I 
109TH CONGRESS 
1ST SESSION H. R. 2376 
To designate the Northwestern Hawaiian Islands National Marine Refuge, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 16, 2005 
Mr. CASE introduced the following bill; which was referred to the Committee 
on Resources, and in addition to the Committee on Transportation and 
Infrastructure, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To designate the Northwestern Hawaiian Islands National 
Marine Refuge, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Northwestern Hawai-
ian Islands National Marine Refuge Act of 2005’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) 
The 
Northwestern 
Hawaiian 
Islands 
(NWHI) and their associated waters encompass the
most isolated coral reefs in the world, with the high-
est proportion of marine endemic species, and a 
plethora of valuable and unique natural and cultural 
resources, most of which are highly vulnerable. 
(2) These 1,200 miles of coral islands, sea 
mounts, banks, and shoals are unquestionably the 
healthiest and most extensive coral reefs in the 
United States. 
(3) This vast area of exceptional coral reef eco-
systems supports more than 7,000 marine species, of 
which approximately one quarter are unique to the 
NWHI. 
(4) The waters of the NWHI must be set aside 
as a fully protected national marine refuge to pre-
serve in perpetuity their unique and fragile eco-
systems, habitats, and communities of flora and 
fauna, as well as areas of traditional Hawaiian cul-
tural significance. 
(5) A Northwestern Hawaiian Islands National 
Marine Refuge would best preserve and protect the 
foraging grounds of the endangered monk seal, the 
nesting green sea turtle, and the multitude of 
seabirds that make the NWHI their home. 
(6) Designating the waters of the NWHI as a 
national marine refuge would also best preserve and
protect invaluable nursery and spawning grounds of 
many species of fish and invertebrates, and may help 
replenish severely depleted marine populations in the 
main Hawaiian Islands. 
(7) As yet, only a few invasive aquatic species 
have become established in the NWHI and their as-
sociated waters, and continued vessel and other ac-
cess to this area is highly likely to cause further con-
tamination by alien aquatic species from the main 
Hawaiian Islands and elsewhere. 
(8) Establishing the waters of the NWHI as a 
national marine refuge will protect and conserve the 
largest contiguous coral reef ecosystem in the United 
States and in the world and will strengthen global 
protection of coral reef resources at a critical time. 
(9) The preservation and protection of the wa-
ters of the NWHI as a national marine refuge is in 
conformity with the findings and recommendations 
on marine protected areas by the United States 
Commission on Ocean Policy, the purposes of Execu-
tive Order 13196 of January 18, 2001, Executive 
Order 13178 of December 4, 2000, Executive Order 
13158 of May 26, 2000, the National Marine Sanc-
tuaries Act (16 U.S.C. 1431 et seq.), the National 
Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd et seq.), the Act of August 25, 
1916, popularly known as the National Park Service 
Organic Act (16 U.S.C. 1 et seq.), the National His-
toric Preservation Act (16 U.S.C. 470 et seq.), the 
Wilderness Act (16 U.S.C. 1131 et seq.), the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
the Marine Mammal Protection Act (16 U.S.C. 1361 
et seq.), the Clean Water Act (33 U.S.C. 1251 et 
seq.), the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and other pertinent 
statutes. 
SEC. 3. PURPOSES AND POLICIES. 
The purposes and policies of this Act are as follows: 
(1) To designate the Northwestern Hawaiian 
Islands National Marine Refuge. 
(2) To set aside the waters of the NWHI as a 
national marine refuge that fully preserves and pro-
tects in perpetuity the natural resources and cultural 
heritage of the area described in section 6. 
(3) To provide that the preservation of biodiver-
sity and the protection and conservation of the nat-
ural resources and cultural heritage of that area 
shall be the exclusive basis for all associated deci-
sions by Federal agencies.
(4) To provide authority for comprehensive and 
coordinated conservation and management of the 
Northwestern Hawaiian Islands National Marine 
Refuge utilizing ecosystem and precautionary man-
agement approaches and best available science. 
(5) To allow research and other activities in the 
Northwestern Hawaiian Islands National Marine 
Refuge only for the purposes of understanding, 
maintaining, protecting, and if necessary restoring 
the natural biological communities, habitats, native 
species, populations, and ecological processes of such 
Refuge, in conformity with paragraph (3). 
(6) To provide that all human activities in the 
Northwestern Hawaiian Islands National Marine 
Refuge shall be limited to those entirely consistent 
with preservation and protection in the true nature 
of a fully protected refuge, and that all commercial 
use of such refuge shall be prohibited, in conformity 
with paragraph (3). 
(7) To provide that access to and transit 
through the Northwestern Hawaiian Islands Na-
tional Marine Refuge shall be allowed only if author-
ized by a valid permit issued pursuant to this Act, 
except as necessary for valid law enforcement pur-
poses.
SEC. 4. DEFINITIONS. 
As used in this Act, the following definitions apply: 
(1) NATIVE
HAWAIIAN
SUBSISTENCE
PRAC-
TICES.—The term ‘‘Native Hawaiian subsistence 
practices’’— 
(A) means traditional Native Hawaiian 
uses of ocean resources for the purposes of per-
petuating traditional knowledge, taking respon-
sibility and caring for the environment, engag-
ing in direct personal consumption while in the 
NWHI or the Refuge, and strengthening cul-
tural and spiritual connections to the NWHI 
and the Refuge; and 
(B) does not include sale in any place of 
any marine resources. 
(2) SUSTENANCE FISHING.—The term ‘‘suste-
nance fishing’’ means harvesting any marine re-
sources for personal consumption while in the 
NWHI or the Refuge, and only as incidental to 
other permitted activity, with all such catch con-
sumed while in the NWHI or the Refuge. 
(3) REFUGE RESOURCES.—The term ‘‘Refuge 
resources’’ includes all natural resources within the 
Refuge, including without limitation, mammals, fish, 
including aquaria species and live fish trade species, 
crustaceans, coral, live rock, fossil coral, rock, sand,