[Federal Register Volume 64, Number 228 (Monday, November 29, 1999)]
[Rules and Regulations]
[Pages 66566-66579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29967]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 990914255-9255-01]
RIN 0648-AN28
Hawaiian Islands Humpback Whale National Marine Sanctuary
AGENCY: Office of Ocean and Coastal Resource Management (OCRM),
National Ocean Service (NOS), National Oceanic and Atmospheric
Administration (NOAA), Department of Commerce.
ACTION: Final rule; effective date and modifications.
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SUMMARY: Pursuant to the Hawaiian Islands National Marine Sanctuary Act
and the National Marine Sanctuaries Act, NOAA developed the
comprehensive final management plan for the Hawaiian Islands Humpback
Whale National Marine Sanctuary (HIHWNMS or the Sanctuary). NOAA issued
final regulations on March 28, 1997, to implement that plan and govern
the conduct of activities within the Sanctuary. Congress and the
Governor of the State of Hawaii (Governor) had forty-five days of
continuous session of Congress beginning on the day on which the final
regulations were published to review those regulations and management
plan. After the forty-five day review period, the regulations would
become final and take effect, except that any term or terms of the
regulations or management plan the Governor certified to the Secretary
of Commerce as unacceptable would not take effect in the area of the
Sanctuary lying within the seaward boundary of the State.
During the forty-five day review period the Governor submitted to
the Secretary of Commerce a certification that implementation of the
management plan and certain regulations were unacceptable unless
specific amendments were made to the regulations. In response to the
Governor's certification, NOAA amended those regulations certified as
unacceptable to incorporate the Governor's changes. Consequently, upon
their effective date the regulations, as modified by this rule, and
management plan, in their entirety, will apply throughout the
Sanctuary, including within State waters of the Sanctuary.
This rule amends the regulations published in the March 28, 1997,
Federal Register, in response to the Governor's certification, and
announces the effective date of the regulations.
EFFECTIVE DATE: The final rule published on March 28, 1997, at 62 FR
14799 as amended by the revision of 15 CFR part 922, subpart Q in this
document is effective December 29, 1999.
ADDRESSES: The Final Environmental Impact Statement/Management Plan
(FEIS/MP) prepared to implement the Sanctuary designation was released
on February 18, 1997. Copies of the FEIS/MP, and the March 28, 1997,
Federal Register document are available on request to the Hawaiian
Islands Humpback Whale National Marine Sanctuary Office, 726 South
Kihei Road, Kihei, Maui, Hawaii, 96753; or the Marine Sanctuaries
Division (MSD), Office of Ocean and Coastal Resource Management,
National Ocean Service, National Oceanic and Atmospheric
Administration, 1305 East-West
[[Page 66567]]
Highway, SSMC-4, 11th Floor, Silver Spring, Maryland, 20910.
FOR FURTHER INFORMATION CONTACT: Allen Tom, Sanctuary Manager, Kihei,
Maui, Hawaii, (808) 879-2818 (Maui), (808) 541-3184 (Oahu) or (800)
831-4888 (inter-island toll-free).
SUPPLEMENTARY INFORMATION:
I. Introduction
The HIHWNMS was designated by the Hawaiian Islands National Marine
Sanctuary Act (HINMSA; Title II, Subtitle C, Pub. L. No. 102-587) which
was signed into law on November 4, 1992. The HINMSA directed the
Secretary of Commerce to develop a comprehensive management plan and
regulations for the Sanctuary pursuant to sections 303 and 304 of the
National Marine Sanctuaries Act (NMSA) (also known as Title III of the
Marine Protection, Research, and Sanctuaries Act of 1972), as amended,
16 U.S.C. 1431 et seq. The NMSA authorizes the designation of national
marine sanctuaries and the development of management plans and
regulations for national marine sanctuaries to protect their
conservation, recreational, ecological, historical, research,
educational, or aesthetic qualities.
The authority of the Secretary to designate national marine
sanctuaries and implement designated sanctuaries was delegated to the
Under Secretary of Commerce for Oceans and Atmosphere by the Department
of Commerce, Organization Order 10-15, Sec. 3.01(x) (Jan. 26, 1996).
The authority to administer the other provisions of the NMSA was
delegated to the Assistant Administrator for Ocean Services and Coastal
Zone Management of NOAA by NOAA Circular 83-38, Directive 05-50 (Sept.
21, 1983, as amended).
II. Forty-five Day Review Period Under the National Marine
Sanctuaries Act and Hawaiian Islands National Marine Sanctuary Act
NOAA published final regulations on March 28, 1997, (62 FR 14799)
to implement the HIHWNMS management plan and govern the conduct of
activities within the HIHWNMS. Under the NMSA and HINMSA, Congress and
the Governor had forty-five days of continuous session of Congress
beginning on the day on which the final regulations were published to
review the terms of designation (i.e., management plan and
regulations). After forty-five days, the regulations would become final
and take effect, except that any term or terms the Governor certified
within the forty-five day period to the Secretary of Commerce as
unacceptable would not take effect in the area of the Sanctuary lying
within the seaward boundary of the State. The following discusses the
Governor's actions during the forty-five day period and corresponding
modifications to the final regulations made by NOAA in response to
those actions.
Certification by the Governor of Hawaii
On June 5, 1997, during the forty-five day review period under the
NMSA and HINMSA, the Governor of the State of Hawaii certified by
letter to the Secretary of Commerce that implementation of the
management plan and certain regulations were unacceptable in State
waters. However, the management plan and regulations certified as
unacceptable would be acceptable if NOAA amended the regulations and
the intergovernmental Compact Agreement (Compact), developed by the
State and NOAA, as requested in the Governor's certification letter.
NOAA has amended the regulations and the Compact to incorporate the
modifications requested by the Governor in his letter. By doing so, the
regulations and management plan, as modified, are acceptable to the
Governor and, therefore, will apply within State waters of the
Sanctuary upon the effective date of these regulations.
The following is the text of the June 5, 1997, letter from the
Governor of Hawaii to the Secretary of Commerce.
June 5, 1997.
Dr. D. James Baker,
Under Secretary and Administrator, National Oceanic and Atmospheric
Administration, Herbert C. Hoover Building, Room 5128, 14th Street
and Constitution Avenue, N.W., Washington, D.C. 20230.
Dear Dr. Baker: This is to inform you that I have agreed to
include selected portions of State waters within the boundary of the
Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS).
It is our intention to create a State-Federal partnership with the
National Oceanic and Atmospheric Administration (NOAA) for
management of the Sanctuary under the provisions of the HIHWNMS
management plan, implementing regulations, and the intergovernmental
compact agreement, with certain conditions to be applied to the
portions of the Sanctuary within State waters. It is my
understanding that if the conditions set forth below are not met,
the Sanctuary designation and regulations shall not take effect and
become final in State waters.
It is also my understanding that the inclusion of State waters
within the Sanctuary boundary does not convey title to the Federal
government; nor does the State relinquish authority over any State-
owned submerged lands, waters or other State-owned resources,
including the power to lease or otherwise encumber the same.
In accordance with subsection 304(b)(1) of the National Marine
Sanctuaries Act, the following terms are certified as unacceptable
in state waters:
1. Sanctuary emergency regulations unless and until first
approved by the Governor. Accordingly, the following sentence shall
be added to section 922.185 CFR as published on March, 28, 1997:
``Emergency regulations shall not take effect in Hawaii territorial
waters until approved by the Governor of Hawaii.''
2. Sanctuary fees for allowed public uses unless first approved
by the Governor.
3. Requirements for the State of Hawaii or county governments to
provide funding for the implementation of the Sanctuary management
plan, regulations, or the intergovernmental compact agreement.
4. Sanctuary fishing regulations in State waters unless
established by the Board of Land and Natural Resources.
5. NOAA's Preferred Sanctuary boundary in State waters except
the waters:
a. from Kailiu Point eastward to Mokolea Pt. on Kauai;
b. from Puaena point northward to Mahie Point (just south of
Kahana Bay) and from the Ala Wai Canal (Diamond Head side) eastward
to Makapuu Pt. on Oahu;
c. from Ilio Pt. south and eastward to Cape Halawa on Molokai;
d. from Lipoa Point south to Hanamanioa Lighthouse on Maui;
e. all State waters surrounding Lanai;
f. from Upolu Pt. south to Keahole Pt. on Hawaii.
Accordingly, NOAA shall amend 15 C.F.R. Section 181 and Appendix
A to the HIHWNM Sanctuary Regulations to reflect the State Boundary
Selected.
6. Implementation of the management plan in its entirety unless
the Intergovernmental Compact Agreement includes the following:
a. The Governor shall designate a State employee to serve as an
equal partner to work in consultation with the Sanctuary Manager for
the oversight of Sanctuary operations. The State of Hawaii and NOAA
shall manage the Sanctuary through a cooperative partnership and
consult on all management activities throughout the Sanctuary. The
intent of this partnership is that the final resolution of any
management issues resulting in policy conflicts between the State
and NOAA shall be decided by the managing partners consistent with
State and Federal laws.
b. The State reserves the right to initiate proposed changes to
the management plan, and NOAA, if necessary, shall initiate the
Federal rule promulgation process required to make revisions to
Sanctuary regulations requested by the State.
c. The goals and objectives of the Sanctuary management plan
were developed to complement and coordinate existing management
efforts, and, in part, to address some of the objectives and
policies contained in the National Marine Fisheries Service (NMFS)
Final Recovery Plan (Recovery Plan) for the Humpback Whale.
Throughout the implementation of the management plan, therefore,
NOAA's Sanctuaries & Reserves
[[Page 66568]]
Division in coordination with the State, will consult with NMFS to
evaluate the effectiveness of existing management efforts in
achieving those objectives and policies, including whether
additional measures (e.g., regulations or critical habitat) to
protect the humpback whale and its habitat are needed. Prior to
making a final decision on whether to designate critical habitat for
humpback whales in Hawaii state waters under the Endangered Species
Act, NOAA will fully involve and consult with the State.
d. The designation of the Sanctuary does not limit or restrict
in any way State or federal government actions to respond to oil or
hazardous material spill. The Sanctuary will work within established
procedures of the Oceania Regional Response Team for oil or
hazardous material spill response and planning.
e. Section 304(e) of the National Marine Sanctuaries Act
requires the Secretary of Commerce to review the Sanctuary's
Management Plan and implementing regulations every five years,
evaluate the substantive progress toward implementing the management
plan and goals for the Sanctuary, especially the effectiveness of
the site-specific management techniques, and revise the management
plan as necessary to fulfill the purposes and policies of the Act.
When the Management Plan and implementing regulations for the
HIHWNMS are re-evaluated, the Secretary of Commerce will re-propose
the management plan and regulations in their entirety and the State
of Hawaii will have the opportunity to review the Management Plan
and regulations, in their entirety, and indicate if any of all of
the terms are unacceptable, in which case the unacceptable terms
shall not take effect in State waters.
Accordingly, the following provisions shall be added to 15 CFR
section 922.180: ``Section 304(e) of the National Marine Sanctuaries
Act requires the Secretary to review management plans and
regulations every five years, and make necessary revisions. Upon
completion of the five year review of the Sanctuary management plan
and regulations, the Secretary will re-propose the Sanctuary
regulations in their entirety with any proposed changes thereto. The
Governor of the State of Hawaii will have the opportunity to review
the re-proposed regulations before they take effect and if the
Governor certifies such regulations as unacceptable, they will not
take effect in State waters of the Sanctuary.''
We believe that implementation of the plan provides for balanced
protection of Hawaii's endangered State marine mammal and its marine
habitat, and advances the state and federal commitment to jointly
manage these resources. We look forward to that continuing
relationship.
With warmest personal regards,
Aloha,
Benjamin J. Cayetano.
cc: Mr. Allen Tom, NOAA
NOAA's Response to Governor's Certification
In response to the Governor's certification of June 5, 1997, NOAA
has amended those regulations certified by the Governor as being
unacceptable in State waters. With the modifications, the entire
regulations and management plan are accepted by the Governor and will
apply throughout the Sanctuary, including within State waters of the
Sanctuary, upon their effective date. The basis and purpose of the
changes to the regulations are as follows.
(1) Per item number 1 of the Governor's letter which certified as
unacceptable in State waters emergency regulations unless first
approved by the Governor, Sec. 922.185 of subpart Q is amended by
adding ``Emergency regulations shall not take effect in Hawaii State
waters until approved by the Governor of Hawaii.'' This is consistent
with the management plan which provides that any new regulation or
substantive modification to existing Sanctuary regulations will require
the Governor's approval in order to take effect in State waters of the
Sanctuary.
(2) Item 2 of the Governor's certification certified as
unacceptable in State waters Sanctuary user fees unless first approved
by the Governor. However, by law NOAA is precluded from instituting any
user fees under the HINMSA or NMSA for any activity within the
Sanctuary or any use of the Sanctuary or its resources. Consequently,
no amendment to the Sanctuary regulations is necessary. By law, the
term ``user fee'' does not include any fee authorized by section 310 of
the NMSA (Special Use Permits); any gift or donation received under
section 311 of the NMSA; or any monetary or in-kind contributions under
section 316 of the NMSA.
(3) Item 3 of the Governor's certification certified as
unacceptable in State waters requirements for the State of Hawaii or
County governments to provide funding for the implementation of the
management plan, regulations or Intergovernmental Compact Agreement. No
changes were made to the regulations as regards this item of the
Governor's certification because there is no regulatory component
necessary for its implementation. There is no mandate in the management
plan for the State or counties to provide funding for the Sanctuary.
Further, as stated in the March 28, 1997, Federal Register document,
the final regulations contain no Federal mandates and therefore are not
subject to the Unfunded Mandates Reform Act of 1995.
(4) Per item number 4 of the Governor's letter which certified as
unacceptable in State waters Sanctuary fishing regulations unless
established by the State of Hawaii's Board of Land and Natural
Resources, NOAA amended Sec. 922.184 of subpart Q by adding a new
paragraph (c) to read ``Any Sanctuary fishery regulations shall not
take effect in Hawaii State waters until established by the State Board
of Land and Natural Resources.'' The Governor's certification did not
specify a particular regulation to be amended, but NOAA determined that
an appropriate place for such provision is in the Sanctuary specific
regulations at a new Sec. 922.184(c) of subpart Q. Again, this
provision is consistent with the portion of the management plan that
provides that any new regulation must be approved by the State
(Governor) in order to take effect in State waters of the Sanctuary.
(5) Per item number 5 of the Governor's letter which certified as
unacceptable in State waters NOAA's preferred Sanctuary boundary,
except the waters:
a. from Kailiu Point, eastward to Mokolea Point on Kauai;
b. from Puaena Point northward to Mahie Point (just south of Kahana
Bay) and from the Ala Wai Canal (Diamond Head side) eastward to Makapuu
Point on Oahu;
c. from Ilio Point south and eastward to Cape Halawa on Molokai;
d. from Lipoa Point south to Hanamanioa Lighthouse on Maui;
e. all State waters around Lanai;
f. from Upolu Point south to Keahole Point on Hawaii;
NOAA has amended Sec. 922.181 and Appendix A to subpart Q to
reflect the modified final Sanctuary boundary to accommodate the
Governor's requested changes and to clarify boundary end points. The
following list summarizes the changes made, in consultation with the
state, to NOAA's preferred alternative boundary listed in the final
management plan and regulations. Unless otherwise stated, the boundary
goes from the shoreline to the 100 fathom (600 feet) isobath.
Kauai
The location of the western boundary point (Kailiu Point) remains
unchanged. The eastern boundary point was changed from Makahuena Point
to Mokolea Point to reflect the Governor's letter. Both Hanamaulu Bay
and Nawiliwili Harbor were removed from the excluded harbors list since
they are no longer physically located within the Sanctuary boundary.
North Oahu
No changes were made to the location of Puaena Point and Mahie
Point as identified in the final management plan. However, the final
language states from ``Puaena Point eastward to Mahie Point (just south
of Kahana Bay)'' using eastward instead of northward to more
[[Page 66569]]
accurately reflect the location of the point.
South Oahu
The Governor's letter requested that the Oahu western boundary
point start from the Ala Wai Canal (Diamond Head side). Further
consultation with the State of Hawaii clarified the location of this
point to be at the Kapahulu Groin in Waikiki, which is the intersection
of a perpendicular line from where the Ala Wai Canal begins (near
Diamond Head) and the ocean. The Ala Wai Small Boat Basin was removed
from the excluded harbors list since it no longer is physically located
within the Sanctuary boundary. NOAA also generated two closure bounds
(see bounds #21 and #22 on Figure 2 in Appendix A to the final rule) to
clarify that Kaupa Pond (Hawaii Kai) is not included in the boundary.
The original boundary file given to NOAA from the state mistakenly
included this area. The two closure bounds were drawn at the outer side
of the bridges for the coast highway crossing the two outlets.
Maui County (Maui, Molokai, Lanai, Penguin Bank)
The final boundary around Maui County was modified to reflect the
Governor's request to include the areas from Cape Halawa, Molokai south
and westward to Ilio Point, and from Lipoa Point, Maui south to the
Hanamanioa Lighthouse. No changes were made to the boundary around
Lanai or Penguin Bank. In consultation with the State of Hawaii, the
boundary between Cape Halawa, Molokai and Lipoa Point, Maui (across the
deepwater Pailolo Channel) was redrawn as a straight line to simplify
the boundary. NOAA generated additional boundary coordinates to
construct the boundary around the northeast shore of Kahoolawe. This
line follows a 3 nautical mile arc around the island of Kahoolawe,
which is not included within the Sanctuary, and intersects the 100
fathom line. NOAA also provided some coordinates for a technical
closure correction of the boundary in an area north of Kahoolawe (see
bound #11 in Figure 2, Appendix A to the final rule). This is an area
of complex bathymetry, where the 100 fathom isobath varies
tremendously. NOAA and the State agreed to simplify the boundary in the
area by drawing a line across the area, thus eliminating the area of
complex bathymetry. This was depicted in both the draft and final
environmental impact statements and management plans. Kahului Harbor on
Maui was removed from the excluded harbors list since it no longer is
physically located within the Sanctuary boundary.
Hawaii (Big Island)
The Sanctuary boundary around the Big Island was modified to
reflect the Governor's letter requesting that the boundary start at
Upolu Pt. and go south to Keahole Point. Hilo Harbor, Honokohau Boat
Harbor, and Keauhou Bay boat harbors were removed from the excluded
harbor list since they are no longer physically located within the
Sanctuary boundary.
These boundary changes made in response to the Governor's
certification are within the range of boundary alternatives contained
in the draft and final environmental impact statements/management plans
for the Sanctuary, and within the scope of the boundary identified in
the final regulations published on March 28, 1997. The list of ports
and harbors excluded from the Sanctuary boundary has also been modified
according to the revised final Sanctuary boundary.
(6) Per item number 6 of the Governor's letter which certifies as
unacceptable in State waters the implementation of the management plan
unless the Intergovernmental Compact Agreement and Sec. 922.180 is
amended to add a provision regarding a five year review of the
management plan and regulations, Sec. 922.180 of subpart Q is amended
by adding:
Section 304(e) of the NMSA requires the Secretary to review
management plans and regulations every five years, and make
necessary revisions. Upon completion of the five year review of the
Sanctuary management plan and regulations, the Secretary will
repropose the Sanctuary management plan and regulations in their
entirety with any proposed changes thereto. The Governor of the
State of Hawaii will have the opportunity to review the re-proposed
management plan and regulations before they take effect and if the
Governor certifies any term or terms of the management plan or
regulations as unacceptable, the unacceptable term or terms will not
take effect in State waters of the Sanctuary.
A corresponding amendment, as well as other amendments to address
elements of item 6 of the Governor's letter, have also been made to the
Compact Agreement which was signed by the Governor on May 4, 1998. The
modification to the regulation essentially codifies the requirement
under the NMSA to conduct reviews of Sanctuary management plans and
regulations every five years. In the HIHWNMS context, NOAA has
determined that at the conclusion of the five year review of the
Sanctuary, it will repropose the regulations and management plan for
the Governor's review, similar to the forty-five day review period
under the NMSA that preceded this notice.
For clarity, this document publishes the revised Sanctuary specific
regulations at 15 CFR part 922, subpart Q in their entirety, which will
replace subpart Q as published in the March 28, 1997 Federal Register
document. Consequently, subpart Q as published in this rule and all
remaining regulations in the March 28, 1997, rule shall become
effective December 29, 1999.
III. Summary of the Changes to the Final Regulations at Subpart Q
The following summarizes the Sanctuary regulations at 15 CFR part
922, subpart Q, as modified by this document. Except as noted below,
this section remains the same as in the March 28, 1997, Federal
Register document. With the changes, the final rule published on March
28, 1997, at 62 FR 14799, and the revision of 15 CFR part 922, subpart
Q, in this document shall apply throughout the Sanctuary, including
within State waters of the Sanctuary, on December 29, 1999.
Section 922.180 sets forth the purpose of the regulations--to
implement the designation of the Hawaiian Islands Humpback Whale
National Marine Sanctuary by regulating activities affecting the
resources of the Sanctuary or any of the qualities, values, or purposes
for which the Sanctuary was designated, in order to protect, preserve,
and manage the conservation, ecological, recreational, research,
educational, historical, cultural, and aesthetic resources and
qualities of the area. Section 922.180 also describes the five-year
review of the management plan and regulations for the Sanctuary.
Section 922.181 and Appendix A to subpart Q set forth the boundary
of the Sanctuary. Appendix A provides a text description of the
Sanctuary boundary with specific lateral closure points and exclusion
areas. The Sanctuary boundary is also depicted in Figures 1-3. Digital
files, available in three common formats (ESRI Shape File, MapInfo
Tables, and an ASCII Exchange Format) are available from the Sanctuary
office in Kihei, Maui, at the address listed above. These digital
geographies are the best available representation of the verbal legal
delineation and were derived from: the Hawaiian shoreline as supplied
by State of Hawaii through the Office of Planning GIS Office, the
agreed lateral boundary and exclusion areas, and the 100 fathom
[[Page 66570]]
isobath digitized from the following 1:80,000 scale NOAA nautical
charts:
19327--West Coast of Hawaii (9th ED, 4/29/89),
19347--Channels between Molokai, Maui, Lanai, and Kahoolawe (17th
ED, 12/13/97),
19351--Channels between Oahu, Molokai, and Lanai (8th ED, 7/01/
1989),
19357--Island of Oahu (20th ED, 9/21/1996), and
19381--Island of Kauai (8th ED, 7/17/1993)].
For the portion of the Lanai region of the HIHWNMS west of Chart
19351, [157 deg.42.8' west] the 100 fathom contour was derived from
the 1:250,000 chart 19340--Hawaii to Oahu (24th ED, 1/09/1993).
All digital geography data have been referenced to WGS84 (NAD83) and
have been converted to geographic (latitude and longitude) coordinates.
Section 922.184(c) provides that any Sanctuary fishing regulations
will not take effect in State waters until established by the State
Board of Land and Natural Resources.
Section 922.185 provides that where necessary to prevent or
minimize the destruction of, loss of, or injury to a Sanctuary
resource, or imminent risk of such destruction of, loss of, or injury,
any and all activities are subject to immediate temporary regulation,
including prohibition. No emergency regulation will take effect in
State waters of the Sanctuary until approved by the Governor of Hawaii.
IV. Miscellaneous Rulemaking Requirements
Except as noted below, this section remains the same as in the
March 28, 1997 Federal Register notice.
National Marine Sanctuaries Act
Section 304 of the National Marine Sanctuaries Act provides that
Congress and the Governor have forty-five days of continuous session of
Congress beginning on the day on which the final regulations were
published to review the terms of designation (i.e., regulations and
management plan). After forty-five days, the regulations would become
final and take effect, except that any term or terms of the regulations
or management plan the Governor certified to the Secretary of Commerce
as unacceptable would not take effect in the State waters portion of
the Sanctuary. The forty-five day review period began on March 28,
1997, the date the final regulations were published in the Federal
Register, and concluded on June 6, 1997. During that period the
Governor submitted to the Secretary a certification that the management
plan and certain regulations were unacceptable unless specific
amendments were made to such regulations. NOAA amended those
regulations certified as unacceptable by incorporating the Governor's
changes. Consequently, upon their effective date the regulations, as
revised by this Federal Register document, and management plan, in
their entirety, will apply throughout the Sanctuary, including within
State waters of the Sanctuary.
Administrative Procedure Act
The final Sanctuary regulations at 15 CFR part 922, subpart Q,
which were promulgated on March 28, 1997, through notice and comment
rulemaking, have been amended pursuant to and consistent with the
procedures required under the National Marine Sanctuaries Act and
Hawaiian Islands National Marine Sanctuary Act. The NMSA and HINMSA
provide that during the review period of forty-five day continuous
session of Congress, the Governor may certify to the Secretary of
Commerce any regulation as unacceptable and, if the Governor so
certifies, the regulation shall not take effect in the State waters
portion of the Sanctuary. As the changes requested by the Governor and
herein made by NOAA are within the scope of the proposed and final
rules, additional prior notice and opportunity for public comment are
not required by 5 U.S.C. 553. The basis and purpose of the changes to
the final regulations requested by the Governor have been set forth
above.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Education,
Environmental protection, Marine resources, Natural resources,
Penalties, Recreation and recreation areas, Reporting and recordkeeping
requirements, Research.
Dated: October 29, 1999.
Ted Lillestolen,
Deputy Assistant Administrator for Ocean Services and Coastal Zone
Management.
PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
Accordingly, for the reasons set forth above, 15 CFR part 922 is
amended by revising subpart Q to read as follows:
Subpart Q--Hawaiian Islands Humpback Whale National Marine Sanctuary
Section
922.180 Purpose.
922.181 Boundary.
922.182 Definitions.
922.183 Allowed activities.
922.184 Prohibited activities.
922.185 Emergency regulations.
922.186 Penalties; appeals.
922.187 Interagency cooperation.
Appendix A to Subpart Q--Hawaiian Islands Humpback Whale National
Marine Sanctuary Boundary Description and Coordinates of the Lateral
Boundary Closures and Excluded Areas
Authority: 16 U.S.C. 1431 et seq. and subtitle C, title II, Pub.
L. 102-587, 106 Stat. 5055.
Subpart Q--[Revised]
Sec. 922.180 Purpose.
(a) The purpose of the regulations in this subpart is to implement
the designation of the Hawaiian Islands Humpback Whale National Marine
Sanctuary by regulating activities affecting the resources of the
Sanctuary or any of the qualities, values, or purposes for which the
Sanctuary was designated, in order to protect, preserve, and manage the
conservation, ecological, recreational, research, educational,
historical, cultural, and aesthetic resources and qualities of the
area. The regulations are intended to supplement and complement
existing regulatory authorities; to facilitate to the extent compatible
with the primary objective of protecting the humpback whale and its
habitat, all public and private uses of the Sanctuary, including uses
of Hawaiian natives customarily and traditionally exercised for
subsistence, cultural, and religious purposes, as well as education,
research, recreation, commercial and military activities; to reduce
conflicts between compatible uses; to maintain, restore, and enhance
the humpback whale and its habitat; to contribute to the maintenance of
natural assemblages of humpback whales for future generations; to
provide a place for humpback whales that are dependent on their
Hawaiian Islands wintering habitat for reproductive activities,
including breeding, calving, and nursing, and for the long-term
survival of their species; and to achieve the other purposes and
policies of the HINMSA and NMSA.
(b) These regulations may be modified to fulfill the Secretary's
responsibilities for the Sanctuary, including the provision of
additional protections for humpback whales and their habitat, if
reasonably necessary, and the conservation and management of other
marine resources, qualities and ecosystems of the Sanctuary determined
to be of national significance. The Secretary shall consult with the
Governor of the State of Hawaii on any modification to the regulations
contained in this part. For any modification of the regulations
[[Page 66571]]
contained in this part that would constitute a change in a term of the
designation, as contained in the Designation Document for the
Sanctuary, the Secretary shall follow the applicable requirements of
sections 303 and 304 of the NMSA, and sections 2305 and 2306 of the
HINMSA.
(c) Section 304(e) of the NMSA requires the Secretary to review
management plans and regulations every five years, and make necessary
revisions. Upon completion of the five year review of the Sanctuary
management plan and regulations, the Secretary will repropose the
Sanctuary management plan and regulations in their entirety with any
proposed changes thereto. The Governor of the State of Hawaii will have
the opportunity to review the re-proposed management plan and
regulations before they take effect and if the Governor certifies any
term or terms of such management plan or regulations as unacceptable,
the unacceptable term or terms will not take effect in State waters of
the Sanctuary.
Sec. 922.181 Boundary.
(a) Except for excluded areas described in paragraph (b) of this
section, the Hawaiian Islands Humpback Whale National Marine Sanctuary
consists of the submerged lands and waters off the coast of the
Hawaiian Islands seaward from the shoreline, cutting across the mouths
of rivers and streams:
(1) To the 100-fathom (183 meter) isobath from Kailiu Point
eastward to Mokolea Point, Kauai;
(2) To the 100-fathom (183 meter) isobath from Puaena Point
eastward to Mahie Point, and from the Kapahulu Groin in Waikiki
eastward to Makapuu Point, Oahu;
(3) To the 100-fathom (183 meter) isobath from Cape Halawa,
Molokai, south and westward to Ilio Point, Molokai; southwestward to
include Penguin Banks; eastward along the east side of Lanai; to the
waters seaward of the three nautical mile limit north of Kahoolawe, to
the Hanamanoia Lighthouse on Maui, and northward along the shoreline to
Lipoa Point, Maui;
(4) To the deep water area of Pailolo Channel from Cape Halawa,
Molokai, to Lipoa Point, Maui, and southward;
(5) To the 100-fathom (183 meter) isobath from Upolu Point
southward to Keahole Point, Hawaii.
(b) Excluded from the Sanctuary boundary are the following
commercial ports and small boat harbors:
Hawaii (Big Island)
Kawaihae Boat Harbor & Small Boat Basin
Lanai
Kaumalapau Harbor, Manele Harbor
Maui
Lahaina Boat Harbor
Maalaea Boat Harbor
Molokai
Hale o Lono Harbor
Kaunakakai Harbor
Oahu
Kuapa Pond (Hawaii Kai)
(c) The coordinates of the lateral extents of each boundary area
within the Sanctuary boundary appear in Appendix A of this subpart Q.
Sec. 922.182 Definitions.
(a) Acts means the Hawaiian Islands National Marine Sanctuary Act
(HINMSA; sections 2301-2307 of Pub. L. 102-587), and the National
Marine Sanctuaries Act (NMSA; also known as Title III of the Marine
Protection, Research, and Sanctuaries Act (MPRSA), as amended, 16
U.S.C. 1431 et seq.).
Adverse impact means an impact that independently or cumulatively
damages, diminishes, degrades, impairs, destroys, or otherwise harms.
Alteration of the seabed means drilling into, dredging, or
otherwise altering a natural physical characteristic of the seabed of
the Sanctuary; or constructing, placing, or abandoning any structure,
material, or other matter on the seabed of the Sanctuary.
Habitat means those areas that provide space for individual and
population growth and normal behavior of humpback whales, and include
sites used for reproductive activities, including breeding, calving and
nursing.
Military activities means those military activities conducted by or
under the auspices of the Department of Defense and any combined
military activities carried out by the Department of Defense and the
military forces of a foreign nation.
Sanctuary means the Hawaiian Islands Humpback Whale National Marine
Sanctuary.
Sanctuary resource means any humpback whale, or the humpback
whale's habitat within the Sanctuary.
Shoreline means the upper reaches of the wash of the waves, other
than storm or seismic waves, at high tide during the season of the year
in which the highest wash of the waves occurs, usually evidenced by the
edge of vegetation growth, or the upper limit of debris left by the
wash of the waves.
Take or taking a humpback whale means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, collect or injure a humpback
whale, or to attempt to engage in any such conduct. The term includes,
but is not limited to, any of the following activities: collecting any
dead or injured humpback whale, or any part thereof; restraining or
detaining any humpback whale, or any part thereof, no matter how
temporarily; tagging any humpback whale; operating a vessel or aircraft
or doing any other act that results in the disturbing or molesting of
any humpback whale.
(b) Other terms appearing in the regulations in this subpart are
defined at 15 CFR 922.3, and/or in the Marine Protection, Research, and
Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 1431
et seq.
Sec. 922.183 Allowed activities.
(a) All activities except those prohibited by Sec. 922.184 may be
undertaken in the Sanctuary subject to any emergency regulations
promulgated pursuant to Sec. 922.185, subject to the interagency
cooperation provisions of section 304(d) of the NMSA [16 U.S.C.
1434(d)] and Sec. 922.187 of this subpart, and subject to the liability
established by section 312 of the NMSA and Sec. 922.46 of this part.
All activities are also subject to all prohibitions, restrictions, and
conditions validly imposed by any other Federal, State, or county
authority of competent jurisdiction.
(b) Included as activities allowed under the first sentence of
paragraph (a) of this Sec. 922.183 are all classes of military
activities, internal or external to the Sanctuary, that are being or
have been conducted before the effective date of these regulations, as
identified in the Final Environmental Impact Statement/Management Plan.
Paragraphs (a)(1) through (a)(5) of Sec. 922.184 do not apply to these
classes of activities, nor are these activities subject to further
consultation under section 304(d) of the NMSA.
(c) Military activities proposed after the effective date of these
regulations are also included as allowed activities under the first
sentence of paragraph (a) of this Sec. 922.183. Paragraphs (a)(1)
through (a)(5) of Sec. 922.184 apply to these classes of activities
unless--
(1) they are not subject to consultation under section 304(d) of
the NMSA and Sec. 922.187 of this subpart, or
(2) upon consultation under section 304(d) of the NMSA and
Sec. 922.187 of this subpart, NOAA's findings and recommendations
include a statement that paragraphs (a)(1) through (a)(5) of
[[Page 66572]]
Sec. 922.184 do not apply to the military activity.
(d) If a military activity described in paragraphs (b) or (c)(2) of
this Sec. 922.183 is modified such that it is likely to destroy, cause
the loss of, or injure a Sanctuary resource in a manner significantly
greater than was considered in a previous consultation under section
304(d) of the NMSA and Sec. 922.187 of this subpart, or if the modified
activity is likely to destroy, cause the loss of, or injure any
Sanctuary resource not considered in a previous consultation under
section 304(d) of the NMSA and Sec. 922.187 of this subpart, the
modified activity will be treated as a new military activity under
paragraph (c) of this section.
(e) If a proposed military activity subject to section 304(d) of
the NMSA and Sec. 922.187 of this subpart is necessary to respond to an
emergency situation and the Secretary of Defense determines in writing
that failure to undertake the proposed activity during the period of
consultation would impair the national defense, the Secretary of the
military department concerned may request the Director that the
activity proceed during consultation. If the Director denies such a
request, the Secretary of the military department concerned may decide
to proceed with the activity. In such case, the Secretary of the
military department concerned shall provide the Director with a written
statement describing the effects of the activity on Sanctuary resources
once the activity is completed.
Sec. 922.184 Prohibited activities.
(a) The following activities are prohibited and thus unlawful for
any person to conduct or cause to be conducted.
(1) Approaching, or causing a vessel or other object to approach,
within the Sanctuary, by any means, within 100 yards of any humpback
whale except as authorized under the Marine Mammal Protection Act, as
amended (MMPA), 16 U.S.C. 1361 et seq., and the Endangered Species Act,
as amended (ESA), 16 U.S.C. 1531 et seq.;
(2) Operating any aircraft above the Sanctuary within 1,000 feet of
any humpback whale except as necessary for takeoff or landing from an
airport or runway, or as authorized under the MMPA and the ESA;
(3) Taking any humpback whale in the Sanctuary except as authorized
under the MMPA and the ESA;
(4) Possessing within the Sanctuary (regardless of where taken) any
living or dead humpback whale or part thereof taken in violation of the
MMPA or the ESA;
(5) Discharging or depositing any material or other matter in the
Sanctuary; altering the seabed of the Sanctuary; or discharging or
depositing any material or other matter outside the Sanctuary if the
discharge or deposit subsequently enters and injures a humpback whale
or humpback whale habitat, provided that such activity:
(i) requires a Federal or State permit, license, lease, or other
authorization; and
(ii) is conducted:
(A) without such permit, license, lease, or other authorization, or
(B) not in compliance with the terms or conditions of such permit,
license, lease, or other authorization.
(6) Interfering with, obstructing, delaying or preventing an
investigation, search, seizure or disposition of seized property in
connection with enforcement of either of the Acts or any regulations
issued under either of the Acts.
(b) The prohibitions in paragraphs (a)(1) through (a)(5) of this
Sec. 922.184 do not apply to activities necessary to respond to
emergencies threatening life, property or the environment; or to
activities necessary for valid law enforcement purposes. However, while
such activities are not subject to paragraphs (a)(1) through (a)(5) of
this Sec. 922.184, this paragraph (b) does not exempt the activity from
the underlying prohibition or restriction under other applicable laws
and regulations (e.g., MMPA, ESA, and CWA).
(c) Any Sanctuary fishery regulations shall not take effect in
Hawaii State waters until established by the State Board of Land and
Natural Resources.
Sec. 922.185 Emergency regulations.
Where necessary to prevent or minimize the destruction of, loss of,
or injury to a Sanctuary resource, or to minimize the imminent risk of
such destruction, loss, or injury, any and all activities are subject
to immediate temporary regulation, including prohibition. Before
issuance of such regulations the Director shall consult to the extent
practicable with any relevant Federal agency and the Governor of the
State of Hawaii. Emergency regulations shall not take effect in State
waters of the Sanctuary until approved by the Governor of Hawaii.
Sec. 922.186 Penalties; appeals.
(a) Pursuant to section 307 of the NMSA, each violation of either
of the Acts, or any regulation in this subpart is subject to a civil
penalty of not more than $100,000. Each such violation is subject to
forfeiture of property or Sanctuary resources seized in accordance with
section 307 of the NMSA. Each day of a continuing violation constitutes
a separate violation.
(b) Regulations setting forth the procedures governing the
administrative proceedings for assessment of civil penalties for
enforcement reasons, issuance and use of written warnings, and release
or forfeiture of seized property appear at 15 CFR Part 904.
(c) A person subject to an action taken for enforcement reasons for
violation of these regulations or either of the Acts may appeal
pursuant to the applicable procedures in 15 CFR Part 904.
Sec. 922.187 Interagency Cooperation.
Under section 304(d) of the NMSA, Federal agency actions internal
or external to a national marine sanctuary, including private
activities authorized by licenses, leases, or permits, that are likely
to destroy, cause the loss of, or injure any sanctuary resource are
subject to consultation with the Director. The Federal agency proposing
an action shall determine whether the activity is likely to destroy,
cause the loss of, or injure a Sanctuary resource. To the extent
practicable, consultation procedures under section 304(d) of the NMSA
may be consolidated with interagency cooperation procedures required by
other statutes, such as the ESA. The Director will attempt to provide
coordinated review and analysis of all environmental requirements.
Appendix A to Subpart Q--Hawaiian Islands Humpback Whale, National
Marine Sanctuary Boundary Description and Coordinates of the
Lateral Boundary Closures and Excluded Areas.
Appendix A provides a text and pictoral (see Figures 1-3)
description of the Sanctuary boundary with specific lateral closure
points and exclusion areas. The lateral extents (bounds) of each
boundary area are closed by straight lines defined by at least two
points. It may be necessary to extend these lines beyond the defining
points to intersect the actual 100 fathom contour or the shoreline.
Each point corresponds to a bounds number indicated in Figure 2.
Digital files of the Sanctuary boundary (available in three common
formats, ESRI Shape File, MapInfo Table, and an ASCII Exchange Format)
are available from the Sanctuary office in Kihei, Maui, at the address
listed above or by calling (808) 879-2818. These digital geographies
are the best available representation of the verbal legal delineation
and were derived from: the Hawaiian shoreline as
[[Page 66573]]
supplied by State of Hawaii through the Office of Planning GIS Office,
the NOAA and State of Hawaii agreed upon lateral boundary and exclusion
areas, and the 100 fathom isobath digitized from the following 1:80,000
scale NOAA nautical charts-19327--West Coast of Hawaii (9th ED, 4/29/
89),
19347--Channels between Molokai, Maui, Lanai, and Kahoolawe (17th
ED,
12/13/97),
19351--Channels between Oahu, Molokai, and Lanai (8th ED, 7/01/
1989),
19357--Island of Oahu (20th ED, 9/21/1996), and
19381--Island of Kauai (8th ED, 7/17/1993)].
For the portion of the Lanai region of the HIHWNMS west of Chart
19351,[157 deg.42.8' west] the 100 fathom contour was derived from
the 1:250,000 chart 19340--Hawaii to Oahu (24th ED, 1/09/1993).
All digital geography data have been referenced to WGS84 (NAD83)
and have been converted to geographic (latitude and longitude)
coordinates.
Sanctuary Boundary
A. As defined by the specific lateral boundaries in B, and
except for excluded areas described in paragraph C of this section,
the Hawaiian Islands Humpback Whale National Marine Sanctuary
consists of the submerged lands and waters off the coast of the
Hawaiian Islands seaward from the shoreline, cutting across the
mouths of rivers and streams (see Figure 1):
1. To the 100-fathom (183 meter) isobath from Kailiu Point
eastward to Mokolea Point, Kauai;
2. To the 100-fathom (183 meter) isobath from Puaena Point
eastward to Mahie Point, and from the Kapahulu Groin in Waikiki
eastward to Makapuu Point, Oahu;
3. To the 100-fathom (183 meter) isobath from Cape Halawa,
Molokai, south and westward to Ilio Point, Molokai; southwestward to
include Penguin Banks; eastward along the east side of Lanai; to the
waters seaward of the three nautical mile limit north of Kahoolawe,
to the Hanamanoia Lighthouse on Maui, and northward along the
shoreline to Lipoa Point, Maui;
4. To the deep water area of Pailolo Channel from Cape Halawa,
Molokai, to Lipoa Point, Maui, and southward;
5. To the 100-fathom (183 meter) isobath from Upolu Point
southward to Keahole Point, Hawaii.
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B. Lateral Closure Bounds for the Hawaiian Islands Humpback Whale
National Marine Sanctuary Boundary (see Figure 2).
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Bound No. (Fig. 2) Geographic name No. of points Latitude Longitude
----------------------------------------------------------------------------------------------------------------
1......................... Kailiu Pt., Kauai............ 2 22 deg.13'24.7'' -159 deg.34'52.2''
22 deg.16'33.5'' -159 deg.35'59.4''
2......................... Mokolea Pt., Kauai........... 2 22 deg.13'29.9'' -159 deg.22'55.8''
22 deg.14'55.4'' -159 deg.22'19.3''
3......................... Puaena Pt., N. Oahu.......... 2 21 deg.38'24.6'' -158 deg.8'26.0''
21 deg.36'8.4'' -158 deg.6'24.5''
4......................... Mahie Pt., N. Oahu........... 2 21'33'37.3'' -157 deg.51'51.9''
21 deg.35'32.2'' -157 deg.50'5.5''
5......................... Kapahulu Groin, S. Oahu...... 3 21 deg.15'5.7'' -157 deg.50'27.5''
21 deg.16'6.1'' -157 deg.49'25.7''
21 deg.16'6.2'' -157 deg.49'23.8''
6......................... Makapuu Pt., S. Oahu......... 2 21 deg.18'39.6'' -157 deg.38'56.7''
21 deg.19'44.7'' -157 deg.35'46.1''
7......................... Ilio Pt, Molokai............. 2 21 deg.13'25.7'' -157 deg.18'45.8''
21 deg.13'27.0'' -157 deg.15'14.4''
8......................... Pailolo Channel, C. Halawa to 2 21 deg.1'29.8'' -156 deg.38'22.0''
Lipoa Pt.. 21 deg.9'29.5'' -156 deg.42'37.2''
9......................... Hanamanoia Lighthouse, Maui.. 2 20 deg.34'21.8'' -156 deg.26'51.1''
20 deg.34'58.4'' -156 deg.24'45.2''
10........................ 3 Nmi. closure around 51 20 deg.35'58.1'' -156 deg.29'32.0''
Kahoolawe. 20 deg.35'59.9'' -156 deg.29'33.0''
20 deg.36'3.9'' -156 deg.29'35.5''
20 deg.36'6.6'' -156 deg.29'36.9''
20 deg.36'16.3'' -156 deg.29'43.1''
20 deg.36'25.7'' -156 deg.29'49.9''
20 deg.36'34.6'' -156 deg.29'57.3''
20 deg.36'39.9'' -156 deg.30'2.2''
20 deg.36'43.8'' -156 deg.30'5.5''
20 deg.36'50.8'' -156 deg.30'12.1''
20 deg.36'59.0'' -156 deg.30'16.5''
20 deg.37'8.7'' -156 deg.30'22.7''
20 deg.37'18.1'' -156 deg.30'29.5''
20 deg.37'27.0'' -156 deg.30'36.8''
20 deg.37'35.5'' -156 deg.30'44.8''
20 deg.37'43.4'' -156 deg.30'53.4''
20 deg.37'50.9'' -156 deg.31'2.4''
20 deg.37'56.4'' -156 deg.31'10.0''
20 deg.37'59.0'' -156 deg.31'13.2''
20 deg.38'6.0'' -156 deg.31'22.7''
20 deg.38'8.6'' -156 deg.31'26.8''
20 deg.38'10.8'' -156 deg.31'29.9''
20 deg.38'17.2'' -156 deg.31'39.9''
20 deg.38'18.9'' -156 deg.31'43.0''
20 deg.38'23.4'' -156 deg.31'48.4''
20 deg.38'30.3'' -156 deg.31'58.0''
20 deg.38'36.6'' -156 deg.32'7.9''
20 deg.38'42.4'' -156 deg.32'18.3''
20 deg.38'43.4'' -156 deg.32'20.5''
20 deg.38'46.4'' -156 deg.32'25.9''
20 deg.38'51.5'' -156 deg.32'36.7''
20 deg.38'56.0'' -156 deg.32'47.7''
20 deg.38'59.8'' -156 deg.32'59.1''
20 deg.39'3.0'' -156 deg.33'10.7''
20 deg.39'4.0'' -156 deg.33'15.7''
20 deg.39'4.4'' -156 deg.33'17.0''
20 deg.39'5.3'' -156 deg.33'21.1''
20 deg.39'6.8'' -156 deg.33'28.7''
20 deg.39'8.6'' -156 deg.33'40.7''
20 deg.39'8.9'' -156 deg.33'44.4''
20 deg.39'9.7'' -156 deg.33'49.6''
20 deg.39'10.1'' -156 deg.33'53.8''
20 deg.39'11.0'' -156 deg.34'0.3''
20 deg.39'12.1'' -156 deg.34'12.4''
20 deg.39'12.5'' -156 deg.34'24.4''
20 deg.39'12.4'' -156 deg.34'25.4''
20 deg.39'12.6'' -156 deg.34'30.5''
20 deg.39'12.2'' -156 deg.34'42.6''
20 deg.39'11.8'' -156 deg.34'47.7''
20 deg.39'11.7'' -156 deg.34'48.9''
20 deg.39'11.3'' -156 deg.34'55.8''
11......................... Technical Closure............ 2 20'41'39.2'' -156 deg.37'7.5''
20 deg.41'45.0'' -156 deg.38'3.6''
North of Kahoolawe...........
[[Page 66577]]
12......................... Upolu Pt., Hawaii (Big 2 20'16''5.3'' -155 deg.51'0.5''
Island). 20 deg.17'59.9'' -155 deg.51'17.2''
13......................... Keahole Pt., Hawaii (Big 2 19 deg.43'39.6'' -156'3'42.7''
Island). 19 deg.43'41.5'' -156 deg.4'14.5''
----------------------------------------------------------------------------------------------------------------
C. Excluded Ports and Harbors Bounds (see Figure 3).
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No. of
Bound No. (Fig.2) Geographic Name Points Latitude Longitude
----------------------------------------------------------------------------------------------------------------
14........................... Kawaihae Harbor, Big Island 2 20 deg.2'14.3'' -155 deg.50'2.5''
exclusion. 20 deg.2'25.3'' -155 deg.49'57.7''
15........................... Haleolono Harbor, Molokai 2 21 deg.5'3.5'' -157 deg.14'58.6''
exclusion. 21 deg.5'4.8'' -157 deg.14'55.2''
16........................... Kaunakakai Harbor, Molokai 4 21 deg.5'13.9'' -157 deg.1'35.7''
exclusion. 21 deg.4'49.2'' -157 deg.1'58.3''
21 deg.4'38.5'' -157 deg.1'41.2''
21 deg.5'7.4'' -157 deg.1'15.0''
17........................... Kaumalapau Harbor, Lanai 2 20 deg.47'9.2'' -156 deg.59'32.2''
exclusion. 20 deg.47'1.1'' -156 deg.59'31.3''
18........................... Manele Harbor, Lanai exclusion 2 20 deg.44'33.2'' -156 deg.53'12.9''
20 deg.44'35.2'' -156 deg.53'14.1''
19........................... Lahaina Harbor, Maui exclusion 2 20 deg.52'18.3'' -156 deg.40'45.0''
20 deg.52'18.8'' -156 deg.40'44.0''
20........................... Maalaea Harbor, Maui exclusion 2 20 deg.47'32.1'' -156 deg.30'35.0''
20 deg.47'24.8'' -156 deg.30'39.6''
21........................... Western closure Kuapa Pond 2 21 deg.17'7.0'' -157 deg.43'7.7''
(Hawaii Kai), Oahu. 21 deg.17'6.5'' -157 deg.43'7.0''
22........................... Eastern closure Kuapa Pond 2 21 deg.16'53.3'' -157 deg.42'42.7''
(Hawaii Kai), Oahu. 21 deg.16'51.9'' -157 deg.42'40.3''
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[FR Doc. 99-29967 Filed 11-26-99; 8:45 am]
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