of this shoreline as defined by 

the State of Hawai1i will be within the 

sanctuary, and that which occurs 

upland of the shoreline will be outside 

the sanctuary. 

75. I–6 Comment: A commenter 

requested that the shoreward boundary 

be extended to the mean high tide. 

Response: NOAA considered an 

alternative that designated the mean 

high tide line as the shoreward 

boundary, but eliminated this 

alternative from detailed study (see 

Section 3.7.1 of the EIS). NOAA 

typically uses the shoreline as legally 

defined by the State within which the 

national marine sanctuary occurs, 

because the shoreline delineates the 

boundary between public and private 

land. The shoreline in the State of 

Hawai1i as defined by the Hawai1i 

Department of Land and Natural 

Resources is ‘‘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 occur, usually 

evidenced by the edge of vegetation 

growth, or the upper limit of debris left 

by the wash of the waves’’ (HAR § 13– 

222). NOAA strives to designate a 

sanctuary which supplements and 

complements existing authorities, and 

this designation adheres to both the 

State’s definition as well as the current 

landward boundary designation of the 

Monument. 


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76. J–12 Comment: Commenters 

expressed concerns regarding the lack of 

analysis and description on NOAA’s 

ability to issue ‘‘emergency regulations’’ 

to prevent or minimize the loss or injury 

to a sanctuary resource. The commenter 

stated that the regulations issued jointly 

by NOAA and USFWS in 2006 for the 

original Monument contain an 

exemption from prohibitions for 

emergency actions, and that Presidential 

Proclamation 9478 specifically exempts 

from prohibitions activities ‘‘necessary 

to respond to emergencies threatening 

life, property, or the environment, or to 

activities necessary for law enforcement 

purposes.’’ The commenters questioned 

why sanctuary authority to issue 

sanctuary regulations is necessary given 

existing provisions and regulations for 

the Monument. 

Response: NOAA acknowledges that 

the existing management of the area 

includes exemptions for any activity 

necessary to respond to emergencies 

that threaten life, property, or the 

environment, or to activities necessary 

for law enforcement purposes. These 

exemptions are also included in the 

sanctuary regulations. However, 

NOAA’s references to ‘‘emergency 

regulations’’ throughout the EIS are not 

referring to this exemption, but to 

NOAA’s authority pursuant to 15 CFR 

922.7, which states that ‘‘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 and all 

such activities are subject to immediate 

temporary regulation, including 

prohibition.’’ This authority may be 

useful in implementing immediate 

temporary regulations to protect 

resources following incidents of 

resource damages, such as vessel 

groundings or disease. NOAA has added 

information regarding emergency 

regulations in the final rule, Section 

IV.O. 

77. K–6 Comment: Commenters 

suggested that scientific research should 

not be conducted in a way that would 

harm resources. Commenters also 

expressed concerns about the use of 

remotely operated vehicles (ROVs) and 

other scientific instruments on the 

seafloor. 

Response: The sanctuary includes a 

permitting system modeled after the 

existing Monument permitting system, 

such that there are sufficient safeguards 

in place that apply to the permit review 

process for all activities, including for 

scientific research and ROVs. The 

sanctuary has adopted the same permit 

criteria as currently required for 

Monument permits, including that the 

proposed activity will be conducted in 

a manner compatible with resource 

protection. In addition, conditions can 

be placed on the permit specific to the 

activity being permitted and permit 

applications would be reviewed with 

respect to all other pertinent regulations 

and statutes, including NEPA, 42 U.S.C. 

4321 et seq., and any required 

consultations, permits, or 

authorizations. 

78. K–8 Comment: A commenter 

suggested that NOAA leave Battle of 

Midway vessels and aircraft 

undisturbed to be respectful of the war 

and preserve the materials for future 

archaeological purposes. 

Response: NOAA’s management 

principles emphasize an in-situ 

management approach for the long-term 

protection of site information and 

integrity, as well as other preservation 

methods and activities outlined in the 

ONMS policy guidance document 

Monitoring and Management of 

Tangible Maritime Heritage Resources. 

The Sunken Military Craft Act of 2004 

preserves and protects all sunken 

military craft that are owned by the U.S. 

government, as well as foreign sunken 

military craft that lie within U.S. waters, 

from unauthorized disturbances. 

79. K–10: Commenters expressed 

concerns regarding the impacts of sonar 

activity and underwater detonations to 

marine mammals, fish, sea turtles, and 

sea invertebrates. Commenters 

specifically expressed concern with 

impacts from sonar activity and testing 

by the military. One commenter 

recommended mid-frequency active 

sonar as an alternative technology. 

Response: Consistent with the 

presidential proclamations establishing 

the Monument, NOAA will prohibit 

‘‘using or attempting to use poisons, 

electrical charges, or explosives in the 

collection or harvest of a sanctuary 

resource.’’ NOAA will also prohibit, 

unless conducted pursuant to a permit 

‘‘removing, moving, taking, harvesting, 

possessing, injuring, disturbing, or 

damaging; or attempting to remove, 

move, take, harvest, possess, injure, 

disturb, or damage any living or 

nonliving sanctuary resource.’’ The use 

of sonar by U.S. Armed Forces is a 

lawful Armed Forces activity and the 

use has been analyzed by the U.S Navy 

within prior environmental planning 

documents (HSTT, 2018) and is subject 

to other applicable laws, permits, and 

authorizations, including the MMPA. 

NOAA provides a broad exemption to 

allow activities and exercises of the U.S. 

Armed Forces, including those carried 

out by the U.S. Coast Guard, to be 

consistent with existing management of 

this area, as provided for the Monument 

by Presidential Proclamations 8031 and 

9478. However, all activities and 

exercises of the Armed Forces shall be 

carried out in a manner that avoids, to 

the extent practicable and consistent 

with operational requirements, adverse 

impacts on sanctuary resources and 

qualities. See also the F.3 response. 

80. K–11 Comment: A commenter 

recommended protections for kohola ̄

(humpback whale) that are similar to the 

protections included in Hawaiian 

Islands Humpback Whale National 

Marine Sanctuary, including vessel 

rules, restrictions on sonar, and 

maintaining a minimum distance away 

from kohola ̄. 

Response: NOAA will prohibit several 

activities in the sanctuary that are 

responsive to this comment, consistent 

with the presidential proclamations 

establishing the Monument. The 

prohibitions most relevant for the 

protection of humpback whales include 

prohibitions on ‘‘removing, moving, 

taking, harvesting, possessing, injuring, 

disturbing, or damaging; or attempting 

to remove, move, take, harvest, possess, 

injure, disturb, or damage any living or 

nonliving sanctuary resource’’ and 

‘‘attracting any living sanctuary 

resource.’’ The use of sonar by the U.S. 

Armed Forces is a lawful activity of the 

Armed Forces, but is subject to other 

applicable laws, permits, and 

authorizations, including the MMPA. 

81. K–12 Comment: A commenter 

requested that the Outer Sanctuary Zone 

be named ‘‘pu1uhonua,’’ which means a 

place of safety and refuge. Another 

commenter asked if there would be a 

process for naming this area of the 

sanctuary. 

Response: NOAA will give further 

consideration to this and would like to 

ensure an inclusive process that allows 

for additional input and discussion from 

all stakeholders and Monument cotrustees regarding a name for the Outer 

Sanctuary Zone. The proposed name 

and the process of naming this Outer 

Sanctuary Zone will be discussed 

within the Papaha ̄naumokua ̄kea Native 

Hawaiian CWG, facilitated by OHA. 

82. L–5 Comment: A commenter 

requested that the rule language be 

revised to allow for an ongoing process 

for updating the sanctuary regulations. 

Specifically, the commenter suggested 

replacing the words ‘‘as may be 

necessary,’’ in the Terms of Designation, 

Activities Subject to Regulation section, 

with ‘‘on an ongoing basis.’’ 

Response: The terms of designation, 

as defined under section 304(a)(4) of the 

NMSA, may be modified only by the 

same procedures by which the original 

designation is made, including public 

hearings, consultations with interested 


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Federal, Tribal, State, regional, and local 

authorities and agencies, review by the 

appropriate Congressional committees, 

and approval by the Secretary of 

Commerce, or his or her designee. Any 

future proposed changes to sanctuary 

regulations or boundaries would be 

subject to public review as mandated by 

the NMSA and other Federal statutes. 

83. L–6 Comment: A commenter 

provided questions and suggestions 

regarding perceived data anomalies in 

the boundary description, including: 

• ‘‘The proposed SMA and SPA 

boundaries do not coincide with the 

boundaries as described in Presidential 

Proclamation 8031 nor do they coincide 

with the proclamation’s SMA and 

certain SPA boundaries as charted on 

ENCs that are larger scale than Band 2 

(General Navigational Purpose). It 

appears that the coordinates of the 

proposed boundaries may have been 

derived from the SMA and SPA 

boundaries of the national monument as 

depicted on the Band 2 ENCs. 

• Appendix A to Subpart W, Points 

610–662—Papaha ̄naumokua ̄kea 

National Marine Sanctuary Boundary: 

Points 610 through 662 form the 

easternmost extent of the proposed 

sanctuary boundary. However, these 

points are coincident with a portion of 

the Inner Reporting Area Boundary 

Around Nihoa ATBA. Should Points 

610 through 662 be coincident with the 

Reporting Area Outer Boundary instead 

of the Inner Reporting Area Boundary? 

• Pages 15302–15303, Appendix D to 

Subpart W—Unnamed, unnumbered 

table: ONMS did not designate a table 

number and name for the first set of 

coordinates that encompasses Kure 

Atoll. 

• Pages 15306–15307, Appendix E to 

Subpart W, Table 1—Ship Reporting 

Area (Reporting Area Outer Boundary): 

According to FR page 15278, Column 1: 

‘‘NOAA proposes to establish this 

reporting area, which would be defined 

as ‘‘the area of the proposed sanctuary 

that extends outward ten nautical miles 

from the PSSA [Particularly Sensitive 

Sea Area] boundary, as designated by 

the IMO. . .’’ The coordinates for the 

Reporting Area Outer Boundary of 

Appendix E/Table 1 do not completely 

coincide with a 10–NM buffer (geodesic) 

from the PSSA boundary per the 

International Maritime Organization 

(IMO). I recommend a re-evaluation of 

the boundary points for the Reporting 

Area Outer Boundary.’’ 

Response: The boundary 

discrepancies in the special 

management area and special 

preservation areas have been corrected 

and the updated coordinate tables, 

appended to this final rule, will 

correspond to the coordinates as 

described in Presidential Proclamation 

8031. 

Regarding the outer boundary of the 

Reporting Area, NOAA will define the 

Reporting Area as was defined by IMO 

Resolution MSC.171(57) and the 

subsequent amendment IMO Resolution 

MSC.279(85) adopted in December 

2008. This boundary has been corrected 

and is now described citing the 

geographic coordinates of the outer 

boundary of the ‘‘CORALSHIPREP’’ 

reporting area of IMO Resolution 

MSC.279(85). 

Regarding the missing designation of 

a table number and name for the first set 

of coordinates that encompass the Kure 

Atoll Special Preservation Area, after 

investigating the issue, NOAA 

determined that the table did in fact 

have a name and number as referenced 

at the web address and therefore no 

corrective action was necessary. 

Regarding the portion of the proposed 

sanctuary boundary identified as being 

coincident with the Inner Ship 

Reporting Area Boundary around the 

Nihoa Area to be Avoided, NOAA 

determined that this portion of the 

boundary was the same as that used for 

both the original and expanded marine 

national monument, and intends that it 

will also be used for this portion of the 

national marine sanctuary boundary. 

Therefore, no edits were necessary. 

VI. Classification 

A. National Marine Sanctuaries Act 

NOAA consulted with the WPRFMC 

as required by section 304(a)(5) of the 

NMSA. Through this consultation, 

NOAA provided the WPRFMC with the 

opportunity to recommend any draft 

fishing regulations it deemed necessary 

to implement the proposed sanctuary 

designation. NOAA initiated the 

consultation on November 19, 2021. On 

March 22, 2022, the WPRFMC agreed to 

develop draft fishing regulations for the 

proposed sanctuary. NOAA participated 

in six public meetings hosted by the 

WPRFMC on November 1st, 3rd, 4th, 

5th, 8th, and 10th of 2022, which were 

focused on the development of fishing 

regulations for the area of the proposed 

sanctuary that overlaps with the MEA. 

At its 193rd meeting in December of 

2022, the WPRFMC provided a final 

recommendation. NOAA found that the 

final recommendation, in part, did not 

fulfill the purposes and policies of the 

NMSA and the goals and objectives of 

the proposed designation. The 

WPRFMC amended their 

recommendation during their 194th 

meeting in March of 2023, and 

submitted a revised final 

recommendation to NOAA on April 14, 

2023. 

In May of 2023, NOAA accepted the 

majority of the WPRFMC’s 

recommendation as it fulfilled the 

purposes and policies of the NMSA and 

the goals and objectives of the proposed 

sanctuary designation. However, the 

WPRFMC’s recommendation for the 

disposition of Native Hawaiian 

Subsistence Practices Fishing catch, 

which would provide permit applicants 

the ability to request limited costrecovery by selling their catch, was 

rejected by NOAA in a decision letter 

dated May 31, 2023. As NOAA 

explained in the letter, any 

recommendation for the allowance of 

‘‘sale’’ is inconsistent with the goals and 

objectives of the proposed sanctuary 

designation. To reflect the outcome of 

the NMSA 304(a)(5) process, NOAA has 

prepared this final rule under the 

NMSA, and is preparing a separate 

proposed rule for regulations governing 

fishing in the MEA under the authority 

of the MSA. 

Pursuant to section 304(a)(1)(C) of the 

NMSA, the Committee on Natural 

Resources of the House of 

Representatives, the Committee on 

Commerce, Science, and Transportation 

of the Senate, and the Governor of 

Hawai1i will have the opportunity to 

review this final action. 

B. National Environmental Policy Act 

As described in Section I above, 

NOAA and the State of Hawai1i prepared 

a final EIS to evaluate the impacts of 

designating a national marine sanctuary, 

which considered four alternatives for 

the designation of a national marine 

sanctuary in marine portions of the 

Monument. Copies of the final EIS, final 

management plan, and Record of 

Decision are available at the website 

listed in the ADDRESSES section of this 

final rule. 

C. Executive Orders 12866: Regulatory 

Impact, 13563 Improving Regulation 

and Regulatory Review, and 14094: 

Modernizing Regulatory Review 

The Office of Management and Budget 

(OMB) has determined this final rule to 

be significant under Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ 58 FR 190 (Oct 4, 1993), as 

supplemented by Executive Order 

14094, ‘‘Modernizing Regulatory 

Review,’’ 88 FR 21879 (April 6, 2023). 

NOAA prepared an analysis of the 

potential costs and benefits associated 

with this action, which is available at 

https://sanctuaries.noaa.gov/ 

papahanaumokuakea/. 

The final rule is largely consistent 

with the existing management 


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framework for the Monument. Because 

the site-specific regulations finalized 

under the NMSA have been crafted to 

ensure consistency with Presidential 

Proclamations 8031, 8112, and 9478, the 

overall management framework for the 

area will largely remain unchanged. The 

designation would clarify aspects of 

existing Monument management and 

add to that management framework in 

ways that would have a limited effect on 

the public given that access to and 

activity within the Monument is already 

highly regulated and requires a permit 

in most instances. In most cases, permit 

applicants would be subject to 

substantially similar findings criteria 

and permitting requirements as 

currently required within the 

Monument. Further, the area of the 

sanctuary is extremely remote, nearly 

300 miles at its closest point from the 

main Hawaiian Islands, and very few 

entities operate there. Limited activities 

are expected to continue. Therefore, the 

quantifiable benefits and costs 

associated with the site-specific 

regulations are limited. The primary 

benefits of sanctuary designation are 

provided by the supplemental 

authorities provided through the NMSA 

and National Marine Sanctuary Program 

regulations. 

D. Executive Order 13132: Federalism 

Assessment 

NOAA has concluded that this 

regulatory action does not have 

federalism implications sufficient to 

warrant preparation of a federalism 

assessment under Executive Order 

13132 because NOAA supplements and 

complements State and local laws under 

the NMSA rather than supersedes or 

conflicts with them. This final rule will 

not have substantial direct effects on 

State or local governments. NOAA has 

coordinated closely with State partners 

throughout the development of this final 

rule and, where applicable and 

practicable, the final rule aligns with 

existing State regulations. In addition, 

the State of Hawai1i served as a 

cooperating agency and co-developed 

the draft EIS and final EIS, which was 

also developed in accordance with the 

Hawai1i Environmental Policy Act 

(HEPA, Chapter 343 HRS, HAR Chapter 

11–200.1). The State of Hawai1i also codeveloped the sanctuary management 

plan. NOAA has aimed for consistent 

regulations throughout sanctuary waters 

including those within State and 

Federal jurisdiction. 

E. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA; 

5 U.S.C. 601 et seq.) requires Federal 

agencies to prepare an analysis of a 

rule’s impact on small entities whenever 

the agency is required to publish a 

rulemaking, unless the agency certifies, 

pursuant to 5 U.S.C. 605, that the action 

will not have significant economic 

impact on a substantial number of small 

entities. The RFA requires agencies to 

consider, but not necessarily minimize, 

the effects of rules on small entities. The 

goal of the RFA is to inform the agency 

and public of expected economic effects 

of the rule and to ensure the agency 

considers alternatives that minimize the 

expected economic effects on small 

entities while meeting applicable goals 

and objectives. Pursuant to section 

605(b) of the RFA, the Chief Counsel for 

Regulation of the Department of 

Commerce certified to the Chief Counsel 

for Advocacy of the Small Business 

Administration that the proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. The purpose, context, and 

statutory basis for this action is 

described above and not repeated here. 

The rationale for that certification was 

set forth in the preamble of the 

proposed rule (89 FR 15272, March 1, 

2024), and NOAA’s analysis stands. 

This final rule is not expected to place 

a substantial number of small entities at 

a significant competitive disadvantage 

to large entities, and would not 

significantly reduce profits for a 

substantial number of small entities 

operating in the area of the sanctuary, as 

the overall management framework for 

the area will largely remain unchanged. 

The final rule would be largely 

consistent with the existing 

management framework for the 

Monument, which was established by 

Presidential Proclamation 8031 and 

8112 (PMNM, 0–50 nm), and by 

Presidential Proclamation 9478 (MEA, 

50–200 nm). The existing management 

framework established by these 

Presidential Proclamations has the force 

of law, and includes a permitting 

system, under which all entities are 

subject to the same reporting 

requirements. Further, very few entities 

operate in the area of the sanctuary, as 

the area of the sanctuary is extremely 

remote, nearly 300 miles at its closest 

point from the main Hawaiian Islands. 

The number of permits issued for the 

Monument annually ranged from 9 to 21 

between 2018 and 2022. 

Through this final rule, permit 

applicants, including applicants for 

activities in the area of the sanctuary 

that overlaps with the MEA, would be 

subject to substantially similar findings 

criteria and permitting requirements as 

currently required for PMNM. Based on 

the NOAA Monument manager’s site 

knowledge and experience, the final 

rule is not expected to result in an 

increase in the number of permit 

requests, as the majority of users operate 

in the area of the sanctuary that overlaps 

with PMNM, and do not solely operate 

in the area of the sanctuary that overlaps 

with the MEA. Therefore, these 

additional permitting requirements will 

not significantly reduce profits for a 

substantial number of small entities 

because most entities are already subject 

to such requirements. 

NOAA does not charge a fee for 

review and issuance of general permits, 

and there are minimal, indirect costs 

associated with the time for an 

individual to complete a permit 

application and respond to any followup questions from NOAA. While NOAA 

may assess fees for the conduct of any 

activity authorized under a special use 

permit, fees are not required and 

decisions are made on a case-by-case 

basis. No unique professional skills are 

necessary to meet these reporting 

requirements. 

Although NOAA has made minor 

technical changes and clarifications to 

the regulations from the proposed rule 

to the final rule, none of the changes 

alter the initial determination that this 

rule will not have a significant impact 

on a substantial number of small 

entities. NOAA also did not receive any 

comments relevant to the analysis or 

conclusions of this determination. 

Therefore, the determination that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities remains 

unchanged. As a result, a final 

regulatory flexibility analysis was not 

required and none was prepared. 

F. Paperwork Reduction Act 

Notwithstanding any other provisions 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information subject 

to the requirements of the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., unless that collection of 

information displays a currently valid 

OMB control number. NOAA plans to 

use an existing collection, 

Papahaˆnaumokuaˆkea Marine National 

Monument Permit Applications and 

Reports for Permits, currently approved 

under OMB Control Number 0648–0548 

in association with this final rule. This 

information collection is currently used 

to determine whether to approve or 

deny a permit application for the 

Papaha ̄naumokua ̄kea Marine National 

Monument. Information collected 

includes such items as the professional 

qualifications and financial ability of 

the applicant (as related to the requested 


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activity); the duration of the activity and 

its effects; the appropriateness of the 

methods and procedures proposed by 

the applicant for the conduct of the 

activity; and the extent to which the 

conduct of the activity may diminish or 

enhance the qualities for which the 

Monument was designated. Some of the 

information collected may also be used 

to inform management actions or 

decision making after a final decision 

has been made. Additional information 

regarding this collection of 

information—including all background 

materials—can be found at https://

www.reginfo.gov/public/do/PRAMain by 

using the search function to enter either 

the title of the collection or the OMB 

Control Number. 

NOAA believes designating a national 

marine sanctuary in the marine portions 

of the Monument will not result in a 

significant change to the burden, 

reporting, recordkeeping, and other 

compliance requirements as discussed 

in the preamble of the rule. To the 

extent compliance with this final rule 

would impose a burden on persons, 

including small businesses, NOAA 

believes this burden will be minimal. 

NOAA did not receive any comments in 

response to this determination at the 

proposed rule stage. Following 

sanctuary designation, NOAA may elect 

to re-visit the current collection to 

determine if additional changes are 

needed. Should NOAA, in consultation 

with the Department of Interior, the 

State of Hawaii, and the Office of 

Hawaiian Affairs, believe additional 

changes are needed to better facilitate 

implementation of sanctuary permitting 

and reporting, NOAA will publish a 60 

day notice announcing potential 

revisions for public comment before 

submitting materials to OMB. 

G. National Historic Preservation Act 

Section 106 of the National Historic 

Preservation Act (NHPA, 54 U.S.C. 

306108) requires Federal agencies to 

take into account the effects of their 

undertakings on historic properties and 

afford the Advisory Council on Historic 

Preservation (ACHP) the opportunity to 

comment with regard to the 

undertaking. ‘‘Historic property’’ means 

any prehistoric or historic district, site, 

building, structure, or object included in 

or eligible for inclusion in the National 

Register of Historic Places maintained 

by the Secretary of the Interior. This 

term includes artifacts, records, and 

material remains that are related to and 

located within such properties, 

including properties of traditional 

religious and cultural importance to an 

Indigenous nation or Tribe or Native 

Hawaiian organization (see 36 CFR 

800.16(l)). 

The regulations implementing section 

106 of the NHPA (36 CFR part 800) 

establish a process requiring Federal 

agencies to: (1) determine whether the 

undertaking is a type of activity that 

could affect historic properties; (2) 

identify historic properties in the area of 

potential effects; (3) assess potential 

adverse effects; and (4) resolve adverse 

effects. The regulations require that 

Federal agencies consult with States, 

Tribes, and other interested parties 

when making their effect 

determinations. 

NOAA has determined that the 

designation of a national marine 

sanctuary and related rulemaking for 

sanctuary-specific regulations meet the 

definition of an undertaking as defined 

at § 800.16(y). In fulfilling its 

responsibilities under section 106 of the 

NHPA, NOAA initiated consultation 

with the Hawai1i State Historic 

Preservation Division through the 

Hawai1i Cultural Resource Information 

System on November 21, 2021. NOAA 

also invited the Advisory Council on 

Historic Preservation (ACHP) to 

participate on November 21, 2021. 

NOAA further initiated an effort to 

identify consulting parties to participate 

in the Section 106 process through 

distribution of over 500 letters to 

individuals, organizations, and families. 

This included outreach to families with 

lineal and cultural connections to 

Papaha ̄naumokua ̄kea, cultural 

practitioners, Native Hawaiian 

Organizations, the fishing community 

(including subsistence, recreational, and 

commercial fishers), maritime heritage 

organizations, government agencies, and 

others. These letters solicited input 

regarding the identification of, and 

potential effects on, historic properties 

from the proposed sanctuary 

designation for the purpose of obtaining 

input for the Section 106 review and to 

additionally determine their interest in 

participating as a consulting party. 

Through this process NOAA identified 

31 consulting parties. 

NOAA subsequently hosted ten 

Section 106 consultation meetings with 

the consulting parties. Through these 

consultation meetings, NOAA further 

sought to invite consulting party and 

public input regarding the identification 

of, and potential effects on, historic 

properties from the proposed sanctuary 

designation. Subsequently, pursuant to 

36 CFR 800.4(d)(1) NOAA issued a 

Finding of No Historic Properties 

Affected for this undertaking (see final 

EIS Appendix C). The consulting parties 

have been notified of the finding and 

the finding was provided to the Hawai1i 

State Historic Preservation Division for 

concurrence. 

As the draft EIS was a joint FederalState action, the State also prepared a 

Cultural Impact Assessment and Legal 

Analysis pursuant to the Hawai1i 

Environmental Policy Act, Hawai1i 

Revised Statutes (HRS) section 343, the 

corresponding Hawai1i Administrative 

Rules (HAR) section 11–200.1, and the 

Environmental Council’s 1997 

Guidelines for Assessing Cultural 

Impacts. Pursuant to HRS § 6E–8 and 

HAR § 13–275–3, the Hawai1i 

Department of Land and Natural 

Resources (DLNR) submitted a written 

request to the State Historic 

Preservation Division (SHPD) for an 

agency determination letter. On June 7, 

2024, SHPD concurred with DLNR’s 

determination of no historic properties 

affected. The concurrence letter from 

the State Historic Preservation Division 

is available at https://

sanctuaries.noaa.gov/ 

papahanaumokuakea/. 

H. Sunken Military Craft Act 

The Sunken Military Craft Act of 2004 

(SMCA; Pub. L. 108–375, Title XIV, 

sections 1401 to 1408; 10 U.S.C. 113 

note) preserves and protects from 

unauthorized disturbance all sunken 

military craft that are owned by the 

United States government, as well as 

foreign sunken military craft that lie 

within United States waters, as defined 

in the SMCA. Thousands of U.S. sunken 

military craft lie in waters around the 

world, many accessible to looters, 

treasure hunters, and others who may 

cause damage to them. These craft, and 

their associated contents, represent a 

collection of non-renewable and 

significant historical resources that 

often serve as war graves, carry 

unexploded ordnance, and contain oil 

and other hazardous materials. By 

protecting sunken military craft, the 

SMCA helps reduce the potential for 

irreversible harm to these nationally 

important historical and cultural 

resources. 

Sunken military craft are 

administered by the respective Secretary 

concerned pursuant to the SMCA. The 

Secretary concerned is solely 

responsible for authorizing disturbance 

of sunken military craft under the 

SMCA, specifically for archaeological, 

historical, or educational purposes, and 

will consult with NOAA when 

considering permitting such activities. 

The Secretary concerned is also 

responsible for determinations of 

sunken military craft status and 

ownership, publicly disclosing the 

location of sunken military craft, and for 

determining eligibility and nominating 


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sunken military craft as historic 

properties to the National Register of 

Historic Places. Any agreements with 

foreign sovereigns regarding sunken 

military craft in U.S. waters are 

negotiated by the Secretary of Defense, 

the Secretary of State, and the Secretary 

of the Navy, according to authorities 

vested in each by the SMCA. The 

Secretary concerned, or his or her 

designee, and NOAA will ensure 

coordination and foster collaboration on 

any research, monitoring, and 

educational activities pertaining to 

sunken military craft located within the 

sanctuary system. 

The 1942 Battle of Midway occurred 

both at Midway Atoll as well as some 

100–150 nautical miles north of the atoll 

in the northwestern portion of 

Papaha ̄naumokua ̄kea. Aircraft carriers 

from the historic conflict have been 

located in the deep ocean, and multiple 

aircraft and sunken military vessels 

have been surveyed within the Midway 

Atoll Special Management Area. 

Hundreds of aircraft and several other 

aircraft carriers and destroyers from the 

battle remain to be discovered in 

Papaha ̄naumokua ̄kea. 

K. Coastal Zone Management Act 

(CZMA) 

Section 307 of the Coastal Zone 

Management Act (CZMA; 16 U.S.C. 

1456) requires Federal agencies to 

consult with a State’s coastal program 

on potential Federal agency activities 

that affect any land or water use or 

natural resource of the coastal zone. 

Because the sanctuary lies partially 

within State waters, NOAA submitted 

its Federal consistency determination to 

the Hawai1i Coastal Zone Management 

Program of the Office of Planning and 

Sustainable Development. NOAA’s 

analysis found the proposed action 

would be undertaken in a manner 

consistent to the maximum extent 

practicable with the enforceable policies 

of the Hawai1i Coastal Zone 

Management Program. NOAA’s Federal 

consistency determination, and the 

State of Hawai‘i May 17, 2024 

concurrence letter, are included in the 

final EIS Appendix C1. 

L. Executive Order 12898 and 14096: 

Environmental Justice 

Executive Order 12898 and Executive 

Order 14096 direct Federal agencies to 

identify and address disproportionately 

high and adverse effects of their actions 

on human health and the environment 

of communities with environmental 

justice concerns. Additionally, Federal 

agencies are directed to better protect 

overburdened communities from 

pollution and environmental harms; 

strengthen engagement with 

communities and mobilize Federal 

agencies to confront existing and legacy 

barriers and injustices; promote the 

latest science, data, and research, 

including on cumulative impacts; 

increase accountability and 

transparency in Federal environmental 

justice policy; and honor and build on 

the foundation of ongoing 

environmental justice work. The 

designation of national marine 

sanctuaries by NOAA helps to ensure 

the enhancement of environmental 

quality for all populations in the United 

States. The sanctuary designation would 

not result in disproportionate negative 

impacts on any communities with 

environmental justice concerns. In 

addition, many of the potential impacts 

from designating the sanctuary would 

result in long-term or permanent 

beneficial impacts by protecting 

resources, which may have a positive 

impact on communities by providing 

employment and educational 

opportunities, and potentially result in 

improved ecosystem services. 

List of Subjects in 15 CFR Part 922 

Administrative practice and 

procedure; Coastal zone; Cultural 

resources; Environmental; Protection; 

Fishing; Historic preservation; Marine 

protected areas; Marine resources; 

Natural resources; National marine 

sanctuaries; Penalties; Recreation and 

recreation areas; Reporting and 

recordkeeping requirements; 

Shipwrecks; Wildlife. 

Nicole R. LeBoeuf, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management, National 

Ocean Service, National Oceanic and 

Atmospheric Administration. 

For the reasons set forth above, NOAA 

amends part 922, title 15 of the Code of 

Federal Regulations as follows: 

PART 922—NATIONAL MARINE 

SANCTUARY PROGRAM 

REGULATIONS 

■ 1. The authority citation for part 922 

continues to read as follows: 

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

■ 2. Amend § 922.30 by: 

■ a. Removing the word ‘‘and’’ at the 

end of paragraph (b)(6); 

■ b. Removing the period at the end of 

paragraph (b)(7) and adding ‘‘;’’ in its 

place; and 

■ c. Adding paragraphs (b)(8) and (9). 

The additions read as follows: 

§ 922.30 National Marine Sanctuary 

general permits 

* * * * * 

(b) * * * 

(8) Native Hawaiian Practices— 

activities that allow for Native Hawaiian 

practices within Papaha ̄naumokua ̄kea 

National Marine Sanctuary; and 

(9) Recreation—recreational activities 

within Papaha ̄naumokua ̄kea National 

Marine Sanctuary limited to the 

Midway Atoll Special Management 

Area. 

■ 3. Amend § 922.33 by: 

■ a. Removing the word ‘‘and’’ at the 

end of paragraph (a)(8); 

■ b Removing the period at the end of 

paragraph (a)(9) and adding ‘‘; and’’ in 

its place; and 

■ c. Adding paragraph (a)(10). 

The addition read as follows: 

§ 922.33 Review procedures and 

evaluation. 

(a) * * * 

(10) For Papaha ̄naumokua ̄kea 

National Marine Sanctuary, there is no 

practicable alternative to conducting the 

activity within the sanctuary and the 

activity can be conducted with adequate 

safeguards for the resources and 

ecological integrity of the sanctuary. 

Further, for Native Hawaiian Practices 

and Recreation permits in 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary, the activity meets the 

additional site-specific permit review 

criteria identified in § 922.245. 

* * * * * 

■ 4. Amend 922.37 by adding paragraph 

(g). 

§ 922.37 Appeals of permitting decisions. 

* * * * * 

(g) Paragraphs (a) through (f) of this 

section do not apply to 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary. 

* * * * * 

■ 5. Add subpart W to read as follows: 

Subpart W—Papaha ̄naumokua ̄kea 

National Marine Sanctuary 

Sec. 

922.240 Boundary. 

922.241 Definitions. 

922.242 Cooperative management. 

922.243 Access. 

922.244 Prohibited or otherwise regulated 

activities. 

922.245 Permit procedures and criteria. 

922.246 Vessel monitoring system. 

922.247 Sunken military craft. 

Appendix A to Subpart W of Part 922— 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary Boundary Description and 

Coordinates 

Appendix B to Subpart W of Part 922— 

Coordinates for the Outer Sanctuary Zone 

Appendix C to Subpart W of Part 922— 

Coordinates for the Midway Atoll Special 

Management Area 


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Appendix D to Subpart W of Part 922— 

Coordinates for the Special Preservation 

Areas (SPAs) 

Appendix E to Subpart W of Part 922— 

Coordinates for the Ship Reporting Area 

Appendix F to Subpart W of Part 922—IMO 

Standard Reporting Format and Data 

Syntax for Ship Reporting System 

§ 922.240 Boundary. 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary consists of an area of 

approximately 582,570 square miles 

(439,910 square nautical miles) of 

Pacific Ocean waters surrounding the 

Northwestern Hawaiian Islands and the 

submerged lands thereunder. The 

precise boundary coordinates are listed 

in Appendix A to this subpart. The 

outer seaward sanctuary boundary 

begins approximately 200 nautical miles 

SW of Kure Atoll at Point 1 and 

continues from this point roughly north 

to each successive point in numerical 

order to Point 232 which is 

approximately 204 nautical miles north 

of Kure Atoll. From Point 232 the 

sanctuary boundary continues roughly 

ESE to each successive point in 

numerical order to Point 609 which is 

approximately 200 nautical miles NE of 

Necker Island. From Point 609 the 

sanctuary boundary continues south to 

Point 610 which is approximately 90 

nautical miles ENE of Necker Island. 

From Point 610 the sanctuary boundary 

continues roughly east and then SE and 

south to Point 635 which is 

approximately 50 nautical miles east of 

Nihoa. From Point 635 the sanctuary 

boundary continues roughly south and 

then SW and west to each successive 

point in numerical order to Point 662 

which is approximately 71 nautical 

miles SW of Nihoa. From Point 662 the 

sanctuary boundary continues south to 

Point 663 which is approximately 236 

nautical miles SSW of Nihoa. From 

Point 663 the sanctuary boundary 

continues roughly NW to each 

successive point in numerical order to 

Point 703 which is approximately 200 

nautical miles SSE of Necker Island. 

From Point 703 the boundary continues 

roughly NW to each successive point in 

numerical order to Point 1128 where it 

ends approximately 200 nautical miles 

SW of Kure Atoll. The inner landward 

boundary of the sanctuary follows the 

shoreline as defined by the State of 

Hawai1i (HAR § 13–222). 

§ 922.241 Definitions. 

In addition to those definitions found 

at § 922.11, the following definitions 

apply to this subpart. To the extent that 

a term appears in § 922.11 and this 

section, the definition in this section 

governs. 

Areas to be avoided (ATBA) means 

the four areas, as adopted by the 

International Maritime Organization, 

that should be avoided by vessels that 

are conducting passage without 

interruption through the sanctuary. The 

precise boundary coordinates for the 

ATBAs are listed in Appendix E to this 

subpart. 

Bottomfish species means all species 

of bottomfish as defined at 50 CFR 

665.201. 

Categories of hazardous cargoes 

means goods classified in the 

International Maritime Dangerous 

Goods (IMDG) Code; substances 

classified in chapter 17 of the 

International Code for the Construction 

and Equipment of Ships Carrying 

Dangerous Chemicals in Bulk (IBC 

Code) and chapter 19 of the 

International Code for the Construction 

and Equipment of Ships Carrying 

Liquefied Gases in Bulk (IGC Code); oils 

as defined in MARPOL Annex I; 

noxious liquid substances as defined in 

MARPOL Annex II; harmful substances 

as defined in MARPOL Annex III; and 

radioactive materials specified in the 

International Code for the Safe Carriage 

of Packaged Irradiated Nuclear Fuel, 

Plutonium and High-Level Radioactive 

Waste on Board Ships (INF Code). 

Commercial fishing means, as defined 

in the Magnuson-Stevens Fishery 

Conservation and Management Act, 

fishing in which the fish harvested, 

either in whole or in part, are intended 

to enter commerce or enter commerce 

through sale, barter, or trade. 

Ecological integrity means a condition 

determined to be characteristic of an 

ecosystem that has the ability to 

maintain the function, structure, and 

abundance of natural biological 

communities, including rates of change 

in response to natural environmental 

variation. 

Midway Atoll Special Management 

Area means the area of the sanctuary 

surrounding Midway Atoll out to a 

distance of 12 nautical miles. The 

coordinates are listed in Appendix C to 

this subpart. 

Native Hawaiian practices means 

cultural activities conducted for the 

purposes of perpetuating traditional 

knowledge, caring for and protecting the 

environment and strengthening cultural 

and spiritual connections to the 

Northwestern Hawaiian Islands that 

have demonstrable benefits to the 

Native Hawaiian community. This may 

include, but is not limited to, the noncommercial use of sanctuary resources 

for direct personal consumption while 

in the sanctuary. 

Non-commercial fishing means 

fishing that does not meet the definition 

of commercial fishing in the MagnusonStevens Fishery Conservation and 

Management Act, and includes, but is 

not limited to, sustenance, subsistence, 

traditional indigenous, and recreational 

fishing. 

Office of Law Enforcement (OLE) 

means NOAA, National Marine 

Fisheries Service, Office of Law 

Enforcement. 

Outer Sanctuary Zone means the 

waters and submerged lands extending 

from approximately 50 nautical miles 

from all islands and emergent lands of 

the Northwestern Hawaiian Islands to 

the extent of the seaward limit of the 

United States Exclusive Economic Zone 

(U.S. EEZ) west of 163° West Longitude. 

The precise boundary coordinates for 

the Outer Sanctuary Zone are listed in 

Appendix B to this subpart. 

Particularly Sensitive Sea Area 

(PSSA) means an area that needs special 

protection through action by the 

International Maritime Organization 

because of its significance for 

recognized ecological, socio-economic, 

or scientific attributes where such 

attributes may be vulnerable to damage 

by international shipping activities. 

Pelagic species means Western Pacific 

Pelagic Management Unit Species as 

defined at 50 CFR 665.800. 

Pono means appropriate, correct, and 

deemed necessary by traditional 

standards in Hawaiian culture. 

Recreational activity means an 

activity conducted for personal 

enjoyment that does not result in the 

extraction of sanctuary resources and 

that does not involve a fee-for-service 

transaction. This includes, but is not 

limited to, wildlife viewing, SCUBA 

diving, snorkeling, and boating. 

Reporting area means the area of the 

sanctuary that extends outward ten 

nautical miles from the Particularly 

Sensitive Sea Area boundary, as 

designated by the International 

Maritime Organization, and excludes 

the Areas to be Avoided that fall within 

the Particularly Sensitive Sea Area 

boundary. The precise boundary 

coordinates for the reporting area are 

listed in Appendix E to this subpart. 

Scientific instrument means a device, 

vehicle, or tool used for scientific 

purposes and is inclusive of structures, 

materials, or other matter incidental to 

proper use of such device, vehicle, or 

tool. 

Special Preservation Area (SPA) 

means discrete, biologically important 

areas of the sanctuary within which 

uses are subject to certain conditions, 

restrictions, and prohibitions, including 

but not limited to access restrictions. 

The coordinates are listed in Appendix 

D to this subpart. 


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Stowed and not available for 

immediate use means not readily 

accessible for immediate use, e.g., by 

being securely covered and lashed to a 

deck or bulkhead, tied down, unbaited, 

unloaded, or partially disassembled 

(e.g., spear shafts being kept separate 

from spearguns). 

Sustenance fishing means fishing for 

bottomfish or pelagic species in which 

all catch is consumed within the 

sanctuary, and that is incidental to an 

activity permitted under this part. 

Vessel monitoring system (VMS) 

means a mobile transceiver unit as 

described in § 922.246 and approved by 

NOAA’s Office of Law Enforcement for 

use on vessels permitted to access the 

sanctuary, as required by this part. 

§ 922.242 Cooperative management. 

(a) NOAA has primary responsibility 

for the management of the sanctuary 

pursuant to the National Marine 

Sanctuaries Act. As the sanctuary 

includes State waters, NOAA will comanage Papaha ̄naumokua ̄kea National 

Marine Sanctuary with the State of 

Hawai1i. 

(b) NOAA will also manage the 

sanctuary in partnership with the U.S. 

Fish and Wildlife Service and the Office 

of Hawaiian Affairs. 

(c) Nothing in these regulations or 

establishment of the national marine 

sanctuary shall diminish U.S. Fish and 

Wildlife Service’s authority to 

administer Midway Atoll National 

Wildlife Refuge and Hawaiian Islands 

National Wildlife Refuge under the 

National Wildlife Refuge System 

Administration Act, as amended, and 

other U.S. Fish and Wildlife Service 

authorities. Where Papaha ̄naumokua ̄kea 

National Marine Sanctuary overlays 

Midway Atoll National Wildlife Refuge 

and Hawaiian Islands National Wildlife 

Refuge, NOAA will implement the 

National Marine Sanctuaries Act to 

provide supplemental authority to 

protect resources. 

(d) NOAA, in exercising its 

management authority under National 

Marine Sanctuaries Act Section 304(d), 

recognizes U.S. Fish and Wildlife 

Service’s management authority over 

Midway Atoll National Wildlife Refuge 

and Hawaiian Islands National Wildlife 

Refuge under the National Wildlife 

Refuge System Administration Act, as 

amended. 

§ 922.243 Access. 

(a) Access to the Sanctuary is 

prohibited and thus unlawful except: 

(1) When conducting emergency 

response actions, law enforcement 

activities, and activities and exercises of 

the Armed Forces in accordance with 

§ 922.244(b) and (c); 

(2) Pursuant to a permit issued under 

§ 922.245; 

(3) When conducting non-commercial 

fishing activities in the Outer Sanctuary 

Zone authorized under the MagnusonStevens Fishery Conservation and 

Management Act in accordance with 

§ 922.244 (d); 

(4) When conducting scientific 

exploration or research activities by or 

for the Secretary of Commerce or the 

Secretary of the Interior in the Outer 

Sanctuary Zone in accordance with 

§ 922.244 (f). 

(5) When conducting passage without 

interruption in accordance with 

paragraphs (b), (c), and (d) of this 

section. 

(b) A vessel may pass without 

interruption through the sanctuary 

without requiring a permit as long as the 

vessel does not stop or engage in the 

prohibited activities listed in § 922.244 

within the sanctuary. 

(c) For areas of the sanctuary that are 

contained within the reporting area 

surrounding the Particularly Sensitive 

Sea Area (PSSA) designated by the 

International Maritime Organization 

(IMO), a ship reporting system (CORAL 

SHIPREP) specified below shall be in 

effect. The coordinates for the Reporting 

Area are listed in Appendix E to this 

subpart. 

(1) The following vessels, except 

vessels entitled to sovereign immunity 

under international law, passing 

through the reporting area of the 

sanctuary without interruption, must 

participate in the ship reporting system 

as specified in paragraphs (c)(2) through 

(6) of this section: 

(i) Vessels of the United States of any 

size; 

(ii) All other ships 300 gross tonnage 

or greater that are entering or departing 

a United States port or place; and 

(iii) All other ships of any size 

entering or departing a United States 

port or place and experiencing an 

emergency while transiting through the 

reporting area. 

(2) All vessels passing through the 

reporting area of the sanctuary without 

interruption other than those described 

in paragraph (c)(1) of this section are 

encouraged to participate in the ship 

reporting system set forth in paragraphs 

(c)(2) through (6) of this section. 

(3) Immediately upon entering the 

reporting area, vessels described in 

paragraph (c)(1) of this section must 

provide the following information by 

email sent to nwhi.notifications@

noaa.gov in the IMO standard reporting 

format and data syntax shown in 

Appendix F to this subpart: 

(i) Vessel name, call sign or ship 

station identity, flag, and IMO 

identification number if applicable, and 

either Federal documentation or State 

registration number if applicable; 

(ii) Date, time (UTC) and month of 

entry; 

(iii) Position; 

(iv) True course; 

(v) Speed in knots and tenths; 

(vi) Destination and estimated time of 

arrival; 

(vii) Intended route through the 

reporting area; 

(viii) Vessel draft (in meters); 

(ix) Categories of hazardous cargoes 

on board; 

(x) Any vessel defects or deficiencies 

that restrict maneuverability or impair 

normal navigation; 

(xi) Any pollution incident or goods 

lost overboard within the PSSA, the 

reporting area, or the U.S. EEZ; 

(xii) Contact information for the 

vessel’s agent or owner; 

(xiii) Vessel size (length overall, gross 

tonnage) and type; and 

(xiv) Total number of persons on 

board. 

(4) Immediately upon leaving the 

reporting area, vessels described in 

paragraph (c)(1) of this section must 

provide the following information by 

email sent to nwhi.notifications@

noaa.gov in the IMO standard reporting 

format and data syntax shown in 

Appendix F to this subpart: 

(i) Vessel name, call sign or ship 

station identity, flag, and IMO 

identification number if applicable, and 

either Federal documentation or State 

registration number if applicable; 

(ii) Date, time (UTC), and month of 

exit; 

(iii) Position; and 

(iv) Any pollution incident or goods 

lost overboard within the PSSA, the 

reporting area, or the U.S. EEZ. 

(5) For vessels that are not equipped 

with on-board email capability, 

advanced notice of entrance (as outlined 

in paragraph (c)(3) of this section) shall 

be provided at least 72 hours, but not 

more than one month, prior to entering 

the reporting area. Notification of 

departure (as outlined in paragraph 

(c)(4) of this section) must be provided 

within 12 hours of leaving the reporting 

area. Notification under this paragraph 

may be made by email, telephone, or 

fax, by contacting: 

(i) Email: nwhi.notifications@

noaa.gov; 

(ii) Telephone: 1–808–395–6944 or 1– 

866–478–6944; or 

(iii) Fax: 1–808–455–3093. 

(6) Further reports shall be made by 

the vessels described in paragraph (c)(1) 

of this section, and are encouraged for 


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4894 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

the vessels described in paragraph (c)(2) 

of this section, whenever there is a 

change in navigation status or 

circumstances, particularly in relation 

to the intended route, defects or 

deficiencies, pollution incidents, or 

goods lost overboard. 

§ 922.244 Prohibited or otherwise 

regulated activities. 

(a) The following activities are 

prohibited and thus are unlawful for 

any person to conduct or to cause to be 

conducted within the sanctuary, except 

as specified in paragraphs (b) through (f) 

of this section: 

(1) Exploring for, developing, or 

producing oil, gas, or minerals, or any 

energy development activities; 

(2) Using or attempting to use 

poisons, electrical charges, or explosives 

in the collection or harvest of a 

sanctuary resource; 

(3) Introducing or otherwise releasing 

an introduced species from within or 

into the sanctuary; 

(4) Deserting a vessel; 

(5) Anchoring on or having a vessel 

anchored on any living or dead coral 

with an anchor, anchor chain, or anchor 

rope; 

(6) Commercial fishing, or possessing 

commercial fishing gear except when 

stowed and not available for immediate 

use; 

(7) Failing to comply with the vessel 

monitoring system requirements in 

violation of § 922.246. 

(8) Failing to comply with ship 

reporting requirements in violation of 

§ 922.243. 

(9) Non-commercial fishing, or 

possessing non-commercial fishing gear 

except when stowed and not available 

for immediate use; 

(10) Drilling into, dredging, or 

otherwise altering the submerged lands; 

or constructing, placing, or abandoning 

any structure, material, or other matter 

on the submerged lands; 

(11) Removing, moving, taking, 

harvesting, possessing, injuring, 

disturbing, or damaging; or attempting 

to remove, move, take, harvest, possess, 

injure, disturb, or damage any living or 

nonliving sanctuary resource; 

(12) Attracting any living sanctuary 

resource; 

(13) Touching coral, living or dead; 

(14) Swimming, snorkeling, or closed 

or open circuit SCUBA diving; 

(15) Discharging or depositing any 

material or other matter into the 

sanctuary, or discharging or depositing 

any material or other matter outside of 

the sanctuary that subsequently enters 

the sanctuary and injures or has the 

potential to injure any resources of the 

sanctuary, except for: 

(i) Fish, fish parts, or chumming 

materials (bait) used in or resulting from 

lawful fishing activity, provided that 

such discharge or deposit is during the 

conduct of lawful fishing activity within 

the sanctuary; 

(ii) Discharge incidental to vessel 

operations such as approved marine 

sanitation device effluent, cooling 

water, and engine exhaust, consistent 

with Federal statute or regulation; and 

(iii) Within Special Preservation 

Areas or the Midway Atoll Special 

Management Area, discharging or 

depositing material or other matter is 

limited to vessel engine cooling water, 

weather deck runoff, and vessel engine 

exhaust, consistent with Federal statute 

or regulation. 

(16) Anchoring a vessel. 

(b) The prohibitions in paragraph (a) 

of this section do not apply to activities 

necessary to respond to emergencies 

threatening life, property, or the 

environment, or to activities necessary 

for law enforcement purposes. 

(c) The prohibitions in paragraph (a) 

of this section do not apply to activities 

and exercises of the U.S. Armed Forces 

(including those carried out by the U.S. 

Coast Guard). This includes the U.S. 

Armed Forces’ response to emergencies 

posing an unacceptable threat to human 

health or safety or to the marine 

environment and admitting of no other 

feasible solution. All activities and 

exercises of the U.S. Armed Forces shall 

be carried out in a manner that avoids, 

to the extent practicable and consistent 

with operational requirements, adverse 

impacts on sanctuary resources and 

qualities. These regulations shall not 

limit or otherwise affect the U.S. Armed 

Forces discretion to use, maintain, 

improve, manage, or control any 

property under their administrative 

control or otherwise limit the 

availability of such property for military 

mission purposes, including, but not 

limited to, defensive areas and airspace 

reservations. 

(d) The prohibitions in paragraph 

(a)(9) through (12), and (a)(14) of this 

section do not apply to non-commercial 

fishing activities in the Outer Sanctuary 

Zone authorized under the MagnusonStevens Fishery Conservation and 

Management Act provided that: 

(1) Fish harvested, either in whole or 

in part, are not intended to enter 

commerce and shall not enter commerce 

through sale, barter, or trade, and that 

the resource is managed sustainably; 

(2) Fish harvested, either in whole or 

in part, are not intended to be sold and 

shall not be sold for any purposes, 

including, but not limited to, costrecovery; and 

(3) The activities under paragraph 

(a)(9) through (12), and (a)(14) are only 

conducted as incidental to and 

necessary to conduct lawful noncommercial fishing activity. 

(e) The prohibitions in paragraphs 

(a)(9) through (16) of this section, do not 

apply to any activity conducted under 

and in accordance with the scope, 

purpose, terms, and conditions of a 

sanctuary general permit, or special use 

permit issued pursuant to subpart D of 

this part. In no event, may the Director 

issue a National Marine Sanctuary 

general permit or special use permit 

authorizing or otherwise approving 

activities listed in paragraph (a)(10) of 

this section for anything other than 

scientific instruments, when the activity 

occurs within the Outer Sanctuary 

Zone. 

(f) The prohibitions in paragraph (a) 

of this section shall not restrict 

scientific exploration or research 

activities by or for the Secretary of 

Commerce or the Secretary of the 

Interior when the activity occurs within 

the Outer Sanctuary Zone. 

§ 922.245 Permit procedures and criteria. 

(a) A person may conduct an activity 

otherwise prohibited by § 922.244(a)(9) 

through (16), if such activity is 

specifically allowed by and conducted 

in accordance with the scope, purpose, 

terms and conditions of a permit issued 

under this section and subpart D of this 

part, and any additional permit issuance 

criteria and requirements in paragraphs 

(a)(1) and (a)(2) of this section. 

(1) Native Hawaiian Practices 

(i) The activity is non-commercial and 

will not involve the sale of any 

organism or material collected; 

(ii) The purpose and intent of this 

activity is appropriate and deemed 

necessary by traditional standards in the 

Native Hawaiian culture (pono), and 

demonstrates an understanding of, and 

background in, the traditional practice, 

and its associated values and protocols; 

(iii) The activity benefits the resources 

of the Northwestern Hawaiian Islands 

and the Native Hawaiian community; 

(iv) The activity supports or advances 

the perpetuation of traditional 

knowledge and ancestral connections of 

Native Hawaiians to the Northwestern 

Hawaiian Islands; and 

(v) Any living sanctuary resource 

harvested from the sanctuary will be 

consumed or utilized in the sanctuary. 

(2) Recreation permits 

(i) The activity is limited to the 

Midway Atoll Special Management 

Area. 

(ii) The activity is for the purpose of 

recreational activities as defined in 

§ 922.241; 


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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4895 

(iii) The activity is not associated with 

any for-hire operation; 

(iv) The activity does not involve any 

extractive use; and 

(b) Applications for permits should be 

addressed to the NOAA Inouye Regional 

Center, Office of National Marine 

Sanctuaries; ATT: Permit Coordinator, 

Papaha ̄naumokua ̄kea, 1845 Wasp Blvd., 

Building 176, Honolulu, HI 96818. 

(c) The Secretary of Commerce may 

authorize sustenance fishing outside of 

any Special Preservation Area as a term 

or condition of any general permit or 

special use permit issued under this 

section and subpart D of this part. 

Sustenance fishing in the Midway Atoll 

Special Management Area shall not be 

allowed unless the activity has been 

determined by the Director of the U.S. 

Fish and Wildlife Service or their 

designee to be compatible with the 

purposes for which the Midway Atoll 

National Wildlife Refuge was 

established. Sustenance fishing must be 

conducted in a manner compatible with 

this part, including considering the 

extent to which the conduct of the 

activity may diminish Sanctuary 

resources, qualities, and ecological 

integrity, as well as any indirect, 

secondary, or cumulative effects of the 

activity and the duration of such effects. 

The Secretary of Commerce may 

develop procedures for systematic 

reporting of sustenance fishing. 

(d) In addition to other applicable 

permit issuance criteria and 

requirements, a permit may not be 

issued under this section unless the 

applicant’s vessel has been outfitted 

with a VMS unit approved by OLE and 

the applicant complies with the 

requirements of § 922.246. 

§ 922.246 Requirements for a vessel 

monitoring system. 

(a) Requirement for use. An owner or 

operator of a vessel that has been issued 

a general permit or special use permit 

under § 922.245 and subpart D of this 

part must ensure that such vessel is 

operating a NOAA OLE type-approved 

VMS on board when operating within 

the sanctuary. An operating VMS 

includes an operating mobile 

transmitting unit on the vessel and a 

functioning communication link 

between the unit and OLE as provided 

by an OLE-approved communication 

service provider. As a condition of 

authorized access to the sanctuary, a 

vessel owner or operator subject to the 

requirements for a VMS in this section 

must allow OLE, the U.S. Coast Guard, 

and their authorized officers and 

designees access to the vessel’s position 

data obtained from the VMS. NOAA 

may have access to, and use of, 

collected data for scientific, statistical, 

and management purposes, and to 

monitor implementation of this subpart. 

(b) Installing and activating the VMS. 

(1) OLE has approval authority over the 

type of VMS used and the installation 

and operation of the VMS unit. 

(2) The owner or operator of a vessel 

must coordinate with OLE to install and 

activate an approved VMS prior to 

operating within the sanctuary. For the 

purposes of this section, the following 

contact information applies: 

(i) OLE. Address: 1845 Wasp Blvd., 

Bldg. 176, Honolulu, HI 96818; 

telephone: 808–725–6100; facsimile: 

808–725–6199; email: pidvms@

noaa.gov; business hours: Monday 

through Friday, except Federal holidays, 

8 a.m. to 4:30 p.m., Hawaii Standard 

Time. 

(ii) VMS Helpdesk. Telephone: 888– 

219–9228; email: ole.helpdesk@

noaa.gov; business hours: Monday 

through Friday, except Federal holidays, 

7 a.m. to 11 p.m., Eastern Time. 

(c) Interruption of operation of the 

VMS. When a vessel’s VMS is not 

operating properly within the sanctuary, 

the owner or operator must immediately 

contact OLE, and follow instructions 

from that office. If notified by OLE that 

a vessel’s VMS is not operating 

properly, the owner and operator must 

follow instructions from that office. In 

either event, such instructions may 

include, but are not limited to, manually 

communicating a vessel’s location as 

directed by OLE; or exiting the 

sanctuary until the VMS is operable. 

(d) Activities Regarding VMS For 

Vessels Operating in the Sanctuary. The 

following activities regarding vessel 

monitoring systems are prohibited and 

thus unlawful for any person to conduct 

or cause to be conducted: 

(1) Operating any vessel within the 

sanctuary without an OLE typeapproved VMS; 

(2) Failing to install, activate, repair, 

or replace a VMS prior to entering the 

sanctuary; 

(3) Failing to operate and maintain a 

VMS on board the vessel; 

(4) Tampering with, damaging, 

destroying, altering, or in any way 

distorting, rendering useless, 

inoperative, ineffective, or inaccurate 

the VMS, or VMS signal, or attempting 

any of the same; 

(5) Failing to contact OLE or follow 

OLE instructions when automatic 

position reporting has been interrupted; 

(6) Registering a VMS to more than 

one vessel permitted to operate within 

the sanctuary at the same time; 

(7) Connecting or leaving connected 

additional equipment to a VMS unit 

without the prior approval of OLE; and 

(8) Making a false statement, oral or 

written, to an authorized officer 

regarding the installation, use, 

operation, or maintenance of a VMS 

unit-or communication service provider. 

§ 922.247 Sunken military craft. 

Sunken military craft are 

administered by the respective Secretary 

concerned pursuant to the Sunken 

Military Craft Act (Pub. L. 108–375, 

Title XIV, sections 1401 to 1408; 10 

U.S.C. 113 note). The Director will enter 

into a Memorandum of Agreement 

regarding collaboration with other 

Federal agencies charged with 

implementing the Sunken Military Craft 

Act that may address aspects of 

managing and protecting sunken 

military craft. The Director will request 

approval from the Secretary concerned 

for any terms and conditions of ONMS 

permits that may involve sunken 

military craft. 

Appendix A to Subpart W of Part 922— 

Papaha ̄naumokua ̄kea National Marine 

Sanctuary Boundary Description and 

Coordinates 

[Coordinates listed in this appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983] 

Point No. Longitude Latitude 

1 .................... 180.00000 25.38976 

2 .................... 179.99985 25.38982 

3 .................... 179.96681 25.40451 

4 .................... 179.93392 25.41950 

5 .................... 179.90119 25.43478 

6 .................... 179.86863 25.45034 

7 .................... 179.83622 25.46619 

8 .................... 179.78793 25.49050 

9 .................... 179.75595 25.50707 

10 .................. 179.72415 25.52391 

11 .................. 179.69252 25.54104 

12 .................. 179.66108 25.55844 

13 .................. 179.62981 25.57612 

14 .................. 179.59874 25.59408 

15 .................. 179.56786 25.61231 

16 .................. 179.53716 25.63081 

17 .................. 179.50667 25.64959 

18 .................. 179.47637 25.66863 

19 .................. 179.44627 25.68794 

20 .................. 179.41638 25.70751 

21 .................. 179.38670 25.72735 

22 .................. 179.35722 25.74745 

23 .................. 179.32796 25.76781 

24 .................. 179.28448 25.79883 

25 .................. 179.25576 25.81983 

26 .................. 179.22255 25.84463 

27 .................. 179.18175 25.87583 

28 .................. 179.15383 25.89770 

29 .................. 179.12613 25.91982 

30 .................. 179.09868 25.94218 

31 .................. 179.07146 25.96479 

32 .................. 179.03108 25.99915 

33 .................. 179.00447 26.02235 

34 .................. 178.97810 26.04578 

35 .................. 178.93902 26.08137 

36 .................. 178.91329 26.10537 

37 .................. 178.88781 26.12961 

38 .................. 178.86259 26.15407 


ddrumheller on DSK120RN23PROD with RULES2
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Point No. Longitude Latitude 

39 .................. 178.82525 26.19117 

40 .................. 178.80068 26.21618 

41 .................. 178.77639 26.24141 

42 .................. 178.75236 26.26685 

43 .................. 178.71683 26.30540 

44 .................. 178.69349 26.33136 

45 .................. 178.65901 26.37068 

46 .................. 178.63637 26.39715 

47 .................. 178.61378 26.42409 

48 .................. 178.59171 26.45096 

49 .................. 178.56993 26.47801 

50 .................. 178.54844 26.50526 

51 .................. 178.52725 26.53270 

52 .................. 178.49601 26.57420 

53 .................. 178.46544 26.61611 

54 .................. 178.44544 26.64427 

55 .................. 178.41601 26.68685 

56 .................. 178.39677 26.71544 

57 .................. 178.37784 26.74421 

58 .................. 178.35922 26.77314 

59 .................. 178.34092 26.80223 

60 .................. 178.30653 26.85803 

61 .................. 178.28885 26.88744 

62 .................. 178.26294 26.93185 

63 .................. 178.24606 26.96164 

64 .................. 178.22951 26.99158 

65 .................. 178.21329 27.02166 

66 .................. 178.19632 27.05394 

67 .................. 178.17402 27.09774 

68 .................. 178.15895 27.12831 

69 .................. 178.14422 27.15901 

70 .................. 178.12274 27.20529 

71 .................. 178.10884 27.23631 

72 .................. 178.08864 27.28305 

73 .................. 178.06920 27.33006 

74 .................. 178.05667 27.36154 

75 .................. 178.03853 27.40896 

76 .................. 178.02687 27.44071 

77 .................. 178.01003 27.48851 

78 .................. 177.99924 27.52051 

79 .................. 177.98881 27.55259 

80 .................. 177.97873 27.58477 

81 .................. 177.96901 27.61703 

82 .................. 177.95509 27.66559 

83 .................. 177.94198 27.71432 

84 .................. 177.93368 27.74690 

85 .................. 177.92568 27.77984 

86 .................. 177.91811 27.81256 

87 .................. 177.90744 27.86176 

88 .................. 177.90079 27.89464 

89 .................. 177.89149 27.94406 

90 .................. 177.88574 27.97707 

91 .................. 177.88037 28.01014 

92 .................. 177.87300 28.05982 

93 .................. 177.86647 28.10959 

94 .................. 177.86258 28.14281 

95 .................. 177.85744 28.19271 

96 .................. 177.85447 28.22601 

97 .................. 177.85073 28.27600 

98 .................. 177.84871 28.30936 

99 .................. 177.84706 28.34273 

100 ................ 177.84529 28.39281 

101 ................ 177.84436 28.44291 

102 ................ 177.84422 28.47631 

103 ................ 177.84445 28.50971 

104 ................ 177.84551 28.55981 

105 ................ 177.84670 28.59348 

106 ................ 177.84844 28.63098 

107 ................ 177.85148 28.68101 

108 ................ 177.85399 28.71434 

109 ................ 177.85761 28.75561 

110 ................ 177.86197 28.79830 

111 ................ 177.86786 28.84813 

112 ................ 177.87226 28.88131 

Point No. Longitude Latitude 

113 ................ 177.87543 28.90360 

114 ................ 177.87967 28.93173 

115 ................ 177.88514 28.96554 

116 ................ 177.89133 29.00123 

117 ................ 177.90063 29.05066 

118 ................ 177.90735 29.08379 

119 ................ 177.91806 29.13300 

120 ................ 177.92567 29.16572 

121 ................ 177.93780 29.21468 

122 ................ 177.94636 29.24722 

123 ................ 177.95989 29.29590 

124 ................ 177.96959 29.32896 

125 ................ 177.97946 29.36122 

126 ................ 177.98970 29.39340 

127 ................ 178.00575 29.44148 

128 ................ 178.01692 29.47341 

129 ................ 178.03438 29.52113 

130 ................ 178.04647 29.55280 

131 ................ 178.06531 29.60012 

132 ................ 178.08497 29.64717 

133 ................ 178.09853 29.67840 

134 ................ 178.11268 29.71000 

135 ................ 178.13426 29.75642 

136 ................ 178.15665 29.80255 

137 ................ 178.17203 29.83313 

138 ................ 178.19577 29.87875 

139 ................ 178.21216 29.90921 

140 ................ 178.22879 29.93930 

141 ................ 178.25439 29.98416 

142 ................ 178.27525 30.01949 

143 ................ 178.29311 30.04905 

144 ................ 178.31861 30.09001 

145 ................ 178.34009 30.12350 

146 ................ 178.35931 30.15271 

147 ................ 178.38857 30.19588 

148 ................ 178.41018 30.22681 

149 ................ 178.43934 30.26737 

150 ................ 178.47063 30.30946 

151 ................ 178.49239 30.33792 

152 ................ 178.51400 30.36556 

153 ................ 178.54703 30.40666 

154 ................ 178.57973 30.44608 

155 ................ 178.60482 30.47552 

156 ................ 178.62805 30.50216 

157 ................ 178.65341 30.53061 

158 ................ 178.68811 30.56854 

159 ................ 178.71589 30.59815 

160 ................ 178.75298 30.63662 

161 ................ 178.77809 30.66199 

162 ................ 178.80351 30.68713 

163 ................ 178.84220 30.72443 

164 ................ 178.88157 30.76121 

165 ................ 178.90818 30.78543 

166 ................ 178.94864 30.82133 

167 ................ 178.97598 30.84496 

168 ................ 179.00360 30.86835 

169 ................ 179.04556 30.90297 

170 ................ 179.07393 30.92578 

171 ................ 179.11693 30.95947 

172 ................ 179.14594 30.98161 

173 ................ 179.18995 31.01433 

174 ................ 179.21963 31.03582 

175 ................ 179.26463 31.06757 

176 ................ 179.29516 31.08855 

177 ................ 179.34112 31.11928 

178 ................ 179.38763 31.14941 

179 ................ 179.41894 31.16915 

180 ................ 179.45050 31.18861 

181 ................ 179.49827 31.21728 

182 ................ 179.54657 31.24532 

183 ................ 179.57905 31.26365 

184 ................ 179.61792 31.28512 

185 ................ 179.65085 31.30287 

186 ................ 179.70065 31.32895 

Point No. Longitude Latitude 

187 ................ 179.73411 31.34598 

188 ................ 179.77707 31.36728 

189 ................ 179.81095 31.38371 

190 ................ 179.86214 31.40779 

191 ................ 179.89652 31.42346 

192 ................ 179.94844 31.44640 

193 ................ 179.98329 31.46131 

194 ................ ¥180.00000 31.46823 

195 ................ ¥179.96410 31.48309 

196 ................ ¥179.92880 31.49722 

197 ................ ¥179.89333 31.51105 

198 ................ ¥179.83980 31.53119 

199 ................ ¥179.78591 31.55062 

200 ................ ¥179.74978 31.56318 

201 ................ ¥179.71350 31.57542 

202 ................ ¥179.65880 31.59317 

203 ................ ¥179.62215 31.60460 

204 ................ ¥179.56692 31.62114 

205 ................ ¥179.51138 31.63695 

206 ................ ¥179.47371 31.64721 

207 ................ ¥179.41770 31.66179 

208 ................ ¥179.38021 31.67109 

209 ................ ¥179.33210 31.68252 

210 ................ ¥179.28243 31.69383 

211 ................ ¥179.23675 31.70369 

212 ................ ¥179.19878 31.71149 

213 ................ ¥179.16071 31.71896 

214 ................ ¥179.10344 31.72953 

215 ................ ¥179.06516 31.73615 

216 ................ ¥179.00758 31.74546 

217 ................ ¥178.94983 31.75399 

218 ................ ¥178.90738 31.75980 

219 ................ ¥178.86874 31.76473 

220 ................ ¥178.82975 31.76934 

221 ................ ¥178.79099 31.77358 

222 ................ ¥178.75218 31.77748 

223 ................ ¥178.71332 31.78104 

224 ................ ¥178.67441 31.78425 

225 ................ ¥178.63547 31.78712 

226 ................ ¥178.59650 31.78964 

227 ................ ¥178.55749 31.79182 

228 ................ ¥178.51846 31.79366 

229 ................ ¥178.47941 31.79515 

230 ................ ¥178.43412 31.79649 

231 ................ ¥178.39504 31.79729 

232 ................ ¥178.35596 31.79775 

233 ................ ¥178.32396 31.79786 

234 ................ ¥178.28487 31.79769 

235 ................ ¥178.24553 31.79717 

236 ................ ¥178.20645 31.79631 

237 ................ ¥178.16738 31.79510 

238 ................ ¥178.12834 31.79354 

239 ................ ¥178.08931 31.79165 

240 ................ ¥178.05031 31.78940 

241 ................ ¥178.01134 31.78682 

242 ................ ¥177.97241 31.78389 

243 ................ ¥177.93351 31.78061 

244 ................ ¥177.89466 31.77699 

245 ................ ¥177.85585 31.77303 

246 ................ ¥177.81646 31.76865 

247 ................ ¥177.77776 31.76401 

248 ................ ¥177.73912 31.75902 

249 ................ ¥177.70055 31.75369 

250 ................ ¥177.66205 31.74802 

251 ................ ¥177.62362 31.74202 

252 ................ ¥177.58526 31.73567 

253 ................ ¥177.54140 31.72800 

254 ................ ¥177.50321 31.72097 

255 ................ ¥177.46512 31.71361 

256 ................ ¥177.42712 31.70592 

257 ................ ¥177.38921 31.69789 

258 ................ ¥177.35141 31.68952 

259 ................ ¥177.31372 31.68082 

260 ................ ¥177.27613 31.67179 


ddrumheller on DSK120RN23PROD with RULES2
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4897 

Point No. Longitude Latitude 

261 ................ ¥177.23866 31.66242 

262 ................ ¥177.20131 31.65273 

263 ................ ¥177.16094 31.64185 

264 ................ ¥177.12384 31.63149 

265 ................ ¥177.08687 31.62082 

266 ................ ¥177.04995 31.60978 

267 ................ ¥176.99406 31.60543 

268 ................ ¥176.95227 31.60174 

269 ................ ¥176.91352 31.59795 

270 ................ ¥176.87481 31.59382 

271 ................ ¥176.83616 31.58934 

272 ................ ¥176.79756 31.58453 

273 ................ ¥176.73979 31.57666 

274 ................ ¥176.70136 31.57100 

275 ................ ¥176.66300 31.56499 

276 ................ ¥176.60561 31.55534 

277 ................ ¥176.56718 31.54844 

278 ................ ¥176.52911 31.54125 

279 ................ ¥176.49114 31.53372 

280 ................ ¥176.45325 31.52586 

281 ................ ¥176.41282 31.51708 

282 ................ ¥176.37095 31.50759 

283 ................ ¥176.33338 31.49873 

284 ................ ¥176.29414 31.48910 

285 ................ ¥176.23818 31.47469 

286 ................ ¥176.20102 31.46467 

287 ................ ¥176.14552 31.44902 

288 ................ ¥176.10869 31.43818 

289 ................ ¥176.07199 31.42701 

290 ................ ¥176.03543 31.41553 

291 ................ ¥175.99902 31.40371 

292 ................ ¥175.94468 31.38539 

293 ................ ¥175.90865 31.37278 

294 ................ ¥175.87278 31.35985 

295 ................ ¥175.83644 31.34637 

296 ................ ¥175.80089 31.33281 

297 ................ ¥175.76551 31.31893 

298 ................ ¥175.72777 31.30370 

299 ................ ¥175.67361 31.30264 

300 ................ ¥175.62462 31.30118 

301 ................ ¥175.58577 31.29962 

302 ................ ¥175.56300 31.29856 

303 ................ ¥175.50480 31.29533 

304 ................ ¥175.44667 31.29132 

305 ................ ¥175.38862 31.28654 

306 ................ ¥175.33066 31.28099 

307 ................ ¥175.27281 31.27467 

308 ................ ¥175.21509 31.26757 

309 ................ ¥175.15433 31.25928 

310 ................ ¥175.10019 31.25117 

311 ................ ¥175.05021 31.24316 

312 ................ ¥174.99307 31.23327 

313 ................ ¥174.93613 31.22261 

314 ................ ¥174.87938 31.21120 

315 ................ ¥174.82112 31.19865 

316 ................ ¥174.78357 31.19012 

317 ................ ¥174.74612 31.18126 

318 ................ ¥174.69017 31.16735 

319 ................ ¥174.65301 31.15766 

320 ................ ¥174.61598 31.14764 

321 ................ ¥174.57907 31.13730 

322 ................ ¥174.54229 31.12663 

323 ................ ¥174.48737 31.11001 

324 ................ ¥174.43277 31.09266 

325 ................ ¥174.39656 31.08069 

326 ................ ¥174.36049 31.06840 

327 ................ ¥174.32457 31.05579 

328 ................ ¥174.28881 31.04287 

329 ................ ¥174.25322 31.02962 

330 ................ ¥174.21779 31.01607 

331 ................ ¥174.16782 30.99630 

332 ................ ¥174.12317 30.97807 

333 ................ ¥174.08834 30.96342 

334 ................ ¥174.03646 30.94087 

Point No. Longitude Latitude 

335 ................ ¥174.00210 30.92545 

336 ................ ¥173.95092 30.90176 

337 ................ ¥173.91394 30.88410 

338 ................ ¥173.88027 30.86763 

339 ................ ¥173.83015 30.84236 

340 ................ ¥173.79699 30.82515 

341 ................ ¥173.74828 30.79912 

342 ................ ¥173.71286 30.77965 

343 ................ ¥173.67333 30.75735 

344 ................ ¥173.63202 30.73339 

345 ................ ¥173.60020 30.71444 

346 ................ ¥173.56860 30.69522 

347 ................ ¥173.52165 30.66586 

348 ................ ¥173.49065 30.64594 

349 ................ ¥173.45306 30.62120 

350 ................ ¥173.40817 30.59091 

351 ................ ¥173.37804 30.57004 

352 ................ ¥173.34479 30.54651 

353 ................ ¥173.30046 30.51431 

354 ................ ¥173.25673 30.48153 

355 ................ ¥173.22791 30.45935 

356 ................ ¥173.19936 30.43692 

357 ................ ¥173.15960 30.40490 

358 ................ ¥173.12000 30.37227 

359 ................ ¥173.09242 30.34897 

360 ................ ¥173.06512 30.32542 

361 ................ ¥173.02470 30.28965 

362 ................ ¥172.98494 30.25335 

363 ................ ¥172.95880 30.22886 

364 ................ ¥172.93295 30.20413 

365 ................ ¥172.89474 30.16662 

366 ................ ¥172.85721 30.12860 

367 ................ ¥172.83096 30.10131 

368 ................ ¥172.79458 30.06247 

369 ................ ¥172.77072 30.03631 

370 ................ ¥172.74717 30.00995 

371 ................ ¥172.71244 29.97001 

372 ................ ¥172.67843 29.92961 

373 ................ ¥172.65616 29.90243 

374 ................ ¥172.62336 29.86129 

375 ................ ¥172.60190 29.83362 

376 ................ ¥172.57892 29.80334 

377 ................ ¥172.55812 29.77530 

378 ................ ¥172.52756 29.73290 

379 ................ ¥172.50760 29.70441 

380 ................ ¥172.48798 29.67574 

381 ................ ¥172.46870 29.64690 

382 ................ ¥172.44976 29.61789 

383 ................ ¥172.42200 29.57406 

384 ................ ¥172.40392 29.54464 

385 ................ ¥172.37746 29.50021 

386 ................ ¥172.35178 29.45544 

387 ................ ¥172.33510 29.42540 

388 ................ ¥172.31074 29.38007 

389 ................ ¥172.29495 29.34967 

390 ................ ¥172.27193 29.30382 

391 ................ ¥172.25703 29.27308 

392 ................ ¥172.23535 29.22673 

393 ................ ¥172.22135 29.19567 

394 ................ ¥172.20103 29.14885 

395 ................ ¥172.18794 29.11749 

396 ................ ¥172.18269 29.10461 

397 ................ ¥172.14425 29.10857 

398 ................ ¥172.10644 29.11211 

399 ................ ¥172.06858 29.11531 

400 ................ ¥172.01172 29.11947 

401 ................ ¥171.95480 29.12286 

402 ................ ¥171.91682 29.12469 

403 ................ ¥171.87882 29.12618 

404 ................ ¥171.82179 29.12776 

405 ................ ¥171.78376 29.12839 

406 ................ ¥171.73360 29.12869 

407 ................ ¥171.67655 29.12830 

408 ................ ¥171.63852 29.12761 

Point No. Longitude Latitude 

409 ................ ¥171.60049 29.12658 

410 ................ ¥171.54349 29.12439 

411 ................ ¥171.50552 29.12249 

412 ................ ¥171.45928 29.11977 

413 ................ ¥171.42136 29.11719 

414 ................ ¥171.38347 29.11427 

415 ................ ¥171.32671 29.10925 

416 ................ ¥171.28892 29.10547 

417 ................ ¥171.25118 29.10135 

418 ................ ¥171.21350 29.09689 

419 ................ ¥171.17551 29.09204 

420 ................ ¥171.13794 29.08690 

421 ................ ¥171.10043 29.08142 

422 ................ ¥171.04430 29.07256 

423 ................ ¥171.00697 29.06623 

424 ................ ¥170.96972 29.05956 

425 ................ ¥170.93255 29.05256 

426 ................ ¥170.89547 29.04522 

427 ................ ¥170.85848 29.03755 

428 ................ ¥170.82159 29.02954 

429 ................ ¥170.78479 29.02120 

430 ................ ¥170.74809 29.01253 

431 ................ ¥170.69325 28.99890 

432 ................ ¥170.65683 28.98940 

433 ................ ¥170.60242 28.97453 

434 ................ ¥170.56630 28.96421 

435 ................ ¥170.53030 28.95356 

436 ................ ¥170.49444 28.94259 

437 ................ ¥170.44089 28.92552 

438 ................ ¥170.40537 28.91374 

439 ................ ¥170.36999 28.90164 

440 ................ ¥170.33476 28.88922 

441 ................ ¥170.29968 28.87648 

442 ................ ¥170.24735 28.85678 

443 ................ ¥170.21266 28.84325 

444 ................ ¥170.16441 28.82380 

445 ................ ¥170.11868 28.81843 

446 ................ ¥170.06241 28.81110 

447 ................ ¥170.00627 28.80301 

448 ................ ¥169.95029 28.79415 

449 ................ ¥169.89448 28.78454 

450 ................ ¥169.85736 28.77770 

451 ................ ¥169.80186 28.76683 

452 ................ ¥169.74655 28.75519 

453 ................ ¥169.69147 28.74281 

454 ................ ¥169.63661 28.72968 

455 ................ ¥169.60017 28.72051 

456 ................ ¥169.54573 28.70614 

457 ................ ¥169.49155 28.69103 

458 ................ ¥169.45559 28.68055 

459 ................ ¥169.40188 28.66422 

460 ................ ¥169.34847 28.64716 

461 ................ ¥169.29538 28.62937 

462 ................ ¥169.24262 28.61087 

463 ................ ¥169.19019 28.59165 

464 ................ ¥169.13811 28.57172 

465 ................ ¥169.08640 28.55108 

466 ................ ¥169.03506 28.52974 

467 ................ ¥169.00106 28.51513 

468 ................ ¥168.95037 28.49263 

469 ................ ¥168.90010 28.46945 

470 ................ ¥168.85025 28.44559 

471 ................ ¥168.81726 28.42931 

472 ................ ¥168.76813 28.40432 

473 ................ ¥168.71946 28.37867 

474 ................ ¥168.67125 28.35237 

475 ................ ¥168.62352 28.32541 

476 ................ ¥168.58344 28.30203 

477 ................ ¥168.53902 28.30813 

478 ................ ¥168.48296 28.31510 

479 ................ ¥168.42677 28.32131 

480 ................ ¥168.37049 28.32675 

481 ................ ¥168.33291 28.32995 

482 ................ ¥168.27648 28.33411 


ddrumheller on DSK120RN23PROD with RULES2
4898 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

Point No. Longitude Latitude 

483 ................ ¥168.21998 28.33750 

484 ................ ¥168.16342 28.34011 

485 ................ ¥168.10683 28.34195 

486 ................ ¥168.05021 28.34302 

487 ................ ¥168.00043 28.34332 

488 ................ ¥167.94380 28.34293 

489 ................ ¥167.88718 28.34177 

490 ................ ¥167.83059 28.33983 

491 ................ ¥167.77404 28.33713 

492 ................ ¥167.73621 28.33488 

493 ................ ¥167.67976 28.33089 

494 ................ ¥167.62339 28.32613 

495 ................ ¥167.56712 28.32059 

496 ................ ¥167.51095 28.31429 

497 ................ ¥167.45490 28.30722 

498 ................ ¥167.39898 28.29939 

499 ................ ¥167.34321 28.29079 

500 ................ ¥167.30612 28.28464 

501 ................ ¥167.25063 28.27477 

502 ................ ¥167.21374 28.26778 

503 ................ ¥167.15856 28.25665 

504 ................ ¥167.10359 28.24478 

505 ................ ¥167.04884 28.23215 

506 ................ ¥166.99432 28.21878 

507 ................ ¥166.94004 28.20466 

508 ................ ¥166.88603 28.18981 

509 ................ ¥166.85017 28.17950 

510 ................ ¥166.81444 28.16886 

511 ................ ¥166.79269 28.16220 

512 ................ ¥166.76001 28.15196 

513 ................ ¥166.72461 28.14051 

514 ................ ¥166.68934 28.12874 

515 ................ ¥166.65422 28.11665 

516 ................ ¥166.61924 28.10424 

517 ................ ¥166.58441 28.09152 

518 ................ ¥166.54974 28.07847 

519 ................ ¥166.51522 28.06511 

520 ................ ¥166.48086 28.05144 

521 ................ ¥166.42964 28.03034 

522 ................ ¥166.39570 28.01589 

523 ................ ¥166.36193 28.00113 

524 ................ ¥166.31162 27.97842 

525 ................ ¥166.27830 27.96290 

526 ................ ¥166.24517 27.94707 

527 ................ ¥166.21223 27.93095 

528 ................ ¥166.17948 27.91452 

529 ................ ¥166.14693 27.89780 

530 ................ ¥166.11458 27.88078 

531 ................ ¥166.06622 27.85459 

532 ................ ¥166.03438 27.83684 

533 ................ ¥166.00275 27.81881 

534 ................ ¥165.97134 27.80048 

535 ................ ¥165.94014 27.78187 

536 ................ ¥165.90917 27.76298 

537 ................ ¥165.87842 27.74381 

538 ................ ¥165.83251 27.71439 

539 ................ ¥165.80234 27.69452 

540 ................ ¥165.77240 27.67438 

541 ................ ¥165.74243 27.65378 

542 ................ ¥165.71297 27.63310 

543 ................ ¥165.68375 27.61215 

544 ................ ¥165.65478 27.59094 

545 ................ ¥165.62607 27.56946 

546 ................ ¥165.59760 27.54773 

547 ................ ¥165.56939 27.52573 

548 ................ ¥165.54144 27.50348 

549 ................ ¥165.50001 27.46963 

550 ................ ¥165.47272 27.44675 

551 ................ ¥165.44570 27.42363 

552 ................ ¥165.41895 27.40026 

553 ................ ¥165.39248 27.37664 

554 ................ ¥165.36628 27.35279 

555 ................ ¥165.34036 27.32870 

556 ................ ¥165.30201 27.29213 

Point No. Longitude Latitude 

557 ................ ¥165.27680 27.26746 

558 ................ ¥165.25188 27.24256 

559 ................ ¥165.21504 27.20478 

560 ................ ¥165.19085 27.17932 

561 ................ ¥165.16695 27.15365 

562 ................ ¥165.14335 27.12775 

563 ................ ¥165.12006 27.10164 

564 ................ ¥165.09707 27.07533 

565 ................ ¥165.07732 27.05226 

566 ................ ¥165.03132 27.03829 

567 ................ ¥164.99614 27.02718 

568 ................ ¥164.96109 27.01574 

569 ................ ¥164.90877 26.99799 

570 ................ ¥164.85677 26.97951 

571 ................ ¥164.82201 26.96670 

572 ................ ¥164.70700 26.92271 

573 ................ ¥164.68299 26.92268 

574 ................ ¥164.64572 26.92233 

575 ................ ¥164.58983 26.92117 

576 ................ ¥164.55259 26.91997 

577 ................ ¥164.51536 26.91843 

578 ................ ¥164.45955 26.91547 

579 ................ ¥164.40380 26.91174 

580 ................ ¥164.34813 26.90724 

581 ................ ¥164.29254 26.90197 

582 ................ ¥164.25554 26.89803 

583 ................ ¥164.21858 26.89375 

584 ................ ¥164.16325 26.88669 

585 ................ ¥164.10804 26.87887 

586 ................ ¥164.05299 26.87029 

587 ................ ¥164.01637 26.86414 

588 ................ ¥163.97983 26.85766 

589 ................ ¥163.92516 26.84731 

590 ................ ¥163.87068 26.83620 

591 ................ ¥163.81641 26.82434 

592 ................ ¥163.78034 26.81602 

593 ................ ¥163.74438 26.80737 

594 ................ ¥163.69063 26.79377 

595 ................ ¥163.63712 26.77943 

596 ................ ¥163.58387 26.76435 

597 ................ ¥163.54853 26.75389 

598 ................ ¥163.51331 26.74310 

599 ................ ¥163.46071 26.72632 

600 ................ ¥163.40842 26.70881 

601 ................ ¥163.35645 26.69058 

602 ................ ¥163.30480 26.67164 

603 ................ ¥163.27056 26.65861 

604 ................ ¥163.21948 26.63848 

605 ................ ¥163.16876 26.61765 

606 ................ ¥163.13516 26.60337 

607 ................ ¥163.08506 26.58138 

608 ................ ¥163.03536 26.55870 

609 ................ ¥163.00000 26.54202 

610 ................ ¥163.00000 24.11409 

611 ................ ¥161.74242 23.88042 

612 ................ ¥161.68679 23.86839 

613 ................ ¥161.63210 23.85316 

614 ................ ¥161.57857 23.83478 

615 ................ ¥161.52642 23.81332 

616 ................ ¥161.47586 23.78888 

617 ................ ¥161.42708 23.76155 

618 ................ ¥161.38029 23.73144 

619 ................ ¥161.33566 23.69868 

620 ................ ¥161.29337 23.66338 

621 ................ ¥161.25360 23.62570 

622 ................ ¥161.21650 23.58578 

623 ................ ¥161.18221 23.54379 

624 ................ ¥161.15087 23.49989 

625 ................ ¥161.12260 23.45425 

626 ................ ¥161.09751 23.40707 

627 ................ ¥161.07569 23.35851 

628 ................ ¥161.05724 23.30879 

629 ................ ¥161.04221 23.25809 

630 ................ ¥161.03067 23.20662 

Point No. Longitude Latitude 

631 ................ ¥161.02266 23.15458 

632 ................ ¥161.01820 23.10217 

633 ................ ¥161.01730 23.04961 

634 ................ ¥161.01998 22.99711 

635 ................ ¥161.02620 22.94485 

636 ................ ¥161.03595 22.89307 

637 ................ ¥161.04919 22.84195 

638 ................ ¥161.06584 22.79170 

639 ................ ¥161.08586 22.74252 

640 ................ ¥161.10915 22.69460 

641 ................ ¥161.13562 22.64812 

642 ................ ¥161.16516 22.60327 

643 ................ ¥161.19766 22.56023 

644 ................ ¥161.23298 22.51916 

645 ................ ¥161.27099 22.48022 

646 ................ ¥161.31153 22.44356 

647 ................ ¥161.35444 22.40934 

648 ................ ¥161.39956 22.37767 

649 ................ ¥161.44671 22.34869 

650 ................ ¥161.49571 22.32250 

651 ................ ¥161.54635 22.29922 

652 ................ ¥161.59846 22.27892 

653 ................ ¥161.65181 22.26168 

654 ................ ¥161.70621 22.24758 

655 ................ ¥161.76145 22.23667 

656 ................ ¥161.81730 22.22899 

657 ................ ¥161.87356 22.22458 

658 ................ ¥161.93000 22.22343 

659 ................ ¥161.98641 22.22557 

660 ................ ¥162.04257 22.23099 

661 ................ ¥162.09826 22.23966 

662 ................ ¥163.00000 22.40727 

663 ................ ¥163.00000 19.23458 

664 ................ ¥163.02954 19.26137 

665 ................ ¥163.05474 19.28472 

666 ................ ¥163.07971 19.30831 

667 ................ ¥163.10443 19.33213 

668 ................ ¥163.12891 19.35619 

669 ................ ¥163.15314 19.38047 

670 ................ ¥163.18902 19.41731 

671 ................ ¥163.21262 19.44214 

672 ................ ¥163.23597 19.46720 

673 ................ ¥163.25906 19.49248 

674 ................ ¥163.28189 19.51796 

675 ................ ¥163.31564 19.55659 

676 ................ ¥163.33781 19.58261 

677 ................ ¥163.35971 19.60883 

678 ................ ¥163.38134 19.63525 

679 ................ ¥163.41328 19.67526 

680 ................ ¥163.43423 19.70218 

681 ................ ¥163.45490 19.72929 

682 ................ ¥163.47678 19.75859 

683 ................ ¥163.49689 19.78608 

684 ................ ¥163.51671 19.81376 

685 ................ ¥163.54591 19.85562 

686 ................ ¥163.56501 19.88376 

687 ................ ¥163.58383 19.91207 

688 ................ ¥163.60235 19.94056 

689 ................ ¥163.62957 19.98361 

690 ................ ¥163.64735 20.01252 

691 ................ ¥163.66483 20.04159 

692 ................ ¥163.68201 20.07083 

693 ................ ¥163.69888 20.10022 

694 ................ ¥163.71545 20.12977 

695 ................ ¥163.73841 20.17192 

696 ................ ¥163.75664 20.18197 

697 ................ ¥163.78708 20.19906 

698 ................ ¥163.81734 20.21644 

699 ................ ¥163.84743 20.23409 

700 ................ ¥163.87734 20.25202 

701 ................ ¥163.90706 20.27022 

702 ................ ¥163.93659 20.28870 

703 ................ ¥163.95588 20.30099 

704 ................ ¥163.98535 20.29532 


ddrumheller on DSK120RN23PROD with RULES2
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4899 

Point No. Longitude Latitude 

705 ................ ¥164.02014 20.28893 

706 ................ ¥164.07244 20.27996 

707 ................ ¥164.12487 20.27171 

708 ................ ¥164.17742 20.26419 

709 ................ ¥164.23008 20.25739 

710 ................ ¥164.28284 20.25133 

711 ................ ¥164.33569 20.24599 

712 ................ ¥164.38861 20.24139 

713 ................ ¥164.44159 20.23752 

714 ................ ¥164.49463 20.23438 

715 ................ ¥164.54771 20.23197 

716 ................ ¥164.58106 20.23084 

717 ................ ¥164.60571 20.23016 

718 ................ ¥164.65884 20.22922 

719 ................ ¥164.71217 20.22902 

720 ................ ¥164.74760 20.22929 

721 ................ ¥164.78302 20.22990 

722 ................ ¥164.83614 20.23141 

723 ................ ¥164.88922 20.23366 

724 ................ ¥164.92459 20.23557 

725 ................ ¥164.97761 20.23904 

726 ................ ¥165.01292 20.24176 

727 ................ ¥165.04914 20.24489 

728 ................ ¥165.10201 20.25007 

729 ................ ¥165.13720 20.25393 

730 ................ ¥165.18992 20.26033 

731 ................ ¥165.24253 20.26745 

732 ................ ¥165.27754 20.27261 

733 ................ ¥165.31250 20.27808 

734 ................ ¥165.36483 20.28690 

735 ................ ¥165.41702 20.29644 

736 ................ ¥165.45173 20.30321 

737 ................ ¥165.50401 20.31402 

738 ................ ¥165.54798 20.32372 

739 ................ ¥165.60124 20.31609 

740 ................ ¥165.65391 20.30930 

741 ................ ¥165.70669 20.30323 

742 ................ ¥165.75955 20.29790 

743 ................ ¥165.81249 20.29329 

744 ................ ¥165.86549 20.28942 

745 ................ ¥165.91855 20.28628 

746 ................ ¥165.97164 20.28388 

747 ................ ¥166.02477 20.28221 

748 ................ ¥166.07792 20.28127 

749 ................ ¥166.13108 20.28107 

750 ................ ¥166.18423 20.28161 

751 ................ ¥166.23737 20.28287 

752 ................ ¥166.29049 20.28488 

753 ................ ¥166.34357 20.28762 

754 ................ ¥166.36478 20.28892 

755 ................ ¥166.39682 20.29110 

756 ................ ¥166.43214 20.29382 

757 ................ ¥166.48507 20.29852 

758 ................ ¥166.52032 20.30205 

759 ................ ¥166.57311 20.30796 

760 ................ ¥166.61798 20.31350 

761 ................ ¥166.65308 20.31816 

762 ................ ¥166.70563 20.32577 

763 ................ ¥166.74060 20.33125 

764 ................ ¥166.77552 20.33705 

765 ................ ¥166.82777 20.34635 

766 ................ ¥166.87988 20.35637 

767 ................ ¥166.91453 20.36345 

768 ................ ¥166.94911 20.37085 

769 ................ ¥166.99267 20.38061 

770 ................ ¥167.02709 20.38865 

771 ................ ¥167.07857 20.40130 

772 ................ ¥167.11278 20.41012 

773 ................ ¥167.14689 20.41926 

774 ................ ¥167.19433 20.43226 

775 ................ ¥167.22830 20.44187 

776 ................ ¥167.26218 20.45180 

777 ................ ¥167.29596 20.46203 

778 ................ ¥167.32963 20.47258 

Point No. Longitude Latitude 

779 ................ ¥167.36319 20.48344 

780 ................ ¥167.39664 20.49460 

781 ................ ¥167.44659 20.51193 

782 ................ ¥167.47975 20.52386 

783 ................ ¥167.51278 20.53610 

784 ................ ¥167.54695 20.54912 

785 ................ ¥167.57973 20.56197 

786 ................ ¥167.61238 20.57511 

787 ................ ¥167.64489 20.58856 

788 ................ ¥167.67726 20.60230 

789 ................ ¥167.70949 20.61635 

790 ................ ¥167.74158 20.63068 

791 ................ ¥167.77351 20.64532 

792 ................ ¥167.80530 20.66024 

793 ................ ¥167.83694 20.67546 

794 ................ ¥167.86841 20.69097 

795 ................ ¥167.91533 20.71478 

796 ................ ¥167.94640 20.73101 

797 ................ ¥167.97731 20.74752 

798 ................ ¥168.00804 20.76432 

799 ................ ¥168.03861 20.78140 

800 ................ ¥168.08412 20.80755 

801 ................ ¥168.11424 20.82533 

802 ................ ¥168.14417 20.84338 

803 ................ ¥168.17392 20.86172 

804 ................ ¥168.20348 20.88032 

805 ................ ¥168.24746 20.90873 

806 ................ ¥168.27653 20.92801 

807 ................ ¥168.31977 20.95743 

808 ................ ¥168.36255 20.98744 

809 ................ ¥168.40487 21.01804 

810 ................ ¥168.43282 21.03877 

811 ................ ¥168.47433 21.07033 

812 ................ ¥168.50174 21.09169 

813 ................ ¥168.54244 21.12420 

814 ................ ¥168.58263 21.15727 

815 ................ ¥168.62230 21.19089 

816 ................ ¥168.66145 21.22506 

817 ................ ¥168.68726 21.24813 

818 ................ ¥168.71283 21.27145 

819 ................ ¥168.75073 21.30685 

820 ................ ¥168.77569 21.33074 

821 ................ ¥168.81266 21.36701 

822 ................ ¥168.83700 21.39147 

823 ................ ¥168.87302 21.42858 

824 ................ ¥168.90847 21.46618 

825 ................ ¥168.93178 21.49152 

826 ................ ¥168.96624 21.52992 

827 ................ ¥168.99177 21.55913 

828 ................ ¥169.02276 21.59546 

829 ................ ¥169.04473 21.62184 

830 ................ ¥169.07716 21.66178 

831 ................ ¥169.09844 21.68866 

832 ................ ¥169.12982 21.72934 

833 ................ ¥169.15039 21.75669 

834 ................ ¥169.18071 21.79808 

835 ................ ¥169.20232 21.82840 

836 ................ ¥169.21703 21.84743 

837 ................ ¥169.23883 21.85466 

838 ................ ¥169.27247 21.86611 

839 ................ ¥169.32272 21.88387 

840 ................ ¥169.37269 21.90231 

841 ................ ¥169.42237 21.92143 

842 ................ ¥169.47175 21.94123 

843 ................ ¥169.52083 21.96170 

844 ................ ¥169.56958 21.98284 

845 ................ ¥169.61800 22.00464 

846 ................ ¥169.66608 22.02710 

847 ................ ¥169.71382 22.05022 

848 ................ ¥169.76119 22.07399 

849 ................ ¥169.80819 22.09840 

850 ................ ¥169.85481 22.12345 

851 ................ ¥169.90103 22.14914 

852 ................ ¥169.94686 22.17546 

Point No. Longitude Latitude 

853 ................ ¥169.97718 22.19335 

854 ................ ¥170.00653 22.21103 

855 ................ ¥170.05123 22.20415 

856 ................ ¥170.08671 22.19907 

857 ................ ¥170.12225 22.19430 

858 ................ ¥170.15783 22.18987 

859 ................ ¥170.19345 22.18575 

860 ................ ¥170.22911 22.18196 

861 ................ ¥170.28268 22.17688 

862 ................ ¥170.31843 22.17390 

863 ................ ¥170.35421 22.17125 

864 ................ ¥170.39001 22.16891 

865 ................ ¥170.42584 22.16691 

866 ................ ¥170.46169 22.16523 

867 ................ ¥170.51548 22.16332 

868 ................ ¥170.55136 22.16245 

869 ................ ¥170.58725 22.16191 

870 ................ ¥170.62314 22.16170 

871 ................ ¥170.65929 22.16181 

872 ................ ¥170.69518 22.16224 

873 ................ ¥170.73106 22.16301 

874 ................ ¥170.76693 22.16410 

875 ................ ¥170.80279 22.16551 

876 ................ ¥170.83863 22.16725 

877 ................ ¥170.89236 22.17047 

878 ................ ¥170.92815 22.17302 

879 ................ ¥170.96391 22.17590 

880 ................ ¥170.99964 22.17910 

881 ................ ¥171.03533 22.18262 

882 ................ ¥171.07099 22.18647 

883 ................ ¥171.12440 22.19286 

884 ................ ¥171.15995 22.19751 

885 ................ ¥171.19545 22.20249 

886 ................ ¥171.23089 22.20780 

887 ................ ¥171.28396 22.21635 

888 ................ ¥171.33689 22.22563 

889 ................ ¥171.38967 22.23563 

890 ................ ¥171.42477 22.24269 

891 ................ ¥171.47727 22.25389 

892 ................ ¥171.52961 22.26579 

893 ................ ¥171.58175 22.27841 

894 ................ ¥171.63370 22.29174 

895 ................ ¥171.68543 22.30577 

896 ................ ¥171.73694 22.32050 

897 ................ ¥171.78823 22.33594 

898 ................ ¥171.83927 22.35207 

899 ................ ¥171.89005 22.36889 

900 ................ ¥171.94057 22.38641 

901 ................ ¥171.99082 22.40461 

902 ................ ¥172.03998 22.42318 

903 ................ ¥172.09233 22.42751 

904 ................ ¥172.12811 22.43088 

905 ................ ¥172.18170 22.43653 

906 ................ ¥172.21738 22.44070 

907 ................ ¥172.25302 22.44519 

908 ................ ¥172.28861 22.45001 

909 ................ ¥172.32414 22.45515 

910 ................ ¥172.37735 22.46346 

911 ................ ¥172.41274 22.46941 

912 ................ ¥172.46572 22.47892 

913 ................ ¥172.50095 22.48566 

914 ................ ¥172.55367 22.49638 

915 ................ ¥172.58872 22.50392 

916 ................ ¥172.64114 22.51582 

917 ................ ¥172.67599 22.52415 

918 ................ ¥172.71075 22.53279 

919 ................ ¥172.76272 22.54635 

920 ................ ¥172.79725 22.55578 

921 ................ ¥172.83168 22.56552 

922 ................ ¥172.86601 22.57558 

923 ................ ¥172.90023 22.58594 

924 ................ ¥172.95136 22.60207 

925 ................ ¥172.98531 22.61320 

926 ................ ¥173.03602 22.63048 


ddrumheller on DSK120RN23PROD with RULES2
4900 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

Point No. Longitude Latitude 

927 ................ ¥173.08645 22.64845 

928 ................ ¥173.11992 22.66081 

929 ................ ¥173.15325 22.67347 

930 ................ ¥173.18646 22.68643 

931 ................ ¥173.23601 22.70643 

932 ................ ¥173.26888 22.72014 

933 ................ ¥173.30160 22.73415 

934 ................ ¥173.34556 22.75354 

935 ................ ¥173.37723 22.74830 

936 ................ ¥173.41276 22.74274 

937 ................ ¥173.44836 22.73750 

938 ................ ¥173.48400 22.73258 

939 ................ ¥173.51970 22.72798 

940 ................ ¥173.55544 22.72371 

941 ................ ¥173.59122 22.71976 

942 ................ ¥173.62704 22.71613 

943 ................ ¥173.66290 22.71283 

944 ................ ¥173.69879 22.70985 

945 ................ ¥173.73471 22.70720 

946 ................ ¥173.77065 22.70487 

947 ................ ¥173.80661 22.70286 

948 ................ ¥173.84260 22.70118 

949 ................ ¥173.87860 22.69983 

950 ................ ¥173.91461 22.69880 

951 ................ ¥173.95063 22.69810 

952 ................ ¥173.98666 22.69772 

953 ................ ¥174.02268 22.69767 

954 ................ ¥174.05871 22.69794 

955 ................ ¥174.09473 22.69854 

956 ................ ¥174.13075 22.69947 

957 ................ ¥174.16675 22.70072 

958 ................ ¥174.20274 22.70229 

959 ................ ¥174.23871 22.70419 

960 ................ ¥174.27466 22.70642 

961 ................ ¥174.31059 22.70897 

962 ................ ¥174.34649 22.71185 

963 ................ ¥174.38235 22.71504 

964 ................ ¥174.41819 22.71857 

965 ................ ¥174.45398 22.72242 

966 ................ ¥174.48974 22.72659 

967 ................ ¥174.52545 22.73108 

968 ................ ¥174.56111 22.73589 

969 ................ ¥174.59672 22.74103 

970 ................ ¥174.63227 22.74649 

971 ................ ¥174.66777 22.75227 

972 ................ ¥174.70321 22.75837 

973 ................ ¥174.73859 22.76479 

974 ................ ¥174.77389 22.77153 

975 ................ ¥174.82672 22.78224 

976 ................ ¥174.86184 22.78978 

977 ................ ¥174.89689 22.79763 

978 ................ ¥174.93185 22.80580 

979 ................ ¥174.96673 22.81429 

980 ................ ¥175.00151 22.82309 

981 ................ ¥175.03621 22.83220 

982 ................ ¥175.07081 22.84163 

983 ................ ¥175.10531 22.85136 

984 ................ ¥175.13972 22.86141 

985 ................ ¥175.17401 22.87177 

986 ................ ¥175.20820 22.88244 

987 ................ ¥175.24228 22.89342 

988 ................ ¥175.27624 22.90471 

989 ................ ¥175.31009 22.91630 

990 ................ ¥175.34381 22.92820 

991 ................ ¥175.37741 22.94040 

992 ................ ¥175.41089 22.95290 

993 ................ ¥175.44423 22.96571 

994 ................ ¥175.47744 22.97882 

995 ................ ¥175.51051 22.99222 

996 ................ ¥175.54345 23.00593 

997 ................ ¥175.57624 23.01993 

998 ................ ¥175.60888 23.03422 

999 ................ ¥175.64138 23.04881 

1000 .............. ¥175.67372 23.06370 

Point No. Longitude Latitude 

1001 .............. ¥175.70591 23.07887 

1002 .............. ¥175.73795 23.09434 

1003 .............. ¥175.76982 23.11009 

1004 .............. ¥175.81731 23.13426 

1005 .............. ¥175.84877 23.15073 

1006 .............. ¥175.88005 23.16748 

1007 .............. ¥175.91116 23.18451 

1008 .............. ¥175.94209 23.20183 

1009 .............. ¥175.98815 23.22832 

1010 .............. ¥176.01862 23.24633 

1011 .............. ¥176.04891 23.26461 

1012 .............. ¥176.09398 23.29254 

1013 .............. ¥176.12379 23.31150 

1014 .............. ¥176.15339 23.33073 

1015 .............. ¥176.18280 23.35022 

1016 .............. ¥176.21200 23.36998 

1017 .............. ¥176.25542 23.40011 

1018 .............. ¥176.28410 23.42052 

1019 .............. ¥176.31256 23.44119 

1020 .............. ¥176.35486 23.47268 

1021 .............. ¥176.38278 23.49399 

1022 .............. ¥176.41048 23.51554 

1023 .............. ¥176.43795 23.53735 

1024 .............. ¥176.46520 23.55940 

1025 .............. ¥176.50563 23.59294 

1026 .............. ¥176.53229 23.61560 

1027 .............. ¥176.55872 23.63850 

1028 .............. ¥176.59790 23.67330 

1029 .............. ¥176.62372 23.69679 

1030 .............. ¥176.66199 23.73246 

1031 .............. ¥176.68719 23.75653 

1032 .............. ¥176.71213 23.78082 

1033 .............. ¥176.73682 23.80534 

1034 .............. ¥176.76125 23.83007 

1035 .............. ¥176.78542 23.85503 

1036 .............. ¥176.80933 23.88021 

1037 .............. ¥176.83297 23.90559 

1038 .............. ¥176.85635 23.93119 

1039 .............. ¥176.87945 23.95700 

1040 .............. ¥176.90229 23.98302 

1041 .............. ¥176.93602 24.02243 

1042 .............. ¥176.96913 24.06229 

1043 .............. ¥176.99085 24.08911 

1044 .............. ¥177.01229 24.11613 

1045 .............. ¥177.03344 24.14334 

1046 .............. ¥177.06462 24.18450 

1047 .............. ¥177.08505 24.21218 

1048 .............. ¥177.10518 24.24004 

1049 .............. ¥177.12502 24.26808 

1050 .............. ¥177.14456 24.29630 

1051 .............. ¥177.17331 24.33895 

1052 .............. ¥177.19210 24.36760 

1053 .............. ¥177.21058 24.39642 

1054 .............. ¥177.22875 24.42540 

1055 .............. ¥177.25544 24.46918 

1056 .............. ¥177.27284 24.49856 

1057 .............. ¥177.28992 24.52810 

1058 .............. ¥177.30670 24.55779 

1059 .............. ¥177.32315 24.58763 

1060 .............. ¥177.33929 24.61762 

1061 .............. ¥177.36249 24.66210 

1062 .............. ¥177.38606 24.67081 

1063 .............. ¥177.41985 24.68359 

1064 .............. ¥177.45352 24.69667 

1065 .............. ¥177.48704 24.71005 

1066 .............. ¥177.53706 24.73067 

1067 .............. ¥177.57023 24.74479 

1068 .............. ¥177.60325 24.75920 

1069 .............. ¥177.63612 24.77391 

1070 .............. ¥177.66883 24.78890 

1071 .............. ¥177.71760 24.81194 

1072 .............. ¥177.74992 24.82767 

1073 .............. ¥177.78207 24.84367 

1074 .............. ¥177.81404 24.85997 

Point No. Longitude Latitude 

1075 .............. ¥177.83690 24.87185 

1076 .............. ¥177.88667 24.87745 

1077 .............. ¥177.94111 24.88429 

1078 .............. ¥177.97195 24.88850 

1079 .............. ¥177.99642 24.89200 

1080 .............. ¥178.05062 24.90028 

1081 .............. ¥178.10469 24.90929 

1082 .............. ¥178.14066 24.91569 

1083 .............. ¥178.16577 24.92034 

1084 .............. ¥178.21953 24.93078 

1085 .............. ¥178.27313 24.94194 

1086 .............. ¥178.32655 24.95380 

1087 .............. ¥178.37978 24.96637 

1088 .............. ¥178.43281 24.97965 

1089 .............. ¥178.48563 24.99363 

1090 .............. ¥178.53822 25.00832 

1091 .............. ¥178.59058 25.02370 

1092 .............. ¥178.61445 25.03096 

1093 .............. ¥178.64360 25.04005 

1094 .............. ¥178.67821 25.05115 

1095 .............. ¥178.70077 25.05859 

1096 .............. ¥178.72148 25.06052 

1097 .............. ¥178.75794 25.06420 

1098 .............. ¥178.81257 25.07031 

1099 .............. ¥178.86732 25.07718 

1100 .............. ¥178.90360 25.08214 

1101 .............. ¥178.93984 25.08742 

1102 .............. ¥178.98140 25.09383 

1103 .............. ¥179.01755 25.09959 

1104 .............. ¥179.07166 25.10883 

1105 .............. ¥179.10765 25.11539 

1106 .............. ¥179.14357 25.12227 

1107 .............. ¥179.19731 25.13318 

1108 .............. ¥179.25088 25.14480 

1109 .............. ¥179.28649 25.15295 

1110 .............. ¥179.32201 25.16141 

1111 .............. ¥179.35744 25.17018 

1112 .............. ¥179.38198 25.17642 

1113 .............. ¥179.43515 25.19048 

1114 .............. ¥179.47030 25.20018 

1115 .............. ¥179.50534 25.21020 

1116 .............. ¥179.55771 25.22581 

1117 .............. ¥179.60982 25.24211 

1118 .............. ¥179.66167 25.25910 

1119 .............. ¥179.69609 25.27081 

1120 .............. ¥179.73039 25.28283 

1121 .............. ¥179.76456 25.29514 

1122 .............. ¥179.79860 25.30776 

1123 .............. ¥179.83251 25.32068 

1124 .............. ¥179.86628 25.33389 

1125 .............. ¥179.89991 25.34741 

1126 .............. ¥179.93340 25.36122 

1127 .............. ¥179.96674 25.37533 

1128 .............. ¥180.00000 25.38976 

Appendix B to Subpart W of Part 922— 

Coordinates for the Outer Sanctuary 

Zone 

[Coordinates listed in this appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983] 

The boundaries for the areas listed in this 

appendix, unless otherwise described in this 

rule, begin at Point 1 as indicated in the 

particular area’s coordinate table and 

continue to each successive point in 

numerical order until ending at the last point 

in the table. 

Point No. Longitude Latitude 

1 .................... 180.00000 25.38976 

2 .................... 179.99985 25.38982 


ddrumheller on DSK120RN23PROD with RULES2
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4901 

Point No. Longitude Latitude 

3 .................... 179.96681 25.40451 

4 .................... 179.93392 25.41950 

5 .................... 179.90119 25.43477 

6 .................... 179.86863 25.45034 

7 .................... 179.83622 25.46619 

8 .................... 179.78793 25.49050 

9 .................... 179.75595 25.50707 

10 .................. 179.72415 25.52391 

11 .................. 179.69252 25.54104 

12 .................. 179.66108 25.55844 

13 .................. 179.62981 25.57612 

14 .................. 179.59874 25.59408 

15 .................. 179.56786 25.61231 

16 .................. 179.53716 25.63081 

17 .................. 179.50667 25.64959 

18 .................. 179.47637 25.66863 

19 .................. 179.44627 25.68794 

20 .................. 179.41638 25.70751 

21 .................. 179.38670 25.72735 

22 .................. 179.35722 25.74745 

23 .................. 179.32796 25.76781 

24 .................. 179.28448 25.79883 

25 .................. 179.25576 25.81983 

26 .................. 179.22255 25.84463 

27 .................. 179.18175 25.87583 

28 .................. 179.15383 25.89770 

29 .................. 179.12613 25.91982 

30 .................. 179.09868 25.94218 

31 .................. 179.07146 25.96479 

32 .................. 179.03108 25.99915 

33 .................. 179.00447 26.02235 

34 .................. 178.97810 26.04578 

35 .................. 178.93902 26.08137 

36 .................. 178.91329 26.10537 

37 .................. 178.88781 26.12961 

38 .................. 178.86259 26.15407 

39 .................. 178.82525 26.19117 

40 .................. 178.80068 26.21618 

41 .................. 178.77639 26.24141 

42 .................. 178.75236 26.26685 

43 .................. 178.71684 26.30540 

44 .................. 178.69349 26.33136 

45 .................. 178.65901 26.37068 

46 .................. 178.63637 26.39715 

47 .................. 178.61378 26.42409 

48 .................. 178.59171 26.45096 

49 .................. 178.56993 26.47801 

50 .................. 178.54844 26.50526 

51 .................. 178.52724 26.53270 

52 .................. 178.49600 26.57420 

53 .................. 178.46544 26.61611 

54 .................. 178.44544 26.64427 

55 .................. 178.41601 26.68685 

56 .................. 178.39677 26.71544 

57 .................. 178.37784 26.74421 

58 .................. 178.35922 26.77314 

59 .................. 178.34092 26.80223 

60 .................. 178.30653 26.85803 

61 .................. 178.28885 26.88744 

62 .................. 178.26293 26.93184 

63 .................. 178.24606 26.96164 

64 .................. 178.22951 26.99158 

65 .................. 178.21329 27.02166 

66 .................. 178.19632 27.05394 

67 .................. 178.17402 27.09775 

68 .................. 178.15895 27.12831 

69 .................. 178.14422 27.15901 

70 .................. 178.12274 27.20530 

71 .................. 178.10884 27.23631 

72 .................. 178.08864 27.28305 

73 .................. 178.06920 27.33006 

74 .................. 178.05667 27.36154 

75 .................. 178.03853 27.40896 

76 .................. 178.02687 27.44071 

Point No. Longitude Latitude 

77 .................. 178.01003 27.48851 

78 .................. 177.99924 27.52051 

79 .................. 177.98881 27.55259 

80 .................. 177.97873 27.58477 

81 .................. 177.96901 27.61703 

82 .................. 177.95509 27.66559 

83 .................. 177.94198 27.71432 

84 .................. 177.93368 27.74690 

85 .................. 177.92568 27.77984 

86 .................. 177.91811 27.81256 

87 .................. 177.90744 27.86176 

88 .................. 177.90079 27.89464 

89 .................. 177.89149 27.94406 

90 .................. 177.88574 27.97707 

91 .................. 177.88037 28.01014 

92 .................. 177.87300 28.05982 

93 .................. 177.86647 28.10958 

94 .................. 177.86258 28.14281 

95 .................. 177.85744 28.19271 

96 .................. 177.85448 28.22601 

97 .................. 177.85073 28.27601 

98 .................. 177.84871 28.30936 

99 .................. 177.84706 28.34273 

100 ................ 177.84529 28.39281 

101 ................ 177.84437 28.44291 

102 ................ 177.84422 28.47631 

103 ................ 177.84445 28.50971 

104 ................ 177.84551 28.55981 

105 ................ 177.84670 28.59348 

106 ................ 177.84844 28.63098 

107 ................ 177.85148 28.68101 

108 ................ 177.85399 28.71434 

109 ................ 177.85761 28.75561 

110 ................ 177.86197 28.79830 

111 ................ 177.86786 28.84813 

112 ................ 177.87226 28.88131 

113 ................ 177.87543 28.90359 

114 ................ 177.87967 28.93174 

115 ................ 177.88514 28.96554 

116 ................ 177.89133 29.00123 

117 ................ 177.90063 29.05066 

118 ................ 177.90735 29.08379 

119 ................ 177.91806 29.13300 

120 ................ 177.92568 29.16572 

121 ................ 177.93780 29.21468 

122 ................ 177.94636 29.24723 

123 ................ 177.95989 29.29590 

124 ................ 177.96959 29.32896 

125 ................ 177.97946 29.36123 

126 ................ 177.98970 29.39340 

127 ................ 178.00575 29.44148 

128 ................ 178.01692 29.47341 

129 ................ 178.03438 29.52113 

130 ................ 178.04647 29.55280 

131 ................ 178.06531 29.60012 

132 ................ 178.08497 29.64717 

133 ................ 178.09853 29.67840 

134 ................ 178.11268 29.71000 

135 ................ 178.13426 29.75642 

136 ................ 178.15665 29.80255 

137 ................ 178.17203 29.83313 

138 ................ 178.19577 29.87875 

139 ................ 178.21216 29.90921 

140 ................ 178.22879 29.93930 

141 ................ 178.25439 29.98416 

142 ................ 178.27525 30.01949 

143 ................ 178.29311 30.04905 

144 ................ 178.31861 30.09002 

145 ................ 178.34009 30.12350 

146 ................ 178.35931 30.15271 

147 ................ 178.38857 30.19588 

148 ................ 178.41018 30.22681 

149 ................ 178.43934 30.26737 

150 ................ 178.47063 30.30946 

Point No. Longitude Latitude 

151 ................ 178.49239 30.33792 

152 ................ 178.51400 30.36556 

153 ................ 178.54703 30.40666 

154 ................ 178.57973 30.44608 

155 ................ 178.60482 30.47552 

156 ................ 178.62805 30.50217 

157 ................ 178.65341 30.53062 

158 ................ 178.68811 30.56854 

159 ................ 178.71589 30.59815 

160 ................ 178.75298 30.63662 

161 ................ 178.77809 30.66199 

162 ................ 178.80351 30.68714 

163 ................ 178.84220 30.72443 

164 ................ 178.88157 30.76121 

165 ................ 178.90818 30.78543 

166 ................ 178.94864 30.82133 

167 ................ 178.97598 30.84496 

168 ................ 179.00360 30.86835 

169 ................ 179.04556 30.90298 

170 ................ 179.07393 30.92578 

171 ................ 179.11693 30.95947 

172 ................ 179.14594 30.98161 

173 ................ 179.18995 31.01433 

174 ................ 179.21963 31.03582 

175 ................ 179.26462 31.06757 

176 ................ 179.29516 31.08855 

177 ................ 179.34112 31.11929 

178 ................ 179.38763 31.14941 

179 ................ 179.41894 31.16915 

180 ................ 179.45050 31.18861 

181 ................ 179.49827 31.21728 

182 ................ 179.54657 31.24532 

183 ................ 179.57905 31.26365 

184 ................ 179.61792 31.28512 

185 ................ 179.65085 31.30287 

186 ................ 179.70065 31.32895 

187 ................ 179.73411 31.34597 

188 ................ 179.77707 31.36728 

189 ................ 179.81095 31.38371 

190 ................ 179.86214 31.40779 

191 ................ 179.89652 31.42346 

192 ................ 179.94844 31.44640 

193 ................ 179.98329 31.46131 

194 ................ ¥180.00000 31.46823 

195 ................ ¥179.96410 31.48309 

196 ................ ¥179.92880 31.49723 

197 ................ ¥179.89333 31.51105 

198 ................ ¥179.83980 31.53119 

199 ................ ¥179.78591 31.55062 

200 ................ ¥179.74978 31.56318 

201 ................ ¥179.71350 31.57542 

202 ................ ¥179.65880 31.59317 

203 ................ ¥179.62215 31.60460 

204 ................ ¥179.56691 31.62114 

205 ................ ¥179.51138 31.63695 

206 ................ ¥179.47371 31.64721 

207 ................ ¥179.41770 31.66178 

208 ................ ¥179.38021 31.67109 

209 ................ ¥179.33210 31.68252 

210 ................ ¥179.28243 31.69383 

211 ................ ¥179.23675 31.70369 

212 ................ ¥179.19878 31.71149 

213 ................ ¥179.16071 31.71896 

214 ................ ¥179.10344 31.72953 

215 ................ ¥179.06516 31.73615 

216 ................ ¥179.00758 31.74546 

217 ................ ¥178.94983 31.75399 

218 ................ ¥178.90738 31.75980 

219 ................ ¥178.86874 31.76473 

220 ................ ¥178.82975 31.76934 

221 ................ ¥178.79099 31.77358 

222 ................ ¥178.75218 31.77748 

223 ................ ¥178.71331 31.78104 

224 ................ ¥178.67441 31.78425 


ddrumheller on DSK120RN23PROD with RULES2
4902 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

Point No. Longitude Latitude 

225 ................ ¥178.63547 31.78712 

226 ................ ¥178.59650 31.78964 

227 ................ ¥178.55749 31.79182 

228 ................ ¥178.51846 31.79366 

229 ................ ¥178.47941 31.79515 

230 ................ ¥178.43412 31.79649 

231 ................ ¥178.39504 31.79729 

232 ................ ¥178.35596 31.79775 

233 ................ ¥178.32396 31.79786 

234 ................ ¥178.28487 31.79769 

235 ................ ¥178.24552 31.79717 

236 ................ ¥178.20645 31.79631 

237 ................ ¥178.16738 31.79510 

238 ................ ¥178.12834 31.79355 

239 ................ ¥178.08931 31.79165 

240 ................ ¥178.05031 31.78940 

241 ................ ¥178.01134 31.78682 

242 ................ ¥177.97241 31.78389 

243 ................ ¥177.93351 31.78061 

244 ................ ¥177.89466 31.77699 

245 ................ ¥177.85585 31.77303 

246 ................ ¥177.81646 31.76865 

247 ................ ¥177.77776 31.76401 

248 ................ ¥177.73912 31.75902 

249 ................ ¥177.70055 31.75369 

250 ................ ¥177.66205 31.74802 

251 ................ ¥177.62362 31.74202 

252 ................ ¥177.58526 31.73567 

253 ................ ¥177.54140 31.72800 

254 ................ ¥177.50321 31.72097 

255 ................ ¥177.46512 31.71361 

256 ................ ¥177.42712 31.70592 

257 ................ ¥177.38921 31.69788 

258 ................ ¥177.35141 31.68952 

259 ................ ¥177.31372 31.68082 

260 ................ ¥177.27613 31.67179 

261 ................ ¥177.23866 31.66242 

262 ................ ¥177.20131 31.65273 

263 ................ ¥177.16094 31.64185 

264 ................ ¥177.12384 31.63150 

265 ................ ¥177.08687 31.62082 

266 ................ ¥177.04995 31.60978 

267 ................ ¥176.99406 31.60543 

268 ................ ¥176.95227 31.60174 

269 ................ ¥176.91351 31.59795 

270 ................ ¥176.87481 31.59382 

271 ................ ¥176.83616 31.58934 

272 ................ ¥176.79756 31.58453 

273 ................ ¥176.73979 31.57666 

274 ................ ¥176.70136 31.57100 

275 ................ ¥176.66300 31.56499 

276 ................ ¥176.60561 31.55534 

277 ................ ¥176.56718 31.54844 

278 ................ ¥176.52911 31.54125 

279 ................ ¥176.49114 31.53372 

280 ................ ¥176.45325 31.52586 

281 ................ ¥176.41282 31.51708 

282 ................ ¥176.37095 31.50759 

283 ................ ¥176.33338 31.49873 

284 ................ ¥176.29414 31.48910 

285 ................ ¥176.23818 31.47469 

286 ................ ¥176.20102 31.46467 

287 ................ ¥176.14552 31.44902 

288 ................ ¥176.10869 31.43818 

289 ................ ¥176.07199 31.42701 

290 ................ ¥176.03543 31.41553 

291 ................ ¥175.99902 31.40371 

292 ................ ¥175.94468 31.38539 

293 ................ ¥175.90865 31.37278 

294 ................ ¥175.87278 31.35985 

295 ................ ¥175.83644 31.34637 

296 ................ ¥175.80089 31.33281 

297 ................ ¥175.76551 31.31893 

298 ................ ¥175.72777 31.30370 

Point No. Longitude Latitude 

299 ................ ¥175.67361 31.30264 

300 ................ ¥175.62462 31.30118 

301 ................ ¥175.58577 31.29962 

302 ................ ¥175.56300 31.29856 

303 ................ ¥175.50480 31.29533 

304 ................ ¥175.44667 31.29132 

305 ................ ¥175.38861 31.28654 

306 ................ ¥175.33066 31.28099 

307 ................ ¥175.27281 31.27467 

308 ................ ¥175.21509 31.26757 

309 ................ ¥175.15434 31.25928 

310 ................ ¥175.10019 31.25117 

311 ................ ¥175.05021 31.24316 

312 ................ ¥174.99307 31.23327 

313 ................ ¥174.93613 31.22261 

314 ................ ¥174.87938 31.21120 

315 ................ ¥174.82112 31.19865 

316 ................ ¥174.78357 31.19012 

317 ................ ¥174.74613 31.18126 

318 ................ ¥174.69017 31.16735 

319 ................ ¥174.65301 31.15766 

320 ................ ¥174.61598 31.14765 

321 ................ ¥174.57907 31.13730 

322 ................ ¥174.54229 31.12663 

323 ................ ¥174.48737 31.11001 

324 ................ ¥174.43277 31.09266 

325 ................ ¥174.39656 31.08069 

326 ................ ¥174.36049 31.06840 

327 ................ ¥174.32457 31.05579 

328 ................ ¥174.28881 31.04287 

329 ................ ¥174.25322 31.02962 

330 ................ ¥174.21779 31.01607 

331 ................ ¥174.16782 30.99630 

332 ................ ¥174.12317 30.97807 

333 ................ ¥174.08835 30.96342 

334 ................ ¥174.03646 30.94087 

335 ................ ¥174.00210 30.92545 

336 ................ ¥173.95092 30.90176 

337 ................ ¥173.91394 30.88410 

338 ................ ¥173.88027 30.86763 

339 ................ ¥173.83014 30.84236 

340 ................ ¥173.79699 30.82515 

341 ................ ¥173.74828 30.79912 

342 ................ ¥173.71286 30.77965 

343 ................ ¥173.67333 30.75735 

344 ................ ¥173.63202 30.73338 

345 ................ ¥173.60020 30.71444 

346 ................ ¥173.56860 30.69522 

347 ................ ¥173.52165 30.66586 

348 ................ ¥173.49065 30.64594 

349 ................ ¥173.45306 30.62120 

350 ................ ¥173.40817 30.59091 

351 ................ ¥173.37804 30.57004 

352 ................ ¥173.34479 30.54651 

353 ................ ¥173.30046 30.51431 

354 ................ ¥173.25673 30.48153 

355 ................ ¥173.22791 30.45935 

356 ................ ¥173.19936 30.43692 

357 ................ ¥173.15960 30.40490 

358 ................ ¥173.12000 30.37227 

359 ................ ¥173.09241 30.34897 

360 ................ ¥173.06512 30.32542 

361 ................ ¥173.02470 30.28965 

362 ................ ¥172.98494 30.25335 

363 ................ ¥172.95880 30.22886 

364 ................ ¥172.93295 30.20413 

365 ................ ¥172.89474 30.16662 

366 ................ ¥172.85721 30.12860 

367 ................ ¥172.83096 30.10131 

368 ................ ¥172.79458 30.06247 

369 ................ ¥172.77072 30.03631 

370 ................ ¥172.74717 30.00995 

371 ................ ¥172.71244 29.97001 

372 ................ ¥172.67843 29.92961 

Point No. Longitude Latitude 

373 ................ ¥172.65616 29.90243 

374 ................ ¥172.62336 29.86129 

375 ................ ¥172.60190 29.83362 

376 ................ ¥172.57892 29.80334 

377 ................ ¥172.55812 29.77530 

378 ................ ¥172.52756 29.73290 

379 ................ ¥172.50760 29.70441 

380 ................ ¥172.48798 29.67574 

381 ................ ¥172.46870 29.64690 

382 ................ ¥172.44976 29.61789 

383 ................ ¥172.42200 29.57406 

384 ................ ¥172.40392 29.54464 

385 ................ ¥172.37746 29.50021 

386 ................ ¥172.35178 29.45544 

387 ................ ¥172.33510 29.42540 

388 ................ ¥172.31074 29.38007 

389 ................ ¥172.29495 29.34967 

390 ................ ¥172.27193 29.30382 

391 ................ ¥172.25702 29.27308 

392 ................ ¥172.23535 29.22673 

393 ................ ¥172.22135 29.19567 

394 ................ ¥172.20103 29.14885 

395 ................ ¥172.18794 29.11749 

396 ................ ¥172.18269 29.10461 

397 ................ ¥172.14425 29.10857 

398 ................ ¥172.10644 29.11211 

399 ................ ¥172.06858 29.11531 

400 ................ ¥172.01172 29.11948 

401 ................ ¥171.95480 29.12286 

402 ................ ¥171.91682 29.12469 

403 ................ ¥171.87882 29.12618 

404 ................ ¥171.82179 29.12776 

405 ................ ¥171.78376 29.12839 

406 ................ ¥171.73360 29.12869 

407 ................ ¥171.67655 29.12830 

408 ................ ¥171.63852 29.12761 

409 ................ ¥171.60049 29.12658 

410 ................ ¥171.54349 29.12439 

411 ................ ¥171.50552 29.12250 

412 ................ ¥171.45928 29.11977 

413 ................ ¥171.42136 29.11719 

414 ................ ¥171.38347 29.11427 

415 ................ ¥171.32671 29.10925 

416 ................ ¥171.28892 29.10547 

417 ................ ¥171.25118 29.10135 

418 ................ ¥171.21350 29.09689 

419 ................ ¥171.17551 29.09204 

420 ................ ¥171.13794 29.08690 

421 ................ ¥171.10043 29.08142 

422 ................ ¥171.04430 29.07256 

423 ................ ¥171.00697 29.06623 

424 ................ ¥170.96972 29.05956 

425 ................ ¥170.93255 29.05256 

426 ................ ¥170.89547 29.04522 

427 ................ ¥170.85848 29.03755 

428 ................ ¥170.82159 29.02954 

429 ................ ¥170.78479 29.02120 

430 ................ ¥170.74809 29.01253 

431 ................ ¥170.69325 28.99890 

432 ................ ¥170.65683 28.98940 

433 ................ ¥170.60242 28.97453 

434 ................ ¥170.56630 28.96421 

435 ................ ¥170.53030 28.95356 

436 ................ ¥170.49444 28.94259 

437 ................ ¥170.44089 28.92552 

438 ................ ¥170.40537 28.91374 

439 ................ ¥170.36999 28.90164 

440 ................ ¥170.33476 28.88922 

441 ................ ¥170.29968 28.87648 

442 ................ ¥170.24735 28.85678 

443 ................ ¥170.21266 28.84325 

444 ................ ¥170.16441 28.82380 

445 ................ ¥170.11868 28.81843 

446 ................ ¥170.06241 28.81110 


ddrumheller on DSK120RN23PROD with RULES2
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4903 

Point No. Longitude Latitude 

447 ................ ¥170.00627 28.80301 

448 ................ ¥169.95029 28.79415 

449 ................ ¥169.89448 28.78454 

450 ................ ¥169.85736 28.77770 

451 ................ ¥169.80186 28.76683 

452 ................ ¥169.74655 28.75519 

453 ................ ¥169.69147 28.74281 

454 ................ ¥169.63661 28.72968 

455 ................ ¥169.60017 28.72051 

456 ................ ¥169.54573 28.70614 

457 ................ ¥169.49155 28.69103 

458 ................ ¥169.45559 28.68055 

459 ................ ¥169.40188 28.66422 

460 ................ ¥169.34847 28.64716 

461 ................ ¥169.29538 28.62937 

462 ................ ¥169.24262 28.61087 

463 ................ ¥169.19019 28.59165 

464 ................ ¥169.13811 28.57172 

465 ................ ¥169.08640 28.55108 

466 ................ ¥169.03506 28.52974 

467 ................ ¥169.00106 28.51513 

468 ................ ¥168.95037 28.49264 

469 ................ ¥168.90010 28.46945 

470 ................ ¥168.85025 28.44559 

471 ................ ¥168.81726 28.42931 

472 ................ ¥168.76813 28.40432 

473 ................ ¥168.71946 28.37867 

474 ................ ¥168.67125 28.35237 

475 ................ ¥168.62352 28.32541 

476 ................ ¥168.58344 28.30203 

477 ................ ¥168.53902 28.30813 

478 ................ ¥168.48296 28.31510 

479 ................ ¥168.42677 28.32131 

480 ................ ¥168.37049 28.32675 

481 ................ ¥168.33291 28.32995 

482 ................ ¥168.27648 28.33411 

483 ................ ¥168.21998 28.33750 

484 ................ ¥168.16342 28.34011 

485 ................ ¥168.10683 28.34195 

486 ................ ¥168.05021 28.34302 

487 ................ ¥168.00043 28.34332 

488 ................ ¥167.94380 28.34293 

489 ................ ¥167.88718 28.34177 

490 ................ ¥167.83059 28.33984 

491 ................ ¥167.77404 28.33713 

492 ................ ¥167.73621 28.33489 

493 ................ ¥167.67976 28.33089 

494 ................ ¥167.62339 28.32613 

495 ................ ¥167.56712 28.32059 

496 ................ ¥167.51095 28.31429 

497 ................ ¥167.45490 28.30722 

498 ................ ¥167.39898 28.29939 

499 ................ ¥167.34321 28.29079 

500 ................ ¥167.30612 28.28464 

501 ................ ¥167.25063 28.27477 

502 ................ ¥167.21374 28.26778 

503 ................ ¥167.15856 28.25665 

504 ................ ¥167.10359 28.24478 

505 ................ ¥167.04883 28.23215 

506 ................ ¥166.99432 28.21878 

507 ................ ¥166.94004 28.20466 

508 ................ ¥166.88603 28.18981 

509 ................ ¥166.85017 28.17950 

510 ................ ¥166.81444 28.16886 

511 ................ ¥166.79269 28.16221 

512 ................ ¥166.76001 28.15196 

513 ................ ¥166.72461 28.14051 

514 ................ ¥166.68934 28.12874 

515 ................ ¥166.65422 28.11665 

516 ................ ¥166.61924 28.10424 

517 ................ ¥166.58441 28.09152 

518 ................ ¥166.54974 28.07847 

519 ................ ¥166.51522 28.06511 

520 ................ ¥166.48086 28.05144 

Point No. Longitude Latitude 

521 ................ ¥166.42964 28.03034 

522 ................ ¥166.39570 28.01589 

523 ................ ¥166.36193 28.00113 

524 ................ ¥166.31162 27.97842 

525 ................ ¥166.27830 27.96290 

526 ................ ¥166.24517 27.94707 

527 ................ ¥166.21223 27.93095 

528 ................ ¥166.17948 27.91452 

529 ................ ¥166.14693 27.89780 

530 ................ ¥166.11458 27.88078 

531 ................ ¥166.06622 27.85459 

532 ................ ¥166.03438 27.83684 

533 ................ ¥166.00275 27.81881 

534 ................ ¥165.97134 27.80048 

535 ................ ¥165.94014 27.78187 

536 ................ ¥165.90917 27.76298 

537 ................ ¥165.87842 27.74381 

538 ................ ¥165.83251 27.71439 

539 ................ ¥165.80234 27.69452 

540 ................ ¥165.77240 27.67438 

541 ................ ¥165.74242 27.65378 

542 ................ ¥165.71296 27.63310 

543 ................ ¥165.68375 27.61215 

544 ................ ¥165.65478 27.59094 

545 ................ ¥165.62607 27.56946 

546 ................ ¥165.59760 27.54773 

547 ................ ¥165.56939 27.52573 

548 ................ ¥165.54144 27.50348 

549 ................ ¥165.50001 27.46963 

550 ................ ¥165.47272 27.44675 

551 ................ ¥165.44570 27.42363 

552 ................ ¥165.41895 27.40026 

553 ................ ¥165.39248 27.37664 

554 ................ ¥165.36628 27.35279 

555 ................ ¥165.34036 27.32870 

556 ................ ¥165.30201 27.29213 

557 ................ ¥165.27680 27.26746 

558 ................ ¥165.25188 27.24255 

559 ................ ¥165.21504 27.20478 

560 ................ ¥165.19085 27.17932 

561 ................ ¥165.16695 27.15365 

562 ................ ¥165.14335 27.12775 

563 ................ ¥165.12006 27.10165 

564 ................ ¥165.09707 27.07533 

565 ................ ¥165.07732 27.05226 

566 ................ ¥165.03132 27.03829 

567 ................ ¥164.99614 27.02718 

568 ................ ¥164.96109 27.01574 

569 ................ ¥164.90877 26.99799 

570 ................ ¥164.85677 26.97951 

571 ................ ¥164.82201 26.96670 

572 ................ ¥164.70700 26.92271 

573 ................ ¥164.68299 26.92268 

574 ................ ¥164.64572 26.92233 

575 ................ ¥164.58983 26.92118 

576 ................ ¥164.55259 26.91997 

577 ................ ¥164.51536 26.91843 

578 ................ ¥164.45955 26.91547 

579 ................ ¥164.40380 26.91174 

580 ................ ¥164.34813 26.90724 

581 ................ ¥164.29254 26.90197 

582 ................ ¥164.25554 26.89803 

583 ................ ¥164.21858 26.89375 

584 ................ ¥164.16325 26.88669 

585 ................ ¥164.10804 26.87887 

586 ................ ¥164.05299 26.87029 

587 ................ ¥164.01637 26.86414 

588 ................ ¥163.97983 26.85766 

589 ................ ¥163.92516 26.84731 

590 ................ ¥163.87068 26.83620 

591 ................ ¥163.81641 26.82434 

592 ................ ¥163.78034 26.81602 

593 ................ ¥163.74438 26.80737 

594 ................ ¥163.69063 26.79377 

Point No. Longitude Latitude 

595 ................ ¥163.63712 26.77943 

596 ................ ¥163.58387 26.76435 

597 ................ ¥163.54853 26.75389 

598 ................ ¥163.51331 26.74311 

599 ................ ¥163.46071 26.72632 

600 ................ ¥163.40842 26.70881 

601 ................ ¥163.35645 26.69058 

602 ................ ¥163.30480 26.67164 

603 ................ ¥163.27056 26.65861 

604 ................ ¥163.21948 26.63848 

605 ................ ¥163.16876 26.61765 

606 ................ ¥163.13516 26.60338 

607 ................ ¥163.08506 26.58138 

608 ................ ¥163.03536 26.55870 

609 ................ ¥163.00000 26.54202 

610 ................ ¥163.00000 24.11409 

611 ................ ¥164.53740 24.39976 

612 ................ ¥165.58333 24.59413 

613 ................ ¥166.05600 24.68197 

614 ................ ¥166.75000 25.17393 

615 ................ ¥167.32998 25.58506 

616 ................ ¥167.44143 25.66407 

617 ................ ¥167.61200 25.78498 

618 ................ ¥167.80596 25.81664 

619 ................ ¥167.96475 25.84257 

620 ................ ¥170.38404 26.23759 

621 ................ ¥171.41934 26.55588 

622 ................ ¥171.45849 26.56791 

623 ................ ¥171.51400 26.58498 

624 ................ ¥171.56405 26.59157 

625 ................ ¥171.62846 26.60005 

626 ................ ¥173.51320 26.84822 

627 ................ ¥175.00000 28.26784 

628 ................ ¥175.17766 28.43748 

629 ................ ¥175.32900 28.58198 

630 ................ ¥175.57260 28.64457 

631 ................ ¥175.59127 28.64937 

632 ................ ¥177.12157 29.04257 

633 ................ ¥177.20130 29.05797 

634 ................ ¥178.14636 29.24060 

635 ................ ¥178.20545 29.24908 

636 ................ ¥178.26503 29.25427 

637 ................ ¥178.32487 29.25614 

638 ................ ¥178.38473 29.25468 

639 ................ ¥178.44436 29.24991 

640 ................ ¥178.50352 29.24183 

641 ................ ¥178.56197 29.23049 

642 ................ ¥178.61949 29.21593 

643 ................ ¥178.67583 29.19820 

644 ................ ¥178.73077 29.17738 

645 ................ ¥178.78409 29.15356 

646 ................ ¥178.83557 29.12682 

647 ................ ¥178.88501 29.09728 

648 ................ ¥178.93222 29.06506 

649 ................ ¥178.97700 29.03028 

650 ................ ¥179.01917 28.99308 

651 ................ ¥179.05858 28.95361 

652 ................ ¥179.09506 28.91204 

653 ................ ¥179.12848 28.86852 

654 ................ ¥179.15870 28.82324 

655 ................ ¥179.18560 28.77636 

656 ................ ¥179.20909 28.72809 

657 ................ ¥179.22907 28.67861 

658 ................ ¥179.24548 28.62811 

659 ................ ¥179.25824 28.57681 

660 ................ ¥179.26732 28.52490 

661 ................ ¥179.27269 28.47258 

662 ................ ¥179.27400 28.43037 

663 ................ ¥179.27432 28.42008 

664 ................ ¥179.27400 28.41208 

665 ................ ¥179.27222 28.36758 

666 ................ ¥179.26640 28.31530 

667 ................ ¥179.25689 28.26345 

668 ................ ¥179.24374 28.21223 


ddrumheller on DSK120RN23PROD with RULES2
4904 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

Point No. Longitude Latitude 

669 ................ ¥179.22699 28.16184 

670 ................ ¥179.20673 28.11247 

671 ................ ¥179.18302 28.06433 

672 ................ ¥179.15598 28.01760 

673 ................ ¥179.12572 27.97246 

674 ................ ¥179.09234 27.92909 

675 ................ ¥179.05599 27.88765 

676 ................ ¥179.01681 27.84832 

677 ................ ¥178.97496 27.81123 

678 ................ ¥178.93061 27.77654 

679 ................ ¥178.88391 27.74438 

680 ................ ¥178.83507 27.71488 

681 ................ ¥178.78427 27.68814 

682 ................ ¥178.73170 27.66428 

683 ................ ¥178.67758 27.64338 

684 ................ ¥178.62211 27.62552 

685 ................ ¥178.56551 27.61078 

686 ................ ¥178.49843 27.59784 

687 ................ ¥177.55523 27.41586 

688 ................ ¥176.49794 27.24611 

689 ................ ¥175.00000 25.83069 

690 ................ ¥174.41400 25.27697 

691 ................ ¥171.83651 24.93729 

692 ................ ¥170.86958 24.62936 

693 ................ ¥170.83964 24.61983 

694 ................ ¥170.79300 24.60497 

695 ................ ¥170.73999 24.59633 

696 ................ ¥168.38105 24.21167 

697 ................ ¥168.38083 24.21163 

698 ................ ¥168.38072 24.21155 

699 ................ ¥166.79085 23.09144 

700 ................ ¥166.75000 23.06265 

701 ................ ¥166.60000 22.95697 

702 ................ ¥166.38872 22.93221 

703 ................ ¥166.32723 22.92501 

704 ................ ¥165.58333 22.83782 

705 ................ ¥164.86038 22.75309 

706 ................ ¥163.00000 22.40727 

707 ................ ¥163.00000 19.23458 

708 ................ ¥163.02954 19.26137 

709 ................ ¥163.05474 19.28472 

710 ................ ¥163.07970 19.30831 

711 ................ ¥163.10443 19.33213 

712 ................ ¥163.12891 19.35619 

713 ................ ¥163.15314 19.38047 

714 ................ ¥163.18902 19.41731 

715 ................ ¥163.21262 19.44214 

716 ................ ¥163.23597 19.46720 

717 ................ ¥163.25906 19.49247 

718 ................ ¥163.28189 19.51796 

719 ................ ¥163.31564 19.55659 

720 ................ ¥163.33781 19.58261 

721 ................ ¥163.35971 19.60883 

722 ................ ¥163.38134 19.63525 

723 ................ ¥163.41328 19.67526 

724 ................ ¥163.43423 19.70218 

725 ................ ¥163.45489 19.72929 

726 ................ ¥163.47678 19.75859 

727 ................ ¥163.49689 19.78608 

728 ................ ¥163.51671 19.81376 

729 ................ ¥163.54591 19.85563 

730 ................ ¥163.56501 19.88376 

731 ................ ¥163.58383 19.91207 

732 ................ ¥163.60235 19.94056 

733 ................ ¥163.62957 19.98361 

734 ................ ¥163.64735 20.01252 

735 ................ ¥163.66483 20.04159 

736 ................ ¥163.68201 20.07082 

737 ................ ¥163.69888 20.10022 

738 ................ ¥163.71545 20.12977 

739 ................ ¥163.73841 20.17193 

740 ................ ¥163.75664 20.18197 

741 ................ ¥163.78708 20.19906 

742 ................ ¥163.81734 20.21644 

Point No. Longitude Latitude 

743 ................ ¥163.84743 20.23409 

744 ................ ¥163.87734 20.25202 

745 ................ ¥163.90706 20.27023 

746 ................ ¥163.93659 20.28870 

747 ................ ¥163.95588 20.30099 

748 ................ ¥163.98535 20.29532 

749 ................ ¥164.02014 20.28893 

750 ................ ¥164.07244 20.27996 

751 ................ ¥164.12487 20.27171 

752 ................ ¥164.17742 20.26419 

753 ................ ¥164.23008 20.25739 

754 ................ ¥164.28284 20.25133 

755 ................ ¥164.33569 20.24599 

756 ................ ¥164.38861 20.24139 

757 ................ ¥164.44159 20.23752 

758 ................ ¥164.49463 20.23438 

759 ................ ¥164.54771 20.23197 

760 ................ ¥164.58106 20.23084 

761 ................ ¥164.60571 20.23016 

762 ................ ¥164.65884 20.22922 

763 ................ ¥164.71217 20.22902 

764 ................ ¥164.74760 20.22930 

765 ................ ¥164.78302 20.22990 

766 ................ ¥164.83614 20.23141 

767 ................ ¥164.88922 20.23366 

768 ................ ¥164.92459 20.23557 

769 ................ ¥164.97761 20.23904 

770 ................ ¥165.01292 20.24176 

771 ................ ¥165.04914 20.24489 

772 ................ ¥165.10200 20.25007 

773 ................ ¥165.13720 20.25393 

774 ................ ¥165.18992 20.26033 

775 ................ ¥165.24253 20.26745 

776 ................ ¥165.27754 20.27261 

777 ................ ¥165.31250 20.27808 

778 ................ ¥165.36483 20.28690 

779 ................ ¥165.41702 20.29644 

780 ................ ¥165.45173 20.30321 

781 ................ ¥165.50401 20.31402 

782 ................ ¥165.54798 20.32372 

783 ................ ¥165.60124 20.31609 

784 ................ ¥165.65391 20.30930 

785 ................ ¥165.70669 20.30323 

786 ................ ¥165.75955 20.29790 

787 ................ ¥165.81249 20.29329 

788 ................ ¥165.86549 20.28942 

789 ................ ¥165.91855 20.28628 

790 ................ ¥165.97164 20.28388 

791 ................ ¥166.02477 20.28221 

792 ................ ¥166.07792 20.28127 

793 ................ ¥166.13108 20.28107 

794 ................ ¥166.18423 20.28160 

795 ................ ¥166.23737 20.28288 

796 ................ ¥166.29049 20.28488 

797 ................ ¥166.34357 20.28762 

798 ................ ¥166.36478 20.28892 

799 ................ ¥166.39682 20.29110 

800 ................ ¥166.43214 20.29382 

801 ................ ¥166.48507 20.29852 

802 ................ ¥166.52032 20.30205 

803 ................ ¥166.57311 20.30796 

804 ................ ¥166.61798 20.31350 

805 ................ ¥166.65308 20.31816 

806 ................ ¥166.70563 20.32577 

807 ................ ¥166.74060 20.33125 

808 ................ ¥166.77552 20.33705 

809 ................ ¥166.82777 20.34635 

810 ................ ¥166.87988 20.35637 

811 ................ ¥166.91453 20.36345 

812 ................ ¥166.94911 20.37085 

813 ................ ¥166.99267 20.38061 

814 ................ ¥167.02709 20.38865 

815 ................ ¥167.07857 20.40130 

816 ................ ¥167.11278 20.41012 

Point No. Longitude Latitude 

817 ................ ¥167.14689 20.41926 

818 ................ ¥167.19433 20.43226 

819 ................ ¥167.22831 20.44187 

820 ................ ¥167.26218 20.45180 

821 ................ ¥167.29596 20.46203 

822 ................ ¥167.32963 20.47258 

823 ................ ¥167.36319 20.48344 

824 ................ ¥167.39664 20.49460 

825 ................ ¥167.44659 20.51193 

826 ................ ¥167.47975 20.52386 

827 ................ ¥167.51278 20.53610 

828 ................ ¥167.54695 20.54913 

829 ................ ¥167.57973 20.56197 

830 ................ ¥167.61238 20.57511 

831 ................ ¥167.64489 20.58856 

832 ................ ¥167.67726 20.60230 

833 ................ ¥167.70949 20.61634 

834 ................ ¥167.74158 20.63068 

835 ................ ¥167.77351 20.64532 

836 ................ ¥167.80530 20.66024 

837 ................ ¥167.83694 20.67546 

838 ................ ¥167.86841 20.69097 

839 ................ ¥167.91533 20.71478 

840 ................ ¥167.94640 20.73101 

841 ................ ¥167.97731 20.74752 

842 ................ ¥168.00804 20.76432 

843 ................ ¥168.03861 20.78140 

844 ................ ¥168.08412 20.80755 

845 ................ ¥168.11424 20.82533 

846 ................ ¥168.14417 20.84338 

847 ................ ¥168.17392 20.86172 

848 ................ ¥168.20348 20.88032 

849 ................ ¥168.24746 20.90873 

850 ................ ¥168.27653 20.92801 

851 ................ ¥168.31977 20.95743 

852 ................ ¥168.36255 20.98744 

853 ................ ¥168.40487 21.01804 

854 ................ ¥168.43282 21.03877 

855 ................ ¥168.47433 21.07033 

856 ................ ¥168.50174 21.09169 

857 ................ ¥168.54244 21.12420 

858 ................ ¥168.58263 21.15727 

859 ................ ¥168.62230 21.19089 

860 ................ ¥168.66145 21.22506 

861 ................ ¥168.68726 21.24813 

862 ................ ¥168.71283 21.27145 

863 ................ ¥168.75073 21.30685 

864 ................ ¥168.77569 21.33075 

865 ................ ¥168.81266 21.36701 

866 ................ ¥168.83700 21.39147 

867 ................ ¥168.87302 21.42858 

868 ................ ¥168.90847 21.46618 

869 ................ ¥168.93178 21.49152 

870 ................ ¥168.96624 21.52992 

871 ................ ¥168.99177 21.55913 

872 ................ ¥169.02276 21.59546 

873 ................ ¥169.04473 21.62184 

874 ................ ¥169.07716 21.66178 

875 ................ ¥169.09844 21.68866 

876 ................ ¥169.12982 21.72934 

877 ................ ¥169.15039 21.75669 

878 ................ ¥169.18071 21.79808 

879 ................ ¥169.20233 21.82840 

880 ................ ¥169.21703 21.84743 

881 ................ ¥169.23883 21.85466 

882 ................ ¥169.27247 21.86611 

883 ................ ¥169.32272 21.88387 

884 ................ ¥169.37269 21.90231 

885 ................ ¥169.42237 21.92143 

886 ................ ¥169.47175 21.94122 

887 ................ ¥169.52083 21.96170 

888 ................ ¥169.56958 21.98284 

889 ................ ¥169.61800 22.00464 

890 ................ ¥169.66609 22.02710 


ddrumheller on DSK120RN23PROD with RULES2
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4905 

Point No. Longitude Latitude 

891 ................ ¥169.71382 22.05022 

892 ................ ¥169.76119 22.07399 

893 ................ ¥169.80819 22.09840 

894 ................ ¥169.85481 22.12345 

895 ................ ¥169.90103 22.14914 

896 ................ ¥169.94686 22.17546 

897 ................ ¥169.97718 22.19335 

898 ................ ¥170.00653 22.21103 

899 ................ ¥170.05123 22.20415 

900 ................ ¥170.08671 22.19907 

901 ................ ¥170.12224 22.19431 

902 ................ ¥170.15783 22.18987 

903 ................ ¥170.19345 22.18575 

904 ................ ¥170.22911 22.18196 

905 ................ ¥170.28268 22.17688 

906 ................ ¥170.31843 22.17390 

907 ................ ¥170.35421 22.17125 

908 ................ ¥170.39002 22.16891 

909 ................ ¥170.42584 22.16691 

910 ................ ¥170.46169 22.16523 

911 ................ ¥170.51549 22.16332 

912 ................ ¥170.55136 22.16245 

913 ................ ¥170.58725 22.16191 

914 ................ ¥170.62314 22.16170 

915 ................ ¥170.65929 22.16181 

916 ................ ¥170.69518 22.16224 

917 ................ ¥170.73106 22.16301 

918 ................ ¥170.76693 22.16410 

919 ................ ¥170.80279 22.16551 

920 ................ ¥170.83863 22.16725 

921 ................ ¥170.89236 22.17047 

922 ................ ¥170.92815 22.17302 

923 ................ ¥170.96391 22.17590 

924 ................ ¥170.99964 22.17910 

925 ................ ¥171.03533 22.18263 

926 ................ ¥171.07099 22.18648 

927 ................ ¥171.12440 22.19286 

928 ................ ¥171.15995 22.19751 

929 ................ ¥171.19545 22.20249 

930 ................ ¥171.23089 22.20780 

931 ................ ¥171.28396 22.21635 

932 ................ ¥171.33689 22.22563 

933 ................ ¥171.38967 22.23563 

934 ................ ¥171.42477 22.24269 

935 ................ ¥171.47727 22.25389 

936 ................ ¥171.52961 22.26579 

937 ................ ¥171.58175 22.27841 

938 ................ ¥171.63369 22.29174 

939 ................ ¥171.68543 22.30577 

940 ................ ¥171.73694 22.32050 

941 ................ ¥171.78823 22.33594 

942 ................ ¥171.83927 22.35207 

943 ................ ¥171.89005 22.36889 

944 ................ ¥171.94057 22.38641 

945 ................ ¥171.99082 22.40461 

946 ................ ¥172.03998 22.42318 

947 ................ ¥172.09233 22.42751 

948 ................ ¥172.12811 22.43088 

949 ................ ¥172.18170 22.43653 

950 ................ ¥172.21738 22.44070 

951 ................ ¥172.25302 22.44519 

952 ................ ¥172.28861 22.45001 

953 ................ ¥172.32414 22.45515 

954 ................ ¥172.37735 22.46346 

955 ................ ¥172.41274 22.46941 

956 ................ ¥172.46572 22.47892 

957 ................ ¥172.50095 22.48567 

958 ................ ¥172.55366 22.49638 

959 ................ ¥172.58872 22.50392 

960 ................ ¥172.64114 22.51582 

961 ................ ¥172.67599 22.52415 

962 ................ ¥172.71075 22.53279 

963 ................ ¥172.76272 22.54635 

964 ................ ¥172.79725 22.55578 

Point No. Longitude Latitude 

965 ................ ¥172.83168 22.56552 

966 ................ ¥172.86601 22.57558 

967 ................ ¥172.90023 22.58594 

968 ................ ¥172.95136 22.60207 

969 ................ ¥172.98531 22.61320 

970 ................ ¥173.03602 22.63048 

971 ................ ¥173.08645 22.64845 

972 ................ ¥173.11992 22.66081 

973 ................ ¥173.15325 22.67347 

974 ................ ¥173.18646 22.68643 

975 ................ ¥173.23601 22.70643 

976 ................ ¥173.26888 22.72014 

977 ................ ¥173.30160 22.73415 

978 ................ ¥173.34556 22.75354 

979 ................ ¥173.37723 22.74830 

980 ................ ¥173.41277 22.74274 

981 ................ ¥173.44836 22.73750 

982 ................ ¥173.48400 22.73258 

983 ................ ¥173.51970 22.72798 

984 ................ ¥173.55544 22.72371 

985 ................ ¥173.59122 22.71976 

986 ................ ¥173.62704 22.71613 

987 ................ ¥173.66290 22.71283 

988 ................ ¥173.69879 22.70985 

989 ................ ¥173.73470 22.70720 

990 ................ ¥173.77065 22.70487 

991 ................ ¥173.80661 22.70286 

992 ................ ¥173.84260 22.70118 

993 ................ ¥173.87860 22.69983 

994 ................ ¥173.91461 22.69880 

995 ................ ¥173.95063 22.69810 

996 ................ ¥173.98666 22.69772 

997 ................ ¥174.02268 22.69767 

998 ................ ¥174.05871 22.69794 

999 ................ ¥174.09473 22.69854 

1000 .............. ¥174.13075 22.69947 

1001 .............. ¥174.16675 22.70072 

1002 .............. ¥174.20274 22.70229 

1003 .............. ¥174.23871 22.70419 

1004 .............. ¥174.27466 22.70642 

1005 .............. ¥174.31059 22.70897 

1006 .............. ¥174.34649 22.71185 

1007 .............. ¥174.38235 22.71505 

1008 .............. ¥174.41819 22.71857 

1009 .............. ¥174.45398 22.72242 

1010 .............. ¥174.48974 22.72659 

1011 .............. ¥174.52545 22.73108 

1012 .............. ¥174.56111 22.73589 

1013 .............. ¥174.59672 22.74103 

1014 .............. ¥174.63227 22.74649 

1015 .............. ¥174.66777 22.75227 

1016 .............. ¥174.70321 22.75837 

1017 .............. ¥174.73859 22.76479 

1018 .............. ¥174.77389 22.77154 

1019 .............. ¥174.82672 22.78224 

1020 .............. ¥174.86184 22.78978 

1021 .............. ¥174.89689 22.79763 

1022 .............. ¥174.93185 22.80580 

1023 .............. ¥174.96673 22.81429 

1024 .............. ¥175.00151 22.82308 

1025 .............. ¥175.03621 22.83220 

1026 .............. ¥175.07081 22.84163 

1027 .............. ¥175.10531 22.85136 

1028 .............. ¥175.13972 22.86141 

1029 .............. ¥175.17401 22.87178 

1030 .............. ¥175.20820 22.88244 

1031 .............. ¥175.24228 22.89342 

1032 .............. ¥175.27624 22.90471 

1033 .............. ¥175.31009 22.91630 

1034 .............. ¥175.34381 22.92820 

1035 .............. ¥175.37741 22.94040 

1036 .............. ¥175.41089 22.95290 

1037 .............. ¥175.44423 22.96571 

1038 .............. ¥175.47744 22.97882 

Point No. Longitude Latitude 

1039 .............. ¥175.51051 22.99222 

1040 .............. ¥175.54345 23.00593 

1041 .............. ¥175.57624 23.01993 

1042 .............. ¥175.60888 23.03422 

1043 .............. ¥175.64138 23.04881 

1044 .............. ¥175.67372 23.06370 

1045 .............. ¥175.70591 23.07887 

1046 .............. ¥175.73795 23.09434 

1047 .............. ¥175.76982 23.11009 

1048 .............. ¥175.81731 23.13426 

1049 .............. ¥175.84877 23.15073 

1050 .............. ¥175.88005 23.16748 

1051 .............. ¥175.91116 23.18451 

1052 .............. ¥175.94209 23.20183 

1053 .............. ¥175.98815 23.22832 

1054 .............. ¥176.01862 23.24633 

1055 .............. ¥176.04891 23.26461 

1056 .............. ¥176.09398 23.29254 

1057 .............. ¥176.12379 23.31150 

1058 .............. ¥176.15339 23.33073 

1059 .............. ¥176.18280 23.35022 

1060 .............. ¥176.21200 23.36998 

1061 .............. ¥176.25542 23.40011 

1062 .............. ¥176.28410 23.42053 

1063 .............. ¥176.31256 23.44120 

1064 .............. ¥176.35486 23.47268 

1065 .............. ¥176.38278 23.49399 

1066 .............. ¥176.41048 23.51554 

1067 .............. ¥176.43795 23.53735 

1068 .............. ¥176.46520 23.55940 

1069 .............. ¥176.50563 23.59294 

1070 .............. ¥176.53229 23.61560 

1071 .............. ¥176.55872 23.63850 

1072 .............. ¥176.59790 23.67330 

1073 .............. ¥176.62372 23.69679 

1074 .............. ¥176.66199 23.73246 

1075 .............. ¥176.68719 23.75653 

1076 .............. ¥176.71213 23.78082 

1077 .............. ¥176.73682 23.80534 

1078 .............. ¥176.76125 23.83007 

1079 .............. ¥176.78542 23.85503 

1080 .............. ¥176.80933 23.88021 

1081 .............. ¥176.83297 23.90559 

1082 .............. ¥176.85635 23.93119 

1083 .............. ¥176.87945 23.95700 

1084 .............. ¥176.90229 23.98302 

1085 .............. ¥176.93602 24.02243 

1086 .............. ¥176.96913 24.06229 

1087 .............. ¥176.99085 24.08911 

1088 .............. ¥177.01229 24.11613 

1089 .............. ¥177.03344 24.14334 

1090 .............. ¥177.06462 24.18451 

1091 .............. ¥177.08505 24.21218 

1092 .............. ¥177.10518 24.24004 

1093 .............. ¥177.12502 24.26808 

1094 .............. ¥177.14456 24.29630 

1095 .............. ¥177.17331 24.33895 

1096 .............. ¥177.19209 24.36760 

1097 .............. ¥177.21058 24.39642 

1098 .............. ¥177.22875 24.42540 

1099 .............. ¥177.25544 24.46918 

1100 .............. ¥177.27284 24.49856 

1101 .............. ¥177.28992 24.52810 

1102 .............. ¥177.30670 24.55779 

1103 .............. ¥177.32315 24.58763 

1104 .............. ¥177.33929 24.61762 

1105 .............. ¥177.36249 24.66210 

1106 .............. ¥177.38606 24.67081 

1107 .............. ¥177.41985 24.68359 

1108 .............. ¥177.45352 24.69667 

1109 .............. ¥177.48704 24.71005 

1110 .............. ¥177.53706 24.73067 

1111 .............. ¥177.57023 24.74479 

1112 .............. ¥177.60325 24.75920 


ddrumheller on DSK120RN23PROD with RULES2
4906 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

Point No. Longitude Latitude 

1113 .............. ¥177.63612 24.77391 

1114 .............. ¥177.66883 24.78891 

1115 .............. ¥177.71760 24.81195 

1116 .............. ¥177.74992 24.82767 

1117 .............. ¥177.78206 24.84367 

1118 .............. ¥177.81404 24.85996 

1119 .............. ¥177.83690 24.87185 

1120 .............. ¥177.88667 24.87745 

1121 .............. ¥177.94111 24.88429 

1122 .............. ¥177.97195 24.88850 

1123 .............. ¥177.99642 24.89200 

1124 .............. ¥178.05062 24.90028 

1125 .............. ¥178.10469 24.90929 

1126 .............. ¥178.14066 24.91569 

1127 .............. ¥178.16577 24.92034 

1128 .............. ¥178.21953 24.93078 

1129 .............. ¥178.27313 24.94194 

1130 .............. ¥178.32655 24.95380 

1131 .............. ¥178.37978 24.96637 

1132 .............. ¥178.43281 24.97965 

1133 .............. ¥178.48563 24.99363 

1134 .............. ¥178.53822 25.00832 

1135 .............. ¥178.59058 25.02370 

1136 .............. ¥178.61445 25.03096 

1137 .............. ¥178.64360 25.04005 

1138 .............. ¥178.67821 25.05115 

1139 .............. ¥178.70077 25.05859 

1140 .............. ¥178.72148 25.06052 

1141 .............. ¥178.75794 25.06420 

1142 .............. ¥178.81257 25.07031 

1143 .............. ¥178.86732 25.07718 

1144 .............. ¥178.90360 25.08214 

1145 .............. ¥178.93984 25.08742 

1146 .............. ¥178.98140 25.09382 

1147 .............. ¥179.01755 25.09959 

1148 .............. ¥179.07166 25.10883 

1149 .............. ¥179.10765 25.11539 

1150 .............. ¥179.14357 25.12227 

1151 .............. ¥179.19731 25.13318 

1152 .............. ¥179.25088 25.14480 

1153 .............. ¥179.28649 25.15295 

1154 .............. ¥179.32201 25.16140 

1155 .............. ¥179.35744 25.17018 

1156 .............. ¥179.38198 25.17642 

1157 .............. ¥179.43516 25.19048 

1158 .............. ¥179.47030 25.20018 

1159 .............. ¥179.50534 25.21020 

1160 .............. ¥179.55770 25.22581 

1161 .............. ¥179.60982 25.24211 

1162 .............. ¥179.66168 25.25911 

1163 .............. ¥179.69610 25.27081 

1164 .............. ¥179.73039 25.28283 

1165 .............. ¥179.76456 25.29514 

1166 .............. ¥179.79860 25.30776 

1167 .............. ¥179.83251 25.32068 

1168 .............. ¥179.86628 25.33389 

1169 .............. ¥179.89991 25.34741 

1170 .............. ¥179.93340 25.36122 

1171 .............. ¥179.96674 25.37533 

1172 .............. ¥180.00000 25.38976 

Appendix C to Subpart W of Part 922— 

Coordinates for the Midway Atoll 

Special Management Area 

[Coordinates listed in this appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983] 

The boundaries for the areas listed in this 

appendix, unless otherwise described in this 

rule, begin at Point 1 as indicated in the 

particular area’s coordinate table and 

continue to each successive point in 

numerical order until ending at the last point 

in the table. 

Point No. Longitude Latitude 

1 .................... ¥177.31267 27.99792 

2 .................... ¥177.36342 27.99124 

3 .................... ¥177.41762 27.99216 

4 .................... ¥177.47082 27.99962 

5 .................... ¥177.51875 28.01516 

6 .................... ¥177.55393 28.03661 

7 .................... ¥177.59424 28.06817 

8 .................... ¥177.62036 28.10572 

9 .................... ¥177.64395 28.14862 

10 .................. ¥177.65507 28.20134 

11 .................. ¥177.65600 28.21430 

12 .................. ¥177.65028 28.23674 

13 .................. ¥177.65187 28.25877 

14 .................. ¥177.63704 28.29735 

15 .................. ¥177.62519 28.31624 

16 .................. ¥177.60768 28.33804 

17 .................. ¥177.59529 28.36997 

18 .................. ¥177.56544 28.40418 

19 .................. ¥177.52661 28.43628 

20 .................. ¥177.49013 28.46044 

21 .................. ¥177.44568 28.47591 

22 .................. ¥177.42409 28.48231 

23 .................. ¥177.37872 28.48480 

24 .................. ¥177.32412 28.48128 

25 .................. ¥177.26570 28.46492 

26 .................. ¥177.21865 28.44274 

27 .................. ¥177.17255 28.41268 

28 .................. ¥177.13782 28.37680 

29 .................. ¥177.11574 28.33244 

30 .................. ¥177.08945 28.26879 

31 .................. ¥177.08725 28.21427 

32 .................. ¥177.08489 28.17927 

33 .................. ¥177.09363 28.15669 

34 .................. ¥177.10914 28.12595 

35 .................. ¥177.12481 28.09780 

36 .................. ¥177.15060 28.06781 

37 .................. ¥177.18677 28.03986 

38 .................. ¥177.22207 28.02105 

39 .................. ¥177.26492 28.00572 

40 .................. ¥177.31267 27.99792 

Appendix D to Subpart W of Part 922— 

Coordinates for the Special 

Preservation Areas (SPAs) 

[Coordinates listed in this appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983] 

The boundaries for the areas listed in this 

appendix, unless otherwise described in this 

rule, begin at Point 1 as indicated in the 

particular area’s coordinate table and 

continue to each successive point in 

numerical order until ending at the last point 

in the table. 

TABLE 1—COORDINATES FOR

HO ̄ LANIKU ̄ (KURE ATOLL) SPA 

Point No. Longitude Latitude 

1 .................... ¥178.42982 28.39284 

2 .................... ¥178.43641 28.39991 

3 .................... ¥178.44628 28.41516 

4 .................... ¥178.44829 28.43220 

5 .................... ¥178.44120 28.45537 

6 .................... ¥178.43083 28.47814 

7 .................... ¥178.41324 28.49646 

8 .................... ¥178.40698 28.50082 

9 .................... ¥178.39886 28.50648 

10 .................. ¥178.38081 28.51486 

11 .................. ¥178.35703 28.51998 

12 .................. ¥178.33482 28.52195 

TABLE 1—COORDINATES FOR

HO ̄ LANIKU ̄ (KURE ATOLL) SPA— 

Continued 

Point No. Longitude Latitude 

13 .................. ¥178.33480 28.52195 

14 .................. ¥178.33096 28.52588 

15 .................. ¥178.32267 28.52960 

16 .................. ¥178.30753 28.54606 

17 .................. ¥178.29651 28.54402 

18 .................. ¥178.28574 28.52279 

19 .................. ¥178.28205 28.50290 

20 .................. ¥178.28203 28.50289 

21 .................. ¥178.27634 28.49938 

22 .................. ¥178.26090 28.48707 

23 .................. ¥178.25026 28.47569 

24 .................. ¥178.24590 28.47103 

25 .................. ¥178.23869 28.45022 

26 .................. ¥178.23126 28.41686 

27 .................. ¥178.23242 28.39706 

28 .................. ¥178.23826 28.37827 

29 .................. ¥178.24572 28.36305 

30 .................. ¥178.24663 28.36228 

31 .................. ¥178.24665 28.36227 

32 .................. ¥178.23880 28.35166 

33 .................. ¥178.22857 28.34386 

34 .................. ¥178.21418 28.34135 

35 .................. ¥178.21125 28.32830 

36 .................. ¥178.21580 28.32098 

37 .................. ¥178.22682 28.31875 

38 .................. ¥178.23360 28.32678 

39 .................. ¥178.26169 28.33216 

40 .................. ¥178.26256 28.34256 

41 .................. ¥178.26685 28.34603 

42 .................. ¥178.26983 28.34386 

43 .................. ¥178.28608 28.33631 

44 .................. ¥178.31541 28.33530 

45 .................. ¥178.36386 28.34022 

46 .................. ¥178.38109 28.34407 

47 .................. ¥178.40622 28.32394 

48 .................. ¥178.42837 28.32125 

49 .................. ¥178.43274 28.36763 

50 .................. ¥178.42982 28.39284 

TABLE 2—COORDINATES FOR

MANAWAI (PEARL AND HERMES

ATOLL) SPA 

Point No. Longitude Latitude 

1 .................... ¥176.03652 27.75775 

2 .................... ¥176.04088 27.76832 

3 .................... ¥176.04088 27.76832 

4 .................... ¥176.04830 27.77010 

5 .................... ¥176.06549 27.78232 

6 .................... ¥176.03704 27.84094 

7 .................... ¥176.03441 27.85558 

8 .................... ¥176.03489 27.87411 

9 .................... ¥176.02724 27.89274 

10 .................. ¥176.01285 27.89991 

11 .................. ¥175.98350 27.91077 

12 .................. ¥175.98347 27.91080 

13 .................. ¥175.97662 27.91971 

14 .................. ¥175.96741 27.92798 

15 .................. ¥175.95689 27.93510 

16 .................. ¥175.94636 27.93942 

17 .................. ¥175.93781 27.94332 

18 .................. ¥175.92692 27.95035 

19 .................. ¥175.90613 27.96355 

20 .................. ¥175.88894 27.97471 

21 .................. ¥175.87548 27.98165 

22 .................. ¥175.86046 27.98780 

23 .................. ¥175.83952 27.99711 


ddrumheller on DSK120RN23PROD with RULES2
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4907 

TABLE 2—COORDINATES FOR

MANAWAI (PEARL AND HERMES

ATOLL) SPA—Continued 

Point No. Longitude Latitude 

24 .................. ¥175.82333 28.00466 

25 .................. ¥175.81383 28.00844 

26 .................. ¥175.80379 28.01098 

27 .................. ¥175.79318 28.01152 

28 .................. ¥175.78174 28.01106 

29 .................. ¥175.77016 28.01031 

30 .................. ¥175.76421 28.00935 

31 .................. ¥175.76418 28.00935 

32 .................. ¥175.76189 28.01111 

33 .................. ¥175.73451 28.02165 

34 .................. ¥175.71502 28.00762 

35 .................. ¥175.70865 27.98973 

36 .................. ¥175.70863 27.98971 

37 .................. ¥175.69833 27.98219 

38 .................. ¥175.69171 27.97663 

39 .................. ¥175.68857 27.97399 

40 .................. ¥175.68160 27.96778 

41 .................. ¥175.67658 27.96256 

42 .................. ¥175.67240 27.95558 

43 .................. ¥175.66795 27.94587 

44 .................. ¥175.66433 27.93515 

45 .................. ¥175.66239 27.92393 

46 .................. ¥175.66156 27.91419 

47 .................. ¥175.66186 27.89972 

48 .................. ¥175.66410 27.88349 

49 .................. ¥175.66915 27.86916 

50 .................. ¥175.67268 27.85916 

51 .................. ¥175.67530 27.84825 

52 .................. ¥175.67894 27.83626 

53 .................. ¥175.68258 27.82801 

54 .................. ¥175.68899 27.81801 

55 .................. ¥175.69097 27.81125 

56 .................. ¥175.69321 27.80550 

57 .................. ¥175.69331 27.80524 

58 .................. ¥175.69713 27.79526 

59 .................. ¥175.70412 27.78375 

60 .................. ¥175.70943 27.77649 

61 .................. ¥175.71351 27.77101 

62 .................. ¥175.71352 27.77099 

63 .................. ¥175.71049 27.76347 

64 .................. ¥175.71993 27.75551 

65 .................. ¥175.72502 27.75516 

66 .................. ¥175.72955 27.74921 

67 .................. ¥175.73541 27.74444 

68 .................. ¥175.74364 27.73989 

69 .................. ¥175.75468 27.73513 

70 .................. ¥175.76640 27.73259 

71 .................. ¥175.77924 27.73129 

72 .................. ¥175.79543 27.73023 

73 .................. ¥175.81639 27.73105 

74 .................. ¥175.82556 27.73236 

75 .................. ¥175.83310 27.73358 

76 .................. ¥175.83756 27.73456 

77 .................. ¥175.84175 27.73504 

78 .................. ¥175.84594 27.73228 

79 .................. ¥175.85277 27.72748 

80 .................. ¥175.86185 27.72274 

81 .................. ¥175.87480 27.71713 

82 .................. ¥175.89491 27.70934 

83 .................. ¥175.91378 27.70257 

84 .................. ¥175.92997 27.69926 

85 .................. ¥175.94532 27.69745 

86 .................. ¥175.95649 27.69766 

87 .................. ¥175.96681 27.69937 

88 .................. ¥175.97685 27.70332 

89 .................. ¥175.98968 27.71026 

90 .................. ¥176.00334 27.72044 

91 .................. ¥176.01701 27.73237 

92 .................. ¥176.02593 27.74182 

93 .................. ¥176.02997 27.74680 

TABLE 2—COORDINATES FOR

MANAWAI (PEARL AND HERMES

ATOLL) SPA—Continued 

Point No. Longitude Latitude 

94 .................. ¥176.03178 27.74903 

95 .................. ¥176.03652 27.75775 

TABLE 3—COORDINATES FOR KAPOU

(LISIANSKI ISLAND) SPA 

Point No. Longitude Latitude 

1 .................... ¥173.79069 25.94039 

2 .................... ¥173.79506 25.91077 

3 .................... ¥173.79506 25.91077 

4 .................... ¥173.85089 25.87148 

5 .................... ¥173.89161 25.87949 

6 .................... ¥173.94399 25.87998 

7 .................... ¥174.10879 25.96371 

8 .................... ¥174.12000 25.97958 

9 .................... ¥174.14257 26.00021 

10 .................. ¥174.15729 26.04055 

11 .................. ¥174.15482 26.12273 

12 .................. ¥174.13333 26.17497 

13 .................. ¥174.08554 26.21215 

14 .................. ¥174.05059 26.21724 

15 .................. ¥173.98290 26.21243 

16 .................. ¥173.93333 26.18331 

17 .................. ¥173.89656 26.14220 

18 .................. ¥173.86186 26.11938 

19 .................. ¥173.82229 26.08560 

20 .................. ¥173.79999 26.04164 

21 .................. ¥173.76666 26.00831 

22 .................. ¥173.75210 25.98825 

23 .................. ¥173.75283 25.97102 

24 .................. ¥173.79069 25.94039 

TABLE 4—COORDINATES FOR KAMOLE

(LAYSAN ISLAND) SPA 

Point No. Longitude Latitude 

1 .................... ¥171.65000 25.71667 

2 .................... ¥171.66667 25.70000 

3 .................... ¥171.70000 25.69167 

4 .................... ¥171.70833 25.70000 

5 .................... ¥171.73333 25.70000 

6 .................... ¥171.75000 25.69167 

7 .................... ¥171.78333 25.69167 

8 .................... ¥171.81667 25.70833 

9 .................... ¥171.85000 25.75833 

10 .................. ¥171.86667 25.79167 

11 .................. ¥171.87500 25.83333 

12 .................. ¥171.85000 25.86667 

13 .................. ¥171.83333 25.88333 

14 .................. ¥171.80000 25.90000 

15 .................. ¥171.76667 25.90000 

16 .................. ¥171.67500 25.88333 

17 .................. ¥171.62500 25.86667 

18 .................. ¥171.60000 25.83333 

19 .................. ¥171.59167 25.79167 

20 .................. ¥171.60000 25.76667 

21 .................. ¥171.61667 25.74167 

22 .................. ¥171.63333 25.72500 

23 .................. ¥171.65000 25.71667 

TABLE 5—COORDINATES FOR

KAMOKUOKAMOHOALI1I (MARO REEF) 

SPA 

Point No. Longitude Latitude 

1 .................... ¥170.51714 25.56669 

2 .................... ¥170.40880 25.46669 

3 .................... ¥170.35047 25.37502 

4 .................... ¥170.40880 25.25835 

5 .................... ¥170.42547 25.25002 

6 .................... ¥170.54214 25.25835 

7 .................... ¥170.59214 25.28335 

8 .................... ¥170.65047 25.30002 

9 .................... ¥170.76714 25.31669 

10 .................. ¥170.80047 25.33335 

11 .................. ¥170.80880 25.35835 

12 .................. ¥170.86714 25.39169 

13 .................. ¥170.89214 25.45002 

14 .................. ¥170.90047 25.52502 

15 .................. ¥170.90047 25.55002 

16 .................. ¥170.87547 25.58335 

17 .................. ¥170.80881 25.62502 

18 .................. ¥170.77547 25.63335 

19 .................. ¥170.70880 25.63335 

20 .................. ¥170.68381 25.61669 

21 .................. ¥170.57547 25.59169 

22 .................. ¥170.51714 25.56669 

TABLE 6—COORDINATES FOR 1O ̄ NU ̄ NUI

AND 1O ̄ NUIKI (GARDNER PINNACLES) 

SPA 

Point No. Longitude Latitude 

1 .................... ¥167.93207 25.06955 

2 .................... ¥167.92506 25.04175 

3 .................... ¥167.94165 25.01326 

4 .................... ¥167.94166 24.94164 

5 .................... ¥167.92273 24.90603 

6 .................... ¥167.90123 24.88174 

7 .................... ¥167.89166 24.84997 

8 .................... ¥167.89766 24.74763 

9 .................... ¥167.87266 24.62908 

10 .................. ¥167.87360 24.59072 

11 .................. ¥167.86659 24.56315 

12 .................. ¥167.87500 24.49164 

13 .................. ¥167.89063 24.44829 

14 .................. ¥167.90184 24.42844 

15 .................. ¥167.95440 24.41115 

16 .................. ¥167.98968 24.41979 

17 .................. ¥168.00369 24.43801 

18 .................. ¥168.01666 24.50831 

19 .................. ¥168.05000 24.57498 

20 .................. ¥168.08333 24.59164 

21 .................. ¥168.12500 24.69997 

22 .................. ¥168.13333 24.77497 

23 .................. ¥168.15000 24.81664 

24 .................. ¥168.15000 24.88331 

25 .................. ¥168.22500 24.94997 

26 .................. ¥168.26666 25.00831 

27 .................. ¥168.27799 25.06540 

28 .................. ¥168.26794 25.09301 

29 .................. ¥168.25089 25.10375 

30 .................. ¥168.22575 25.16587 

31 .................. ¥168.19632 25.18175 

32 .................. ¥168.14166 25.19164 

33 .................. ¥168.08636 25.19273 

34 .................. ¥168.04128 25.17404 

35 .................. ¥167.98333 25.12498 

36 .................. ¥167.93207 25.06955 


ddrumheller on DSK120RN23PROD with RULES2
4908 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

TABLE 7—COORDINATES FOR LALO

(FRENCH FRIGATE SHOALS) SPA 

Point No. Longitude Latitude 

1 .................... ¥165.58333 23.99997 

2 .................... ¥165.58333 23.49997 

3 .................... ¥166.75000 23.66664 

4 .................... ¥166.92817 23.68779 

5 .................... ¥166.92756 23.74082 

6 .................... ¥166.92417 24.03651 

7 .................... ¥166.75227 24.03400 

8 .................... ¥166.75000 24.16664 

9 .................... ¥165.58333 23.99997 

TABLE 8—COORDINATES FOR

MOKUMANAMANA (NECKER) SPA 

Point No. Longitude Latitude 

1 .................... ¥164.55178 23.64216 

2 .................... ¥164.53515 23.61324 

3 .................... ¥164.53018 23.58826 

4 .................... ¥164.52734 23.55099 

5 .................... ¥164.50977 23.52283 

6 .................... ¥164.45148 23.49085 

7 .................... ¥164.44165 23.48045 

8 .................... ¥164.39327 23.46288 

9 .................... ¥164.36812 23.46322 

10 .................. ¥164.32711 23.44904 

11 .................. ¥164.30462 23.43128 

12 .................. ¥164.28233 23.39686 

13 .................. ¥164.27062 23.35708 

14 .................. ¥164.25021 23.30870 

15 .................. ¥164.25676 23.28970 

16 .................. ¥164.26716 23.27912 

17 .................. ¥164.27585 23.25682 

18 .................. ¥164.29815 23.23537 

19 .................. ¥164.33671 23.23253 

20 .................. ¥164.36910 23.23801 

21 .................. ¥164.39560 23.25619 

22 .................. ¥164.45702 23.26300 

23 .................. ¥164.47063 23.27037 

24 .................. ¥164.48333 23.29164 

25 .................. ¥164.52500 23.30831 

26 .................. ¥164.59613 23.30887 

27 .................. ¥164.63036 23.29942 

28 .................. ¥164.64112 23.30040 

29 .................. ¥164.63917 23.31377 

30 .................. ¥164.62971 23.32387 

31 .................. ¥164.61895 23.32681 

32 .................. ¥164.62156 23.34246 

33 .................. ¥164.60917 23.35387 

34 .................. ¥164.58863 23.40643 

35 .................. ¥164.57950 23.44490 

36 .................. ¥164.60558 23.45599 

37 .................. ¥164.60917 23.46675 

38 .................. ¥164.62260 23.47995 

39 .................. ¥164.65117 23.49002 

40 .................. ¥164.69597 23.49691 

41 .................. ¥164.73352 23.49654 

42 .................. ¥164.76980 23.48444 

43 .................. ¥164.78209 23.50277 

44 .................. ¥164.79929 23.50920 

45 .................. ¥164.81081 23.52337 

46 .................. ¥164.83255 23.53736 

47 .................. ¥164.84703 23.56743 

48 .................. ¥164.83436 23.60088 

49 .................. ¥164.81981 23.61619 

50 .................. ¥164.80110 23.62243 

51 .................. ¥164.76840 23.62148 

52 .................. ¥164.73854 23.63112 

53 .................. ¥164.68789 23.65058 

54 .................. ¥164.62458 23.66325 

55 .................. ¥164.57582 23.65644 

TABLE 8—COORDINATES FOR

MOKUMANAMANA (NECKER) SPA— 

Continued 

Point No. Longitude Latitude 

56 .................. ¥164.55178 23.64216 

TABLE 9—COORDINATES FOR NIHOA

ISLAND SPA 

Point No. Longitude Latitude 

1 .................... ¥161.97131 23.09961 

2 .................... ¥161.97057 23.10037 

3 .................... ¥161.96981 23.10112 

4 .................... ¥161.96904 23.10185 

5 .................... ¥161.96825 23.10258 

6 .................... ¥161.96745 23.10329 

7 .................... ¥161.96663 23.10399 

8 .................... ¥161.96580 23.10468 

9 .................... ¥161.96495 23.10535 

10 .................. ¥161.96409 23.10602 

11 .................. ¥161.96322 23.10667 

12 .................. ¥161.96234 23.10731 

13 .................. ¥161.96144 23.10793 

14 .................. ¥161.96053 23.10854 

15 .................. ¥161.95961 23.10914 

16 .................. ¥161.95867 23.10972 

17 .................. ¥161.95773 23.11029 

18 .................. ¥161.95677 23.11085 

19 .................. ¥161.95580 23.11139 

20 .................. ¥161.95482 23.11191 

21 .................. ¥161.95383 23.11242 

22 .................. ¥161.95283 23.11292 

23 .................. ¥161.95182 23.11340 

24 .................. ¥161.95080 23.11387 

25 .................. ¥161.94977 23.11432 

26 .................. ¥161.94874 23.11475 

27 .................. ¥161.94769 23.11517 

28 .................. ¥161.94664 23.11558 

29 .................. ¥161.94557 23.11597 

30 .................. ¥161.94450 23.11634 

31 .................. ¥161.94342 23.11670 

32 .................. ¥161.94234 23.11704 

33 .................. ¥161.94125 23.11736 

34 .................. ¥161.94015 23.11767 

35 .................. ¥161.93905 23.11796 

36 .................. ¥161.93794 23.11824 

37 .................. ¥161.93682 23.11850 

38 .................. ¥161.93570 23.11874 

39 .................. ¥161.93458 23.11897 

40 .................. ¥161.93345 23.11917 

41 .................. ¥161.93232 23.11937 

42 .................. ¥161.93118 23.11954 

43 .................. ¥161.93004 23.11970 

44 .................. ¥161.92890 23.11984 

45 .................. ¥161.92775 23.11996 

46 .................. ¥161.92661 23.12007 

47 .................. ¥161.92546 23.12016 

48 .................. ¥161.92431 23.12023 

49 .................. ¥161.92315 23.12029 

50 .................. ¥161.92200 23.12032 

51 .................. ¥161.92085 23.12035 

52 .................. ¥161.91969 23.12035 

53 .................. ¥161.91854 23.12034 

54 .................. ¥161.91739 23.12030 

55 .................. ¥161.91624 23.12026 

56 .................. ¥161.91509 23.12019 

57 .................. ¥161.91394 23.12011 

58 .................. ¥161.91279 23.12001 

59 .................. ¥161.91164 23.11989 

60 .................. ¥161.91050 23.11976 

61 .................. ¥161.90936 23.11961 

TABLE 9—COORDINATES FOR NIHOA

ISLAND SPA—Continued 

Point No. Longitude Latitude 

62 .................. ¥161.90823 23.11944 

63 .................. ¥161.90709 23.11925 

64 .................. ¥161.90597 23.11905 

65 .................. ¥161.90484 23.11883 

66 .................. ¥161.90372 23.11860 

67 .................. ¥161.90261 23.11835 

68 .................. ¥161.90150 23.11808 

69 .................. ¥161.90040 23.11779 

70 .................. ¥161.89930 23.11749 

71 .................. ¥161.89821 23.11717 

72 .................. ¥161.89713 23.11684 

73 .................. ¥161.89605 23.11649 

74 .................. ¥161.89520 23.11619 

75 .................. ¥161.89498 23.11612 

76 .................. ¥161.89401 23.11577 

77 .................. ¥161.89392 23.11574 

78 .................. ¥161.89287 23.11534 

79 .................. ¥161.89182 23.11493 

80 .................. ¥161.89079 23.11450 

81 .................. ¥161.88976 23.11405 

82 .................. ¥161.88874 23.11359 

83 .................. ¥161.88774 23.11311 

84 .................. ¥161.88674 23.11262 

85 .................. ¥161.88575 23.11212 

86 .................. ¥161.88477 23.11160 

87 .................. ¥161.88381 23.11107 

88 .................. ¥161.88285 23.11052 

89 .................. ¥161.88191 23.10995 

90 .................. ¥161.88097 23.10938 

91 .................. ¥161.88005 23.10878 

92 .................. ¥161.87915 23.10818 

93 .................. ¥161.87825 23.10756 

94 .................. ¥161.87737 23.10693 

95 .................. ¥161.87650 23.10628 

96 .................. ¥161.87564 23.10563 

97 .................. ¥161.87480 23.10495 

98 .................. ¥161.87397 23.10427 

99 .................. ¥161.87316 23.10358 

100 ................ ¥161.87236 23.10287 

101 ................ ¥161.87157 23.10215 

102 ................ ¥161.87080 23.10142 

103 ................ ¥161.87004 23.10067 

104 ................ ¥161.86930 23.09992 

105 ................ ¥161.86858 23.09916 

106 ................ ¥161.86787 23.09838 

107 ................ ¥161.86750 23.09796 

108 ................ ¥161.86718 23.09759 

109 ................ ¥161.86650 23.09679 

110 ................ ¥161.86584 23.09599 

111 ................ ¥161.86520 23.09517 

112 ................ ¥161.86457 23.09435 

113 ................ ¥161.86396 23.09351 

114 ................ ¥161.86337 23.09267 

115 ................ ¥161.86279 23.09181 

116 ................ ¥161.86224 23.09095 

117 ................ ¥161.86170 23.09008 

118 ................ ¥161.86117 23.08920 

119 ................ ¥161.86067 23.08832 

120 ................ ¥161.86018 23.08742 

121 ................ ¥161.85972 23.08653 

122 ................ ¥161.85927 23.08562 

123 ................ ¥161.85884 23.08470 

124 ................ ¥161.85842 23.08378 

125 ................ ¥161.85803 23.08286 

126 ................ ¥161.85766 23.08193 

127 ................ ¥161.85730 23.08099 

128 ................ ¥161.85697 23.08004 

129 ................ ¥161.85665 23.07910 

130 ................ ¥161.85635 23.07814 

131 ................ ¥161.85608 23.07719 

132 ................ ¥161.85582 23.07622 


ddrumheller on DSK120RN23PROD with RULES2
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4909 

TABLE 9—COORDINATES FOR NIHOA

ISLAND SPA—Continued 

Point No. Longitude Latitude 

133 ................ ¥161.85558 23.07526 

134 ................ ¥161.85536 23.07429 

135 ................ ¥161.85516 23.07332 

136 ................ ¥161.85499 23.07235 

137 ................ ¥161.85483 23.07137 

138 ................ ¥161.85469 23.07039 

139 ................ ¥161.85457 23.06941 

140 ................ ¥161.85447 23.06843 

141 ................ ¥161.85439 23.06744 

142 ................ ¥161.85433 23.06645 

143 ................ ¥161.85429 23.06547 

144 ................ ¥161.85428 23.06448 

145 ................ ¥161.85428 23.06349 

146 ................ ¥161.85430 23.06251 

147 ................ ¥161.85434 23.06152 

148 ................ ¥161.85440 23.06053 

149 ................ ¥161.85449 23.05955 

150 ................ ¥161.85459 23.05857 

151 ................ ¥161.85471 23.05758 

152 ................ ¥161.85485 23.05660 

153 ................ ¥161.85502 23.05563 

154 ................ ¥161.85520 23.05465 

155 ................ ¥161.85540 23.05367 

156 ................ ¥161.85562 23.05271 

157 ................ ¥161.85586 23.05174 

158 ................ ¥161.85612 23.05078 

159 ................ ¥161.85641 23.04982 

160 ................ ¥161.85671 23.04887 

161 ................ ¥161.85703 23.04791 

162 ................ ¥161.85736 23.04697 

163 ................ ¥161.85772 23.04603 

164 ................ ¥161.85810 23.04510 

165 ................ ¥161.85850 23.04417 

166 ................ ¥161.85891 23.04324 

167 ................ ¥161.85935 23.04233 

168 ................ ¥161.85980 23.04142 

169 ................ ¥161.86027 23.04051 

170 ................ ¥161.86076 23.03962 

171 ................ ¥161.86126 23.03873 

172 ................ ¥161.86179 23.03785 

173 ................ ¥161.86233 23.03698 

174 ................ ¥161.86289 23.03611 

175 ................ ¥161.86347 23.03525 

176 ................ ¥161.86407 23.03440 

177 ................ ¥161.86468 23.03357 

178 ................ ¥161.86531 23.03274 

179 ................ ¥161.86596 23.03191 

180 ................ ¥161.86662 23.03110 

181 ................ ¥161.86730 23.03031 

182 ................ ¥161.86800 23.02951 

183 ................ ¥161.86871 23.02873 

184 ................ ¥161.86943 23.02796 

185 ................ ¥161.87018 23.02720 

186 ................ ¥161.87094 23.02646 

187 ................ ¥161.87171 23.02572 

188 ................ ¥161.87250 23.02500 

189 ................ ¥161.87330 23.02428 

190 ................ ¥161.87412 23.02358 

191 ................ ¥161.87495 23.02290 

192 ................ ¥161.87579 23.02222 

193 ................ ¥161.87665 23.02156 

194 ................ ¥161.87752 23.02091 

195 ................ ¥161.87841 23.02027 

196 ................ ¥161.87931 23.01965 

197 ................ ¥161.88022 23.01903 

198 ................ ¥161.88114 23.01844 

199 ................ ¥161.88207 23.01786 

200 ................ ¥161.88302 23.01729 

201 ................ ¥161.88398 23.01673 

202 ................ ¥161.88494 23.01619 

203 ................ ¥161.88592 23.01567 

TABLE 9—COORDINATES FOR NIHOA

ISLAND SPA—Continued 

Point No. Longitude Latitude 

204 ................ ¥161.88691 23.01515 

205 ................ ¥161.88791 23.01466 

206 ................ ¥161.88892 23.01417 

207 ................ ¥161.88994 23.01371 

208 ................ ¥161.89097 23.01326 

209 ................ ¥161.89201 23.01282 

210 ................ ¥161.89306 23.01240 

211 ................ ¥161.89411 23.01200 

212 ................ ¥161.89517 23.01161 

213 ................ ¥161.89624 23.01123 

214 ................ ¥161.89732 23.01088 

215 ................ ¥161.89841 23.01054 

216 ................ ¥161.89950 23.01021 

217 ................ ¥161.90059 23.00990 

218 ................ ¥161.90170 23.00961 

219 ................ ¥161.90281 23.00934 

220 ................ ¥161.90392 23.00908 

221 ................ ¥161.90504 23.00884 

222 ................ ¥161.90617 23.00861 

223 ................ ¥161.90730 23.00840 

224 ................ ¥161.90843 23.00821 

225 ................ ¥161.90875 23.00816 

226 ................ ¥161.90956 23.00803 

227 ................ ¥161.91070 23.00788 

228 ................ ¥161.91185 23.00774 

229 ................ ¥161.91299 23.00761 

230 ................ ¥161.91366 23.00755 

231 ................ ¥161.91414 23.00751 

232 ................ ¥161.91529 23.00742 

233 ................ ¥161.91644 23.00734 

234 ................ ¥161.91759 23.00729 

235 ................ ¥161.91874 23.00725 

236 ................ ¥161.91990 23.00723 

237 ................ ¥161.92105 23.00723 

238 ................ ¥161.92221 23.00724 

239 ................ ¥161.92336 23.00727 

240 ................ ¥161.92336 23.00727 

241 ................ ¥161.92451 23.00732 

242 ................ ¥161.92566 23.00738 

243 ................ ¥161.92681 23.00747 

244 ................ ¥161.92796 23.00757 

245 ................ ¥161.92910 23.00768 

246 ................ ¥161.93024 23.00782 

247 ................ ¥161.93138 23.00797 

248 ................ ¥161.93252 23.00814 

249 ................ ¥161.93365 23.00832 

250 ................ ¥161.93478 23.00852 

251 ................ ¥161.93590 23.00874 

252 ................ ¥161.93702 23.00898 

253 ................ ¥161.93814 23.00923 

254 ................ ¥161.93924 23.00950 

255 ................ ¥161.94035 23.00978 

256 ................ ¥161.94144 23.01008 

257 ................ ¥161.94253 23.01040 

258 ................ ¥161.94362 23.01074 

259 ................ ¥161.94469 23.01109 

260 ................ ¥161.94576 23.01146 

261 ................ ¥161.94682 23.01184 

262 ................ ¥161.94788 23.01224 

263 ................ ¥161.94892 23.01265 

264 ................ ¥161.94996 23.01308 

265 ................ ¥161.95098 23.01352 

266 ................ ¥161.95200 23.01399 

267 ................ ¥161.95301 23.01446 

268 ................ ¥161.95401 23.01495 

269 ................ ¥161.95500 23.01546 

270 ................ ¥161.95597 23.01598 

271 ................ ¥161.95694 23.01651 

272 ................ ¥161.95790 23.01706 

273 ................ ¥161.95884 23.01762 

274 ................ ¥161.95977 23.01820 

TABLE 9—COORDINATES FOR NIHOA

ISLAND SPA—Continued 

Point No. Longitude Latitude 

275 ................ ¥161.96069 23.01879 

276 ................ ¥161.96160 23.01940 

277 ................ ¥161.96172 23.01948 

278 ................ ¥161.96189 23.01960 

279 ................ ¥161.96250 23.02001 

280 ................ ¥161.96338 23.02065 

281 ................ ¥161.96425 23.02129 

282 ................ ¥161.96510 23.02195 

283 ................ ¥161.96595 23.02262 

284 ................ ¥161.96677 23.02330 

285 ................ ¥161.96759 23.02400 

286 ................ ¥161.96839 23.02471 

287 ................ ¥161.96917 23.02543 

288 ................ ¥161.96995 23.02616 

289 ................ ¥161.97070 23.02690 

290 ................ ¥161.97144 23.02765 

291 ................ ¥161.97217 23.02842 

292 ................ ¥161.97287 23.02920 

293 ................ ¥161.97357 23.02998 

294 ................ ¥161.97424 23.03078 

295 ................ ¥161.97490 23.03159 

296 ................ ¥161.97555 23.03240 

297 ................ ¥161.97617 23.03323 

298 ................ ¥161.97678 23.03406 

299 ................ ¥161.97738 23.03491 

300 ................ ¥161.97795 23.03576 

301 ................ ¥161.97851 23.03662 

302 ................ ¥161.97905 23.03749 

303 ................ ¥161.97957 23.03837 

304 ................ ¥161.98008 23.03926 

305 ................ ¥161.98056 23.04015 

306 ................ ¥161.98103 23.04105 

307 ................ ¥161.98148 23.04196 

308 ................ ¥161.98191 23.04287 

309 ................ ¥161.98232 23.04379 

310 ................ ¥161.98271 23.04472 

311 ................ ¥161.98309 23.04565 

312 ................ ¥161.98344 23.04659 

313 ................ ¥161.98378 23.04753 

314 ................ ¥161.98409 23.04848 

315 ................ ¥161.98439 23.04943 

316 ................ ¥161.98467 23.05039 

317 ................ ¥161.98493 23.05135 

318 ................ ¥161.98516 23.05232 

319 ................ ¥161.98538 23.05329 

320 ................ ¥161.98558 23.05426 

321 ................ ¥161.98576 23.05523 

322 ................ ¥161.98592 23.05621 

323 ................ ¥161.98606 23.05719 

324 ................ ¥161.98618 23.05817 

325 ................ ¥161.98628 23.05915 

326 ................ ¥161.98635 23.06013 

327 ................ ¥161.98641 23.06112 

328 ................ ¥161.98645 23.06211 

329 ................ ¥161.98647 23.06309 

330 ................ ¥161.98647 23.06408 

331 ................ ¥161.98645 23.06507 

332 ................ ¥161.98640 23.06606 

333 ................ ¥161.98634 23.06704 

334 ................ ¥161.98626 23.06803 

335 ................ ¥161.98616 23.06901 

336 ................ ¥161.98603 23.06999 

337 ................ ¥161.98589 23.07097 

338 ................ ¥161.98573 23.07195 

339 ................ ¥161.98555 23.07293 

340 ................ ¥161.98535 23.07390 

341 ................ ¥161.98512 23.07487 

342 ................ ¥161.98488 23.07583 

343 ................ ¥161.98462 23.07680 

344 ................ ¥161.98434 23.07776 

345 ................ ¥161.98404 23.07871 


ddrumheller on DSK120RN23PROD with RULES2
4910 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

TABLE 9—COORDINATES FOR NIHOA

ISLAND SPA—Continued 

Point No. Longitude Latitude 

346 ................ ¥161.98372 23.07966 

347 ................ ¥161.98338 23.08061 

348 ................ ¥161.98302 23.08155 

349 ................ ¥161.98265 23.08248 

350 ................ ¥161.98225 23.08341 

351 ................ ¥161.98183 23.08433 

352 ................ ¥161.98140 23.08525 

353 ................ ¥161.98095 23.08616 

354 ................ ¥161.98048 23.08706 

355 ................ ¥161.97999 23.08796 

356 ................ ¥161.97948 23.08885 

357 ................ ¥161.97896 23.08973 

358 ................ ¥161.97841 23.09060 

359 ................ ¥161.97785 23.09147 

360 ................ ¥161.97727 23.09232 

361 ................ ¥161.97668 23.09317 

362 ................ ¥161.97606 23.09401 

363 ................ ¥161.97543 23.09484 

364 ................ ¥161.97479 23.09566 

365 ................ ¥161.97413 23.09647 

366 ................ ¥161.97345 23.09727 

367 ................ ¥161.97275 23.09806 

368 ................ ¥161.97204 23.09884 

369 ................ ¥161.97131 23.09961 

Appendix E to Subpart W of Part 922— 

Coordinates for the Ship Reporting 

Area 

[Coordinates listed in this appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983] 

The Reporting Area Outer Boundary is 

defined by the following geographic 

coordinates and description as outlined in 

IMO Resolution MSC.279(85) Appendix 1— 

Outer Boundary adopted on 1 December 2008 

that superseded and amended IMO 

Resolution MEPC.171(57) adopted on 4 April 

2008. 

The outer boundary of the CORALSHIPREP 

reporting area consists of lines connecting 

the following geographical positions: 

Starting at (1) 29° 24′.21 N, 178° 06′.45 W; 

A rhumb line to (2) 29° 12′.16 N, 177° 

04′.25 W; 

Then a rhumb line to (3) 28° 43′.78 N, 175° 

13′.76 W; 

Then a rhumb line to (4) 27° 00′.28 N, 173° 

25′.37 W; 

Then a rhumb line to (5) 26° 44′.85 N, 171° 

28′.22 W; 

Then a rhumb line to (6) 26° 23′.95 N, 170° 

20′.25 W; 

Then a rhumb line to (7) 25° 56′.49 N, 167° 

32′.03 W; 

Then a rhumb line to (8) 24° 50′.23 N, 165° 

58′.56 W; 

Then a rhumb line to (9) 24° 02′.61 N, 161° 

42′.30 W; 

Then an arc with a 60.25 nm radius 

centered at (21) 23° 03′.61 N, 161° 55′.22 W; 

To a point (10) 22° 04′.59 N, 162° 08′.14 

W; 

Then a rhumb line to (11) 22° 35′.32 N, 

164° 53′.46 W; 

Then a rhumb line to (12) 22° 47′.86 N, 

166° 40′.44 W; 

Then a rhumb line to (13) 24° 03′.30 N, 

168° 27′.53 W; 

Then a rhumb line to (14) 24° 26′.59 N, 

170° 50′.37 W; 

Then a rhumb line to (15) 24° 46′.49 N, 

171° 52′.87 W; 

Then a rhumb line to (16) 25° 07′.23 N, 

174° 30′.23 W; 

Then a rhumb line to (17) 27° 05′.50 N, 

176° 35′.40 W; 

Then a rhumb line to (18) 27° 15′.11 N, 

177° 35′.26 W; 

Then a rhumb line to (19) 27° 26′.10 N, 

178° 32′.23 W; 

Then an arc with a 60.17 nm radius 

centered at (20) 28° 25′.23 N, 178° 19′.51 W; 

Then to point (1) 29° 24′.21 N, 178° 06′.45 

W. 

The boundaries for the Inner Reporting 

Areas listed in this appendix, unless 

otherwise described in this rule, begin at 

Point 1 as indicated in the particular area’s 

coordinate table and continue to each 

successive point in numerical order until 

ending at the last point in the table. 

TABLE 1—COORDINATES OF THE

INNER REPORTING AREA BOUNDARY

AROUND HO ̄ LANIKU ̄ (KURE ATOLL), 

KUAIHELANI (MIDWAY ATOLL), 

MANAWAI (PEARL AND HERMES

ATOLL) AREA TO BE AVOIDED

(ATBA) 

Point No. Longitude Latitude 

1 .................... ¥175.78700 27.01217 

2 .................... ¥175.87900 27.01133 

3 .................... ¥175.96933 27.01817 

4 .................... ¥176.05883 27.03317 

5 .................... ¥176.14683 27.05567 

6 .................... ¥176.23183 27.08533 

7 .................... ¥176.31317 27.12283 

8 .................... ¥176.39000 27.16633 

9 .................... ¥176.46233 27.21700 

10 .................. ¥176.47833 27.22950 

11 .................. ¥176.49783 27.24600 

12 .................. ¥177.55517 27.41583 

13 .................. ¥178.49833 27.59783 

14 .................. ¥178.56550 27.61067 

15 .................. ¥178.62200 27.62550 

16 .................. ¥178.67750 27.64333 

17 .................. ¥178.73167 27.66417 

18 .................. ¥178.78417 27.68800 

19 .................. ¥178.83500 27.71483 

20 .................. ¥178.88383 27.74433 

21 .................. ¥178.93050 27.77650 

22 .................. ¥178.97483 27.81117 

23 .................. ¥179.01667 27.84817 

24 .................. ¥179.05650 27.88700 

25 .................. ¥179.09350 27.92817 

26 .................. ¥179.12683 27.97150 

27 .................. ¥179.15783 28.01683 

28 .................. ¥179.18500 28.06350 

29 .................. ¥179.20883 28.11183 

30 .................. ¥179.22917 28.16117 

31 .................. ¥179.24583 28.21167 

32 .................. ¥179.25900 28.26300 

33 .................. ¥179.26850 28.31517 

34 .................. ¥179.27417 28.36733 

35 .................. ¥179.27600 28.41200 

36 .................. ¥179.27617 28.42000 

37 .................. ¥179.27600 28.43017 

38 .................. ¥179.27400 28.47250 

39 .................. ¥179.26833 28.52483 

40 .................. ¥179.25900 28.57683 

41 .................. ¥179.24583 28.62817 

TABLE 1—COORDINATES OF THE

INNER REPORTING AREA BOUNDARY

AROUND HO ̄ LANIKU ̄ (KURE ATOLL), 

KUAIHELANI (MIDWAY ATOLL), 

MANAWAI (PEARL AND HERMES

ATOLL) AREA TO BE AVOIDED

(ATBA)—Continued 

Point No. Longitude Latitude 

42 .................. ¥179.22900 28.67850 

43 .................. ¥179.20900 28.72800 

44 .................. ¥179.18550 28.77633 

45 .................. ¥179.15867 28.82317 

46 .................. ¥179.12833 28.86850 

47 .................. ¥179.09500 28.91200 

48 .................. ¥179.05850 28.95350 

49 .................. ¥179.01917 28.99300 

50 .................. ¥178.97700 29.03017 

51 .................. ¥178.93217 29.06500 

52 .................. ¥178.88500 29.09717 

53 .................. ¥178.83550 29.12667 

54 .................. ¥178.78400 29.15350 

55 .................. ¥178.73067 29.17733 

56 .................. ¥178.67567 29.19817 

57 .................. ¥178.61933 29.21583 

58 .................. ¥178.56183 29.23033 

59 .................. ¥178.50350 29.24167 

60 .................. ¥178.44433 29.24983 

61 .................. ¥178.38467 29.25467 

62 .................. ¥178.32483 29.25600 

63 .................. ¥178.26500 29.25417 

64 .................. ¥178.20533 29.24900 

65 .................. ¥178.14633 29.24050 

66 .................. ¥177.20117 29.05783 

67 .................. ¥177.12150 29.04250 

68 .................. ¥175.59117 28.64933 

69 .................. ¥175.57250 28.64450 

70 .................. ¥175.32900 28.58183 

71 .................. ¥175.17750 28.43733 

72 .................. ¥175.14917 28.41017 

73 .................. ¥175.15067 28.40883 

74 .................. ¥175.08183 28.33483 

75 .................. ¥175.03200 28.26750 

76 .................. ¥174.98883 28.19633 

77 .................. ¥174.95383 28.12150 

78 .................. ¥174.92800 28.04383 

79 .................. ¥174.91033 27.96400 

80 .................. ¥174.90083 27.88350 

81 .................. ¥174.90083 27.80200 

82 .................. ¥174.91033 27.72133 

83 .................. ¥174.92850 27.64133 

84 .................. ¥174.95533 27.56350 

85 .................. ¥174.99050 27.48833 

86 .................. ¥175.03383 27.41667 

87 .................. ¥175.08450 27.34883 

88 .................. ¥175.14317 27.28633 

89 .................. ¥175.20783 27.22883 

90 .................. ¥175.27783 27.17650 

91 .................. ¥175.35417 27.13133 

92 .................. ¥175.43483 27.09283 

93 .................. ¥175.51917 27.06100 

94 .................. ¥175.60667 27.03700 

95 .................. ¥175.69633 27.02150 

96 .................. ¥175.78700 27.01217 


ddrumheller on DSK120RN23PROD with RULES2
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4911 

TABLE 2—COORDINATES FOR THE

INNER REPORTING AREA BOUNDARY

AROUND ‘O ̃ NU ̃ NUI AND ‘O ̃ NUIKI

(GARDNER PINNACLES), LALO

(FRENCH FRIGATE SHOALS), 

MOKUMANAMANA (NECKER) ATBA 

Point No. Longitude Latitude 

1 .................... ¥168.00150 25.83633 

2 .................... ¥167.87767 25.82733 

3 .................... ¥167.87750 25.82833 

4 .................... ¥167.80583 25.81650 

5 .................... ¥167.61200 25.78483 

6 .................... ¥167.44133 25.66400 

7 .................... ¥167.32983 25.58500 

8 .................... ¥166.75000 25.17383 

9 .................... ¥166.05600 24.68183 

10 .................. ¥165.58317 24.59400 

11 .................. ¥164.51867 24.39633 

12 .................. ¥164.51900 24.39317 

13 .................. ¥164.49567 24.38850 

14 .................. ¥164.40867 24.36417 

15 .................. ¥164.32317 24.33500 

16 .................. ¥164.24267 24.29583 

17 .................. ¥164.16617 24.24983 

18 .................. ¥164.09483 24.19767 

19 .................. ¥164.03000 24.13833 

20 .................. ¥163.97050 24.07467 

21 .................. ¥163.92033 24.00450 

22 .................. ¥163.87650 23.93083 

23 .................. ¥163.84267 23.85283 

24 .................. ¥163.81633 23.77217 

25 .................. ¥163.79983 23.68950 

26 .................. ¥163.79267 23.60567 

27 .................. ¥163.79333 23.52117 

28 .................. ¥163.80467 23.43783 

29 .................. ¥163.82500 23.35567 

30 .................. ¥163.85233 23.27550 

31 .................. ¥163.89117 23.19933 

32 .................. ¥163.93583 23.12567 

33 .................. ¥163.98967 23.05767 

34 .................. ¥164.05017 22.99417 

35 .................. ¥164.11833 22.93783 

36 .................. ¥164.19150 22.88700 

37 .................. ¥164.26967 22.84333 

38 .................. ¥164.35267 22.80800 

39 .................. ¥164.43800 22.77883 

40 .................. ¥164.52667 22.75817 

41 .................. ¥164.61717 22.74717 

42 .................. ¥164.70850 22.74417 

43 .................. ¥164.79983 22.74867 

44 .................. ¥164.82533 22.75183 

45 .................. ¥164.85800 22.75650 

46 .................. ¥164.85883 22.75283 

47 .................. ¥165.58317 22.83767 

48 .................. ¥166.32717 22.92500 

49 .................. ¥166.38867 22.93217 

50 .................. ¥166.60000 22.95683 

51 .................. ¥166.75000 23.06250 

52 .................. ¥166.79083 23.09133 

53 .................. ¥168.38100 24.21167 

54 .................. ¥168.37967 24.21467 

55 .................. ¥168.45467 24.26750 

56 .................. ¥168.52767 24.31917 

57 .................. ¥168.59917 24.37117 

58 .................. ¥168.66567 24.42850 

59 .................. ¥168.72583 24.49183 

60 .................. ¥168.77717 24.56117 

61 .................. ¥168.82150 24.63433 

62 .................. ¥168.85767 24.71133 

63 .................. ¥168.88533 24.79083 

64 .................. ¥168.90467 24.87233 

65 .................. ¥168.91367 24.95533 

66 .................. ¥168.91583 25.03867 

TABLE 2—COORDINATES FOR THE

INNER REPORTING AREA BOUNDARY

AROUND ‘O ̃ NU ̃ NUI AND ‘O ̃ NUIKI

(GARDNER PINNACLES), LALO

(FRENCH FRIGATE SHOALS), 

MOKUMANAMANA (NECKER) ATBA— 

Continued 

Point No. Longitude Latitude 

67 .................. ¥168.90717 25.12167 

68 .................. ¥168.88867 25.20317 

69 .................. ¥168.86267 25.28317 

70 .................. ¥168.82667 25.35950 

71 .................. ¥168.78217 25.43233 

72 .................. ¥168.73100 25.50150 

73 .................. ¥168.67367 25.56483 

74 .................. ¥168.60867 25.62283 

75 .................. ¥168.53733 25.67483 

76 .................. ¥168.46133 25.72067 

77 .................. ¥168.38033 25.75950 

78 .................. ¥168.29600 25.79050 

79 .................. ¥168.20783 25.81317 

80 .................. ¥168.11817 25.82867 

81 .................. ¥168.02700 25.83517 

82 .................. ¥168.00150 25.83633 

TABLE 3—COORDINATES FOR INNER

REPORTING AREA BOUNDARY

AROUND THE KAPOU (LISIANSKI ISLAND), KAMOLE (LAYSAN ISLAND), 

KAMOKUOKAMOHOALI‘I (MARO

REEF), RAITA BANK ATBA 

Point No. Longitude Latitude 

1 .................... ¥173.56150 26.85217 

2 .................... ¥173.51450 26.84583 

3 .................... ¥173.51317 26.84817 

4 .................... ¥171.62833 26.60000 

5 .................... ¥171.56400 26.59150 

6 .................... ¥171.51400 26.58500 

7 .................... ¥171.45833 26.56783 

8 .................... ¥171.41933 26.55583 

9 .................... ¥170.38400 26.23767 

10 .................. ¥169.81600 26.14483 

11 .................. ¥169.81717 26.13933 

12 .................. ¥169.76383 26.12700 

13 .................. ¥169.67617 26.10050 

14 .................. ¥169.59400 26.06617 

15 .................. ¥169.51517 26.02517 

16 .................. ¥169.44083 25.97750 

17 .................. ¥169.37233 25.92200 

18 .................. ¥169.31000 25.86117 

19 .................. ¥169.25317 25.79633 

20 .................. ¥169.20567 25.72567 

21 .................. ¥169.16550 25.65083 

22 .................. ¥169.13467 25.57283 

23 .................. ¥169.11267 25.49233 

24 .................. ¥169.09883 25.41017 

25 .................. ¥169.09400 25.32717 

26 .................. ¥169.09883 25.24417 

27 .................. ¥169.11100 25.16150 

28 .................. ¥169.13367 25.08083 

29 .................. ¥169.16600 25.00283 

30 .................. ¥169.20583 24.92767 

31 .................. ¥169.25233 24.85583 

32 .................. ¥169.30800 24.78950 

33 .................. ¥169.37033 24.72817 

34 .................. ¥169.43850 24.67233 

35 .................. ¥169.51300 24.62367 

36 .................. ¥169.59400 24.58333 

37 .................. ¥169.67767 24.55033 

TABLE 3—COORDINATES FOR INNER

REPORTING AREA BOUNDARY

AROUND THE KAPOU (LISIANSKI ISLAND), KAMOLE (LAYSAN ISLAND), 

KAMOKUOKAMOHOALI‘I (MARO

REEF), RAITA BANK ATBA—Continued 

Point No. Longitude Latitude 

38 .................. ¥169.76467 24.52233 

39 .................. ¥169.85133 24.50517 

40 .................. ¥169.94217 24.49467 

41 .................. ¥170.03017 24.49267 

42 .................. ¥170.07617 24.49350 

43 .................. ¥170.73983 24.59617 

44 .................. ¥170.79300 24.60483 

45 .................. ¥170.83950 24.61967 

46 .................. ¥170.86950 24.62933 

47 .................. ¥171.83650 24.93717 

48 .................. ¥174.41400 25.27683 

49 .................. ¥174.64083 25.49267 

50 .................. ¥174.70050 25.55467 

51 .................. ¥174.75333 25.62217 

52 .................. ¥174.79733 25.69467 

53 .................. ¥174.83417 25.77050 

54 .................. ¥174.86283 25.84883 

55 .................. ¥174.88183 25.93000 

56 .................. ¥174.89117 26.01183 

57 .................. ¥174.89350 26.09450 

58 .................. ¥174.88450 26.17650 

59 .................. ¥174.86800 26.25767 

60 .................. ¥174.84283 26.33667 

61 .................. ¥174.80733 26.41250 

62 .................. ¥174.76567 26.48583 

63 .................. ¥174.71600 26.55433 

64 .................. ¥174.65817 26.61850 

65 .................. ¥174.59383 26.67667 

66 .................. ¥174.52383 26.72917 

67 .................. ¥174.44783 26.77483 

68 .................. ¥174.36817 26.81500 

69 .................. ¥174.28383 26.84650 

70 .................. ¥174.19650 26.87000 

71 .................. ¥174.10717 26.88683 

72 .................. ¥174.01633 26.89567 

73 .................. ¥173.92467 26.89567 

74 .................. ¥173.83367 26.88817 

75 .................. ¥173.74300 26.87600 

76 .................. ¥173.65233 26.86417 

77 .................. ¥173.56150 26.85217 

TABLE 4—COORDINATES FOR THE

INNER REPORTING AREA BOUNDARY

AROUND NIHOA ATBA 

Point No. Longitude Latitude 

1 .................... ¥161.78483 23.88033 

2 .................... ¥161.74450 23.87317 

3 .................... ¥161.74233 23.88033 

4 .................... ¥161.68667 23.86833 

5 .................... ¥161.63200 23.85300 

6 .................... ¥161.57850 23.83467 

7 .................... ¥161.52633 23.81317 

8 .................... ¥161.47583 23.78883 

9 .................... ¥161.42700 23.76150 

10 .................. ¥161.38017 23.73133 

11 .................. ¥161.33550 23.69867 

12 .................. ¥161.29333 23.66333 

13 .................. ¥161.25350 23.62567 

14 .................. ¥161.21650 23.58567 

15 .................. ¥161.18217 23.54367 

16 .................. ¥161.15083 23.49983 


ddrumheller on DSK120RN23PROD with RULES2
4912 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

TABLE 4—COORDINATES FOR THE

INNER REPORTING AREA BOUNDARY

AROUND NIHOA ATBA—Continued 

Point No. Longitude Latitude 

17 .................. ¥161.12250 23.45417 

18 .................. ¥161.09750 23.40700 

19 .................. ¥161.07567 23.35850 

20 .................. ¥161.05717 23.30867 

21 .................. ¥161.04217 23.25800 

22 .................. ¥161.03067 23.20650 

23 .................. ¥161.02250 23.15450 

24 .................. ¥161.01817 23.10217 

25 .................. ¥161.01717 23.04950 

26 .................. ¥161.01983 22.99700 

27 .................. ¥161.02617 22.94483 

28 .................. ¥161.03583 22.89300 

29 .................. ¥161.04917 22.84183 

30 .................. ¥161.06583 22.79167 

31 .................. ¥161.08583 22.74250 

32 .................. ¥161.10900 22.69450 

33 .................. ¥161.13550 22.64800 

34 .................. ¥161.16500 22.60317 

35 .................. ¥161.19750 22.56017 

36 .................. ¥161.23283 22.51900 

37 .................. ¥161.27083 22.48017 

38 .................. ¥161.31150 22.44350 

39 .................. ¥161.35433 22.40933 

40 .................. ¥161.39950 22.37767 

41 .................. ¥161.44667 22.34867 

TABLE 4—COORDINATES FOR THE

INNER REPORTING AREA BOUNDARY

AROUND NIHOA ATBA—Continued 

Point No. Longitude Latitude 

42 .................. ¥161.49567 22.32250 

43 .................. ¥161.54633 22.29917 

44 .................. ¥161.59833 22.27883 

45 .................. ¥161.65167 22.26167 

46 .................. ¥161.70617 22.24750 

47 .................. ¥161.76133 22.23667 

48 .................. ¥161.81717 22.22883 

49 .................. ¥161.87350 22.22450 

50 .................. ¥161.93000 22.22333 

51 .................. ¥161.98633 22.22550 

52 .................. ¥162.04250 22.23083 

53 .................. ¥162.09083 22.23850 

54 .................. ¥162.09817 22.23950 

55 .................. ¥162.11467 22.24317 

56 .................. ¥162.20300 22.26450 

57 .................. ¥162.28850 22.29500 

58 .................. ¥162.37000 22.33283 

59 .................. ¥162.44733 22.37883 

60 .................. ¥162.51917 22.43133 

61 .................. ¥162.58483 22.49017 

62 .................. ¥162.64350 22.55467 

63 .................. ¥162.69533 22.62450 

64 .................. ¥162.73900 22.69883 

65 .................. ¥162.77450 22.77717 

66 .................. ¥162.80083 22.85800 

TABLE 4—COORDINATES FOR THE

INNER REPORTING AREA BOUNDARY

AROUND NIHOA ATBA—Continued 

Point No. Longitude Latitude 

67 .................. ¥162.81817 22.94100 

68 .................. ¥162.82633 23.02500 

69 .................. ¥162.82483 23.10967 

70 .................. ¥162.81483 23.19350 

71 .................. ¥162.79500 23.27617 

72 .................. ¥162.76633 23.35600 

73 .................. ¥162.72917 23.43367 

74 .................. ¥162.68350 23.50667 

75 .................. ¥162.63050 23.57517 

76 .................. ¥162.56967 23.63767 

77 .................. ¥162.50300 23.69483 

78 .................. ¥162.42983 23.74533 

79 .................. ¥162.35183 23.78933 

80 .................. ¥162.26933 23.82583 

81 .................. ¥162.18317 23.85400 

82 .................. ¥162.09383 23.87400 

83 .................. ¥162.00417 23.88567 

84 .................. ¥161.91250 23.88933 

85 .................. ¥161.82133 23.88483 

86 .................. ¥161.78483 23.88033 

Appendix F to Subpart W of Part 922— 

IMO Standard Reporting Format and 

Data Syntax for Ship Reporting System 

Telegraphy 

Function Information required Example field text 

System identifier CORAL SHIPREP // CORAL SHIPREP // 

A Ship .......................................... Vessel name/call sign/flag/IMO number/Federal documentation 

or State registration number if applicable //.

A/OCEAN VOYAGER/C5FU8/ 

BAHAMAS/IMO 9359165/. 

B Date, time (UTC), and month 

of entry.

A 6-digit group giving day of month (first two digits), hours and 

minutes (last four digits) in coordinated universal time, 

suffixed by the letter Z (indicating time in UTC), and three 

letters indicating month //.

B/271107Z DEC//. 

C Position ..................................... A 4-digit group giving latitude in degrees and minutes, suffixed 

with the letter N (indicating north), followed by a single /, 

and a five-digit group giving longitude in degrees and minutes, suffixed with the letter W (indicating west) // [Report in 

the World Geodetic System 1984 Datum (WGS–84)].

C/2728N/17356W//. 

E True course .............................. 3-digit number indicating true course // ...................................... E/180//. 

F Speed in knots and tenths ....... 3-digit group indicating knots decimal tenths // .......................... F/20.5//. 

I Destination and estimated time 

of arrival.

Name of port city/country/estimated arrival date and time 

group expressed as in (B) //.

I/SEATTLE/USA/311230Z 

DEC//. 

L Intended route through the reporting area.Route information should be reported as a direct rhumbline 

(RL) course through the reporting area and intended speed 

(expressed as in E and F) or a series of waypoints (WP). 

Each waypoint entry should be reported as latitude and longitude, expressed as in (C), and intended speed be- tween 

waypoints (as in F) // (Note: As many ‘‘L’’ lines as needed 

may be used to describe the vessel’s intended route.).

L/RL/215/20.5// 

-ORL/WP/2734N/17352W/20.5// 

L/WP/2641N/17413W/20.5// 

L/WP/2605N/17530W/20.5//. 

O Vessel draft in meters .............. Maximum present static draft reported in meters decimal centimeters //.O/11.50//. 

P Categories of Hazardous Cargoes *.Classification Code (e.g., IMDG, IBC, IGC, INF) / and all corresponding Categories of Hazardous Cargoes (delimited by 

commas) // Note: If necessary, use a separate ‘‘P’’ line for 

each type of Classification Code.

P/IMDG/1.4G,2.1,2.2,2.3, 

3,4.1,6.1,8,9//. 

Q Defects or deficiencies ** ......... Brief details of defects, damage, deficiencies or limitations that 

restrict maneuverability or impair normal navigation // (If 

none, enter the number zero.).

Q/Include details as required//. 

R Pollution incident or goods lost 

overboard **.

Description of pollution incident or goods lost overboard within the Monument, the Reporting Area, or the U.S. Exclusive 

Economic Zone// (If none, enter the number zero.).

R/0//. 

T Contact information of ship’s 

agent or owner.

Name/address/and phone number of ship’s agent or owner // .. T/JOHN DOE/GENERIC SHIPPING COMPANY INC, 6101 

ACME ROAD, ROOM 123, 

CITY, STATE, COUNTRY 

12345/123–123–1234//. 


ddrumheller on DSK120RN23PROD with RULES2
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4913 

Telegraphy 

Function Information required Example field text 

System identifier CORAL SHIPREP // CORAL SHIPREP // 

U Ship size (length overall and 

gross tonnage) and type.

Length overall reported in meters decimal centimeters/number 

of gross tons/type of ship (e.g., bulk carrier, chemical tanker, 

oil tanker, gas tanker, container, general cargo, fishing vessel, research, passenger, OBO, RORO) //.

U/294.14/54592/CONTAINER 

SHIP//. 

W Persons .................................... Total number of persons on board // .......................................... W/15//. 

Table Notes: 

* Categories of hazardous cargoes means goods classified in the International Maritime Dangerous Goods (IMDG) Code; substances classified 

in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and 

chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code); oils as defined 

in MARPOL Annex I; noxious liquid substances as defined in MARPOL Annex II; harmful substances as defined in MARPOL Annex III; and radioactive materials specified in the Code for the Safe Carriage of the Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes in 

Flasks on Board Ships (INF Code). 

** In accordance with the provisions of the MARPOL Convention, ships must report information relating to defects, damage, deficiencies or 

other limitations as well as, if necessary, information relating to pollution incidents or loss of cargo. Safety related reports must be provided to 

CORAL SHIPREP without delay should a ship suffer damage, failure or breakdown affecting the safety of the ship (Item Q), or if a ship makes a 

marked deviation from a route, course or speed previously advised (Item L). Pollution or cargo lost overboard must be reported without delay 

(Item R). 

[FR Doc. 2024–30576 Filed 1–15–25; 8:45 am] 

BILLING CODE 3510–NK–P 


ddrumheller on DSK120RN23PROD with RULES2