[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''
----------------------------------------------------------------------------------------------------------------

[FR Doc. 99-29967 Filed 11-26-99; 8:45 am]
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