Sanctuary Designation

The National Marine Sanctuary Program (NMSP) has begun the process to designate the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve (Reserve) as a National Marine Sanctuary under the National Marine Sanctuaries Act (NMSA).

The Sanctuary designation process includes: (see details below)

1) Public Scoping
2) Issue Characterization
3) Development of an Environmental Impact Statement and Management Plan (EIS/MP)

Public scoping meetings were held in the spring of 2002. From 2003 - 2004 the Reserve, working with its advisory council and interagency partners developed a vision, mission, principles, goals, and objectives for the proposed sanctuary. Also completed in 2004 and submitted to the Western Pacific Fishery Management Council was a document offering guidance and recommendations regarding the preparation of draft fishing regulations for the proposed sanctuary. For more information on this process, click here.

Currently, the Reserve is working on an analysis of public comment received throughout the public scoping process and other public forums and meetings, and is developing a draft management plan using the Reserve Operations Plan as a foundation. The management plan is part of a draft environmental impact statement (EIS) that is near completion. This document will include a range of sanctuary management alternatives, which will be analyzed, including an impact analysis of each alternative.

Sanctuary Designation Timeline

1. The Draft Environmental Impact Statement (DEIS) will be released for public comment no later than June, 2006.
2. Public hearings on the DEIS will be held in late June/early July of 2006.
3. The Final Environmental Impact Statement will be released in late fall of 2006.
4. Final designation will occur in spring of 2007.

Answers to commonly raised questions about the proposed designation for the Northwestern Hawaiian Islands are provided below.

Questions and answers about Sanctuary Designation

1. What is a National Marine Sanctuary?
2. Why is a National Marine Sanctuary being proposed for this region?
3. What is the sanctuary designation process?
4. How can I learn more about the public scoping process?
5. How long will the sanctuary designation process take?
6. Are there any benefits of a sanctuary versus the Reserve?
7. What will happen to the Reserve if a sanctuary is designated?
8. What kinds of sanctuary management alternatives will be considered?
9. What is the “no action” alternative?
10. Will State waters be considered for inclusion during the sanctuary designation process?
11. Will the waters surrounding Midway Atoll and the Hawaiian Islands National Wildlife Refuges be considered for inclusion during the sanctuary designation process?
12. Will the current Reserve Preservation Areas remain in place and carry the same conservation measures and prohibitions?
13. How will the sanctuary designation process carry out the supplement or complement standards as directed by the Executive Orders?
14. If a designated Sanctuary contains provisions that differ from those of the Reserve, how can it still supplement or complement the NWHI Reserve, as directed by the EO?
15. How can NOAA propose a Sanctuary (or any alternative in the draft EIS) that is inconsistent with the Executive Order? Don't all agencies, including NOAA, have to comply with a standing EO?
16. What happens if the designation process is not completed by October 1, 2005?
17. Will the current Reserve Advisory Council become the Sanctuary Advisory Council if a Sanctuary is designated?
18. How will a vision, mission, principles, goals, and objectives statement be used in the designation process?
19. How will fishing regulations be developed for the proposed sanctuary?
20. Why is the National Marine Sanctuary Program even discussing fisheries that are currently closed (like lobster and precious coral) during the fishing discussing groups that are already closed by the Executive Orders?
21. How can I be involved?
22. Who do I contact for more information?

1. What is a National Marine Sanctuary?

National marine sanctuaries are designated under the National Marine Sanctuaries Act to provide authority for comprehensive and coordinated conservation and management of special areas of the marine environment in a manner which complements existing regulatory authorities. With resource protection as the primary objective, sanctuaries support, coordinate, and promote scientific research in these areas, as well as enhance public awareness, understanding, appreciation and wise sustainable use of marine resources. Currently there are 13 national marine sanctuaries, from Massachusetts to American Samoa. Each sanctuary has its own management plan and separate operating budget. However, all 13 sites are operated as system so that individual sites can draw on the strengths and experiences of others. The annual appropriation of funds from Congress is allocated from the headquarters office in Washington DC. The sanctuary program's fiscal year 2003 budget was $43.4 million. The National Marine Sanctuary Program (NMSP) is a federal program created by Congress in 1972 to protect marine areas of special “national, and in some instances, international” significance.

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2. Why is a National Marine Sanctuary being proposed for this region?

The National Marine Sanctuaries Amendments Act of 2000 (NMSAA) and Executive Order 13178 as modified by 13196 (EO) established the current Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve (Reserve). The EO and NMSAA specifically direct the Secretary of Commerce to initiate the process to designate the Reserve as a National Marine Sanctuary.

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3. What is the sanctuary designation process?

The National Marine Sanctuaries Amendments Act of 2000 and the Executive Orders 13178 and 13196 require NOAA to initiate the process to designate the Reserve as a National Marine Sanctuary with the advice and recommendations of the Reserve Advisory Council (RAC). This process to designate a national marine sanctuary is governed by the National Marine Sanctuaries Act which provides the procedures and process which must be followed in a designation. The primary purpose of the proposed designation is to conserve, protect, and enhance the biodiversity, ecological integrity, and historic and cultural legacy of the NWHI marine ecosystems. This will be done by working in close cooperation with federal, state, and local officials, the Reserve Advisory Council, and the public.

The sanctuary designation process includes:

1) Public Scoping: Scoping is the initial phase of the designation process and is designed to solicit input from user and interest groups, members of the public, and agencies on what they see as management priorities; the scope of issues to be addressed, and the significant issues related to the proposed designation. This phase includes holding public scoping meetings. Scoping helps provide needed information to develop alternatives for the draft Environmental Impact Statement (EIS) and draft management plan for the proposed sanctuary.

2) Issue Characterization: Since scoping meetings were held, the National Marine Sanctuary Program (NMSP) has reviewed all comments and worked with its partner agencies, the Reserve Advisory Council, and the public to understand and characterize issues. Action plans are being developed as part of the draft management plan to address the priority management issues. The Reserve Operations Plan, which was approved in January 2005, will guide Reserve operations and also provides a foundation for the draft management plan.

3) Management Plan Development: As part of the draft environmental impact statement, a draft management plan is being developed for the proposed sanctuary and will be issued for public comment together with the DEIS. The NMSP will take oral and written comments and host a series of public hearings on the draft plan. Comments will be reviewed and necessary changes made to the plan before issuing a final environmental impact statement and management plan.

Information gathered from public scoping, the final Reserve Operations Plan, Reserve Advisory Council, as well as other sources of public and agency comments have been used to generate an outline of priority management needs related to the NWHI marine ecosystem, and strategies to address these needs. The management needs and strategies help formulate management alternatives and will form the basis for a DEIS/DMP for the Sanctuary. In addition, under a provision of the NMSA Section 304(a)(5), a series of discussions were held, and fishing recommendations were provided to the Western Pacific Fishery Management Council in order to prepare draft fishing regulations for the proposed Sanctuary. (you can download these recommendations here) Issue characterization and the development of a draft management plan are being conducted concurrently.

Once completed, the DEIS/DMP and proposed regulations for the sanctuary will be released for public review and comment. These documents will also be submitted to Congress for review. NOAA will respond to public comments received during the comment period as part of its preparation of a final environmental impact statement and management plan (FEIS/FMP). Thirty days or more after issuance of the FEIS/FMP, NOAA will publish final regulations for the sanctuary designation. The final designation would then become effective after a 45-day Congressional review period, during which the Governor of Hawaii could object to the designation or to any term of the designation. If the Governor objects, such designation or term will not take effect in State waters.

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4. How can I learn more about the public scoping process?

Ten public scoping meetings took place between April 9, 2002 and August 6, 2002 to solicit information and comments on the range and significance of issues related to the designation and management of a Northwestern Hawaiian Islands National Marine Sanctuary. Over 13,000 comments were received in total, 1,600 comments at public meetings, and 11,500 via letter, fax and e-mail.

The input received from these meetings, and other public forums and meetings throughout the designation process, has assisted NOAA in formulating alternatives for a DEIS/DMP for the proposed designation. Click here to see the public meeting comments submitted during the scoping process.

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5. How long will the sanctuary designation process take?

The Reserve is currently undergoing a public process to be designated as a national marine sanctuary. A draft management plan and environmental impact statement are being developed targeting completion by early 2006, followed by a public comment period, including public hearings to be held statewide and in Washington DC. These documents will also be submitted to Congress for review. NOAA will respond to public comments received during the comment period as part of its preparation of a final environmental impact statement and management plan (FEIS/FMP). Thirty days or more after issuance of the FEIS/FMP, NOAA will publish final regulations for the sanctuary designation. The final designation would then become effective after a 45-day Congressional review period.

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6. Are there any benefits of a Sanctuary versus the Reserve?

The National Marine Sanctuary Program is an established program, with more than 25 years of experience. Sanctuary designation brings with it future secured funding, a well established infrastructure with over 200 employees throughout the Program, established education, science, research and resource protection programs, and a network of thirteen additional sanctuaries that comprise the National Marine Sanctuary System. The Reserve has authorized funding only through fiscal year 2005 (i.e., through September 30, 2005). Additionally, the designation process will be able to consider inclusion of State and Federal waters that are not currently in the Reserve, enabling more comprehensive and coordinated management for the area.

Importantly, a sanctuary would have regulations and more robust enforcement capabilities, based on the legal authorities provided by the National Marine Sanctuaries Act. The Reserve, which was established by Executive Order, can easily be amended, changed, or revoked by any future President. Changes to an approved national marine sanctuary management plan, however, require an entire new public process. Overall, a sanctuary is a more established means for marine protection, in terms of enforcement, education, research and monitoring, and funding. The designation process provides the opportunity to evaluate future management needs of the region while identifying the most effective methods for interagency coordination.

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7. What will happen to the Reserve if a Sanctuary is designated?

While it is premature to determine what will happen to the Reserve until a decision has been made about the proposed sanctuary through the designation process, the National Marine Sanctuaries Amendments Act of 2000 contemplates that the Reserve is a measure designed to provide immediate protection of the area until a sanctuary is designated. As such, it is likely that designation of a sanctuary would likely supersede the EO that created the Reserve. The EO and a sanctuary could also be reconciled and there are several ways that this could occur. A new EO could be issued amending the earlier EO to make them consistent with the sanctuary, or the original EO could be repealed.

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8. What kinds of Sanctuary management alternatives will be considered?

The NMSP anticipates that a number of sanctuary alternatives will be developed. One of these could include simply changing the existing Reserve into a national marine sanctuary along with implementing regulations. Other alternatives may incorporate the provisions of the existing Reserve, but expand them geographically to include additional federal or state waters and/or reflect varying degrees of protection. Once this range of reasonable alternatives has been identified, a preferred alternative will be selected and the entire range will be released for public comment as part of the DEIS.

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9. What is the “no action” alternative?

NEPA requires that the EIS analyze a reasonable range of management alternatives leading to the selection of a preferred alternative. Further, NEPA requires that a “no action” alternative be considered in the EIS. “No action” is often the “status quo”. In the case of the Northwestern Hawaiian Islands, the “No Action” alternative will be the NWHI Coral Reef Reserve, under Executive Orders 13178 and 13196, as implemented by the Reserve Operations Plan.

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10. Will State waters be considered for inclusion during the sanctuary designation process?

Yes. State waters will be included in at least on of the proposed alternatives. However, any inclusion of State waters in a final designation is voluntary, on the part of the State. The National Marine Sanctuaries Act provides the Governor with the opportunity to object to the designation of State waters.

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11. Will the waters surrounding Midway Atoll and the Hawaiian Islands National Wildlife Refuges be considered for inclusion during the sanctuary designation process?

Yes. These Federal waters will be considered in one or more of the proposed sanctuary alternatives. The Department of Interior and the Department of Commerce will consult on a final decision about their inclusion.

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12. Will the current Reserve Preservation Areas remain in place and carry the same conservation measures and prohibitions?

Currently there are 15 Reserve Preservation Areas (RPA) in place, five (5) which are entirely closed to fishing and 10 which allow some fishing. These RPAs contain prohibitions on activities such as touching or taking of living or dead coral and/or discharging any material except cooling water or engine exhaust in the RPAs that are allowed in the rest of the Reserve. The Western Pacific Fishery Management Council was provided the opportunity to prepare draft National Marine Sanctuaries Act fishing regulations for the proposed sanctuary (see Question 19). NOAA will make the final determination on whether any changes should be made to these areas in the proposed sanctuary after receiving input from partner agencies, the Reserve Advisory Council, and the public, as part of the development and selection of the preferred alternative in the draft EIS. Such changes could include the addition of new RPAs, expansion of current RPAs, or eliminating current RPAs if the best available science provides justification for such changes. .

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13. How will the sanctuary designation process carry out the supplement or complement standards as directed by the Executive Orders?

Executive Orders 13178 and 13196 provide that in designating a Sanctuary, the Secretary of Commerce (Secretary) shall supplement or complement the Reserve. This direction to the Secretary must be applied consistent with the requirements of the National Marine Sanctuaries Act (NMSA). The NMSA mandates a designation procedure that includes development of an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). Under NEPA, the NMSP (on behalf of the Secretary) is legally required to consider a reasonable range of alternatives in the EIS. These alternatives will include management strategies that differ from those of the Reserve. Consequently, while the NMSP is not bound to end up with the exact measures that are in place for the Reserve, the suite of measures ultimately adopted in the sanctuary must provide long-term, comprehensive protection and conservation of the marine resources of the NWHI, and thereby supplement or complement the Reserve.

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14. If a designated Sanctuary contains provisions that differ from those of the Reserve, how can it still supplement or complement the NWHI Reserve, as directed by the EO?

While it is premature to speculate, the sanctuary designation process follows the National Marine Sanctuaries Act and the National Environmental Policy Act which require NOAA to take a broad and comprehensive review of the existing authorities, resources and uses in addition to other factors. As a result, new or additional information gathered during the designation process may result in a sanctuary that is different in some ways from the existing Reserve. Despite the potential differences, a sanctuary still must result in the long-term, comprehensive protection and conservation of the marine resources of the NWHI, and thereby supplement or complement the Reserve.

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15. How can NOAA propose a Sanctuary (or any alternative in the draft EIS) that is inconsistent with the Executive Order? Don't all agencies, including NOAA, have to comply with a standing EO?

All agencies must comply with the implementation of the EO, including NOAA. As an example, NOAA must make sure that Reserve operations are consistent with the EO. However, the National Marine Sanctuary Amendments Act of 2000 provides that once the President establishes a coral reef ecosystem reserve in the NWHI, the Secretary of Commerce will initiate the process to designate the reserve as a national marine sanctuary under the National Marine Sanctuaries Act. The Amendments Act contemplates that the EO provided authority for immediate protection of the area pending completion of the sanctuary designation process. Thus, NOAA can analyze, and propose a sanctuary that has different management measures than the EO, as long as the sanctuary proposal provides long-lasting protection consistent with them.

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16. What happens if the designation process is not completed by October 1, 2005?

Congressional authorization of appropriations for Reserve funding originally expired on October 1, 2005. However, the sanctuary designation process has not yet been completed. The National Marine Sanctuaries Amendments Act of 2000 states that a review of the management of the Reserve shall be conducted. A review was conducted, and the NMSP worked with NOAA leadership, Congress and the Administration to allocate funding for the continued operation of the Reserve.

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17. Will the current Reserve Advisory Council become the Sanctuary Advisory Council if a Sanctuary is designated?

Yes. Executive Orders 13178 and 13196 (EO) that created the Reserve state that the Secretary of Commerce (Secretary), in designating and managing the sanctuary, shall consider the advice and recommendations of the Reserve Advisory Council (RAC). In many ways the RAC is already dealing with issues related to the proposed National Marine Sanctuary. For example, the RAC has assisted in the development of the Reserve Operations Plan (ROP). This plan will form a large part of the foundation for all the sanctuary management alternatives suggested in the Environmental impact statement (EIS), which is developed under the National Environmental Policy Act (NEPA) to guide the designation process. Should a Sanctuary be designated, the Reserve Advisory Council would become the Sanctuary Advisory Council. To ensure consistent public representation throughout the designation process, the NMSP will retain the members of the RAC on the Sanctuary Advisory Council, following their appointed terms.

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18. How will a vision, mission, principles, goals, and objectives statement be used in the designation process?

The NMSP, with the advice of the Reserve Advisory Council, and input from partner agencies and the public, developed a vision, mission, principles, goals, and objectives statement between July 2003 and August 2004. The statement serves as a guide throughout the designation process, and beyond, should a sanctuary be designated. Different sections of this document serve different purposes. The vision, mission and principles provide overarching guidance for management. The goals are statements of what the sanctuary will strive to achieve, and the objectives describe specific management endpoints that the NMSP will pursue in their daily operations.

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19. How will fishing regulations be developed for the proposed sanctuary?

Pursuant to section 304(a)(5) of the National Marine Sanctuaries Act, the Western Pacific Fishery Management Council (WPFMC) was given the opportunity to prepare draft sanctuary regulations for fishing within the Exclusive Economic Zone as the Council may deem necessary to implement the proposed designation. These draft regulations must be consistent and compatible with the goals and objective of the proposed designation.

NMSP recommendations for fishing were provided to WPFMC on September 20, 2004, providing them 120 days as specified by law. These recommendations were developed based on a year-long effort to draft reports, conduct research, review relevant literature, conduct interviews, and consolidate information. A part of this effort included a series of fishing discussion groups, held by Sustainable Resources Group Int. in 2003. These discussion groups brought together more than 50 participants from government agencies, Reserve Advisory Council, fishing, research, Native Hawaiian communities, and NGOs to assess fishing activity in the region.

You can download the recommendations document here (large document, pdf format, 4 MB). Please note that there are 8 large (11" x 17") maps in the pdf document and in order to print the document correctly you will need to set the Page Scaling Option under the Print menu in Adobe Acrobat to "Shrink Large Pages."

On April 14, the Western Pacific Fishery Management Council submitted their recommended draft fishing regulations for the proposed NWHI national marine sanctuary to NOAA, the NMSP and the Reserve. Pdfs of the document titled “Recommendation of the Western Pacific Regional Fishery Management Council Regarding the Management of Fisheries Within the Proposed Northwestern Hawaiian Islands National Marine Sanctuary,” including supporting documentation, is posted online at http://www.wpcouncil.org.

After careful and thorough review, NOAA found the Recommendation did not fulfill the purposes and policies of the NMSA, and the goals and objectives of the proposed NWHI sanctuary. NOAA is developing a range of Draft Environmental Impact Statement alternatives, including alternatives that would enable WPFMC to continue to recommend management measures for commercial bottomfish/pelagic fishing in the NWHI under the Magnuson-Stevens Fishery Conservation and Management Act consistent with the goals and objectives of the proposed sanctuary.

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20. Why is the National Marine Sanctuary Program even discussing fisheries that are currently closed (like lobster and precious coral) during the fishing discussing groups that are already closed by the EOs?

Why is the National Marine Sanctuary Program even discussing fisheries that are currently closed (like lobster and precious coral) during the fishing discussing groups that are already closed by the Executive Orders?

As with the current Reserve Preservation Areas, decisions on allowable fishing activities will be made as part of the development and selection of the preferred alternative. Sanctuary designation purposes, policies and standards require NOAA to take a broad and comprehensive review of the existing authorities, resources and uses in addition to other factors. As a result, new or additional information gathered during the designation process may result in a sanctuary that is different from the Reserve, but must still result in the long-term, comprehensive protection and conservation of the marine resources of the NWHI.

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21. How can I be involved?

Get informed and get involved in determining the future of the Northwestern Hawaiian Islands through this website:

• Join the Reserve’s announcement list serve to receive e-updates
• Attend public presentations about the NWHI
• Arrange a presentation to your community group
• Attend Reserve Advisory Council meetings
• Attend statewide public hearings once the DEIS/DMP are released for comment

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22. Who do I contact for more information?

For more information about the Northwestern Hawaiian islands, the sanctuary designation process, or how you can become involved, continue to browse this website, or contact the Reserve office at (808) 397-2660.

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