Proposed Papahānaumokuākea National Marine Sanctuary: FAQs
Q: Why does this area need additional protection?
A: Designation as a national marine sanctuary would supplement and complement the efforts of the state of Hawaiʻi and other federal agencies to conserve the nationally significant ecosystems and cultural resources of this area. The ecosystems are increasingly under pressure from threats such as marine debris, invasive species, and climate change. The national marine sanctuary designation would provide additional protections to safeguard resources in the marine portions of Papahānaumokuākea Marine National Monument.
The sanctuary designation would also provide the first set of implementing regulations for directives outlined in Presidential Proclamation 9478 for the Monument Expansion Area, a critical step in implementing and enforcing the protections within this directive.
Q: What are the final steps in the sanctuary designation process?
A: The next steps are as follows:
- On December 13, 2024, NOAA announced the release of the final environmental impact statement for the proposed Papahānaumokuākea National Marine Sanctuary designation in the Federal Register. This is a significant step in the sanctuary designation process, with a final agency decision expected early in 2025. The final environmental impact statement provides decision-makers and the public with an evaluation of the effects of the proposed action to designate Papahānaumokuākea as a national marine sanctuary.
- NOAA would make a final decision on whether or not to designate the sanctuary, and, if so, the agency will release the final regulations and Record of Decision. This action starts a review period for the governor of Hawaiʻi and Congress. They have 45 days of continuous congressional session to review the documents under the National Marine Sanctuaries Act before the designation becomes effective.
- A Federal Register notice announcing the effective date for the designation will be published after the 45-day review period ends for Congress and the governor of Hawaiʻi. The sanctuary designation will be final on this effective date. At this time, NOAA estimates the sanctuary's effective date will be in early 2025.
Q: Would the proposed sanctuary designation change the area's current status as a marine national monument?
A: No, the proposed Papahānaumokuākea National Marine Sanctuary would not change the area's status as a marine national monument. The proposed sanctuary would only add to, and would not diminish, Monument management measures and protections. Through sanctuary designation, NOAA is proposing to supplement and complement existing management of the area and would manage the sanctuary in close collaboration with Monument co-trustees.
Q: What does NOAA mean when stating that the proposed sanctuary would "supplement and complement" the Monument?
A: NOAA's Office of National Marine Sanctuaries would be able to enhance or fill gaps in critical management priorities through the adoption of a sanctuary management plan.The draft sanctuary management plan was developed in consultation with the State, U.S. Fish and Wildlife Service, and the Office of Hawaiian Affairs, and provides the framework, core elements, adaptive management strategies, and comprehensive suite of actions required to address resource management needs in the areas of resource protection, research and monitoring, cultural heritage, and outreach and education. This collaborative approach was followed to explicitly ensure concurrence of plans between the proposed sanctuary and the Monument.
The National Marine Sanctuaries Act's authorities and implementing regulations would also enhance resource protection by providing tools to increase regulatory compliance, ensure enforceability of protections, provide natural resource damage assessment authorities, and require interagency consultation on federal actions. The level of protection within the Monument would not be reduced by national marine sanctuary designation.
As the proposed sanctuary would overlap with the Monument, as well as two National Wildlife Refuges and a State marine refuge, the Office of National Marine Sanctuaries will work to implement their authority in a manner that adds to and does not diminish existing authorities in a manner that strengthens existing protections and management.
Q: Would the proposed national marine sanctuary include all of the existing monument area?
A: The proposed sanctuary designation would only include the marine portions of the existing Papahānaumokuākea Marine National Monument.
Q: Why has NOAA chosen the boundary shown in the map?
A: NOAA's chosen boundary for the sanctuary is coextensive with the marine portions of the Monument. The boundary includes the marine environment surrounding the Northwestern Hawaiian Islands from the shoreline of the islands and atolls seaward to 200 nautical miles, including all State waters and waters of the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, Midway Atoll and Hawaiian Islands national wildlife refuges, and State of Hawaiʻi Northwestern Hawaiian Islands Marine Refuge. This alternative includes all shallow-water coral reef habitats most vulnerable to both human and natural threats, including impacts from marine debris, invasive species, and climate change. As the entirety of Papahānaumokuākea is sacred to Kānaka ʻOiwi, this alternative ensures that values of Native Hawaiian culture are considered.
Q: NOAA is proposing that the sanctuary be co-managed with the state of Hawaiʻi. Would NOAA coordinate with the other Monument co-trustees (U.S. Fish and Wildlife Service and the Office of Hawaiian Affairs) in managing the area?
A: In recognizing the State of Hawaiʻi, NOAA did not intend to exclude the other Monument co-trustees (U.S. Fish and Wildlife Service and the Office of Hawaiian Affairs). To the contrary, partnerships with other federal and state agencies with overlapping jurisdiction is critical to the success of the National Marine Sanctuary System. In the proposed regulations, NOAA was trying to explain the specific statutory role that states may have in cooperatively managing a sanctuary if all or part of the proposed sanctuary is within the territorial limits of any State. NOAA will clarify this intent should the designation advance to a final rule and will also work with Monument co-managers to update agreements as appropriate.
Q: Will sanctuary designation change the co-management structure of the monument?
A: No, the co-management structure of the Monument will not change. NOAA's Office of National Marine Sanctuaries has been a key partner and co-managing agency in the management of Papahānaumokuākea since the initial designation of the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve in 2000. The Office of National Marine Sanctuaries will continue to work collaboratively with the Papahānaumokuākea Monument Management Board to conduct, support and promote research, characterization and long term monitoring of marine ecosystems and species, and cultural and maritime heritage resources of Papahānaumokuākea.
Q: Will NOAA co-manage the sanctuary with the Native Hawaiian Community?
A: The Native Hawaiian community is a critical part of the co-management structure of the Monument through the Office of Hawaiian Affairs. The Memorandum of Agreement that incorporates the Office of Hawaiian Affairs as a Monument co-trustee would continue to serve as the guiding document on the integration of the national marine sanctuary into the Monument co-management structure.
Q: How will the Native Hawaiian community be involved in sanctuary stewardship if designated?
A: If designated, NOAA's Office of National Marine Sanctuaries will continue to be an active partner with the Monument, and will actively engage with the Papahānaumokuākea Native Hawaiian Cultural Working Group (CWG), who have been actively engaged in caring for these islands and waters as the Native Hawaiian community voice for the past 22 years, providing advice to the Monument Management Board through the Monument co-manager and co-trustee, the Office of Hawaiian Affairs. The CWG is composed of Native Hawaiian kūpuna, researchers, cultural practitioners, educators, and community members with deep connections and historical ties to Papahānaumokuākea. Through more than a decade of consultation with Native Hawaiian communities, specifically the CWG, and the managing agencies, Mai Ka Pō Mai, was published as a historical guidance document that uses traditional concepts and cultural traditions related to Papahānaumokuākea in its structure to guide co-management. Mai Ka Pō Mai is part of the framework of the sanctuary management plan woven throughout all sanctuary goals.
The sanctuary would have a Native Hawaiian program specialist on staff to directly engage with the Native Hawaiian community. The sanctuary's education team will focus education and outreach materials to specifically involve the Native Hawaiian community across the islands. The Sanctuary Advisory Council would also include Native Hawaiian seats.
Sanctuary status will also allow NOAA to advance joint collaborative projects with Native Hawaiian organizations and others to enhance understanding and conservation of cultural values to advance sanctuary management.
Q: Will commercial fishing be allowed in the proposed sanctuary?
A: No. Commercial fishing is prohibited in the entirety of Papahānaumokuākea Marine National Monument, including the Monument Expansion Area through Presidential Proclamations 8031 and 9478. The commercial fishing prohibition would not be changed by national marine sanctuary designation.
Q. Will sustenance fishing be allowed in the proposed sanctuary?
A: Sustenance fishing is a type of fishing in which all catch is consumed within Papahānaumokuākea, and that is incidental to a permitted activity. Sustenance fishing is currently the only form of fishing that may be allowed in the original Monument (0 - 50 nmi). This will not change under the proposed sanctuary designation. NOAA is proposing to also allow sustenance fishing as a term or condition of a permit in the Outer Sanctuary Zone (i.e., Monument Expansion Area, 50 - 200 nmi).
Q: Aside from sustenance fishing, will other forms of non-commercial fishing be allowed in the proposed sanctuary?
A: In the Outer Sanctuary Zone (i.e., Monument Expansion Area, 50 - 200 nmi), NOAA is proposing that non-commercial fishing be prohibited unless conducted pursuant to a permit authorized under the Magnuson-Stevens Fishery Conservation and Management Act. This proposal is consistent with Presidential Proclamation 9478 which created the Monument Expansion Area. The Proclamation states that non-commercial fishing may be permitted as long as it is consistent with the care and management of the objects within the Monument Expansion Area, and provided that the fish harvested, either in whole or in part, cannot enter commerce through sale, barter, or trade, and that the resource is managed sustainably.
Q: Why does NOAA propose to exempt scientific exploration or research activities by or for the Secretary of Commerce and/or the Secretary of the Interior in the Outer Sanctuary Zone (i.e., Monument Expansion Area)?
A: This was a directive in Presidential Proclamation 9478. In preparing the proposed rule, NOAA adopted the management measures from the Presidential Proclamations that designated the Monument and Monument Expansion Area, and, in a few areas, added onto those measures for consistency in regulation and management across the proposed sanctuary.
Q: Where can the public comments and comment responses be found?
A: NOAA and the State of Hawaiʻi received 488 written comments, 61 oral comments, and 13,385 form letters, totaling 13,934 public comments received on the draft designation documents. All public comments, including meeting transcripts, are publicly accessible as posted at regulations.gov (docket #NOAA-NOS-2021-0114). Additionally, copies of all comments and a transcript of oral comments can be found in Appendix K of the final EIS.
All public comments were reviewed by NOAA and the State of Hawaiʻi and organized into 12 categories (sections A to L), resulting in 137 summarized substantive comments. A summary of these comments, including an acknowledgement of who provided the comment, and the corresponding responses from NOAA are provided in Appendix K of the final EIS.