anagement Plan Review
Summary of the
Draft Management Plan and
Draft Environmental Impact Statement
March 20, 2015
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
This document describes the federally-mandated review and update of the Hawaiian Islands Humpback
Whale National Marine Sanctuary Management Plan, which outlines a proposed shift to ecosystem-based
management supported by a new forward looking document of management activities, along with a suite
of sanctuary-wide and location-specific regulations designed to enhance protection of sanctuary
resources while limiting, to the extent possible, adverse impacts to the public. Additionally, up to five
boundary additions are proposed, the sum of which amounts to 235.2 square miles, or 17 percent of the
current size of the sanctuary.
Hawaiian Islands Humpback Whale National Marine Sanctuary Context
The Hawaiian Islands Humpback Whale National Marine Sanctuary (sanctuary) covers approximately
1,370 square miles of federal and state waters in the Hawaiian Islands. Congress designated the sanctuary
in 1992 through the Hawaiian Islands National Marine Sanctuary Act (HINMSA). The Act requires the
development of a comprehensive management plan with implementing regulations to govern the overall
management of the site and to protect sanctuary resources and qualities. As expressed by Congress in the
HINMSA, the purposes of the sanctuary are to (1) protect humpback whales and their habitat in the area
described in section 2305(b); (2) educate and interpret for the public the relationship of humpback whales
to the Hawaiian Islands marine environment; (3) manage human uses of the sanctuary consistent with the
Act and National Marine Sanctuaries Act (NMSA); and (4) provide for the identification of marine
resources and ecosystems of national significance for possible inclusion in the sanctuary.
The sanctuary is co-managed by the National Oceanic and
Atmospheric Administration (NOAA) and the State of
Hawaii (State) through a compact agreement that was
signed in 1998. NOAA and the State entered into an
intergovernmental Compact Agreement in 1998 for the
purpose of clarifying the relative jurisdiction, authority, and
conditions of the NOAA-State partnership for managing the
sanctuary. It clarifies the State's continuing authority and
jurisdiction over its State waters, submerged lands, and
other resources within the sanctuary. The agreement
establishes provisions with respect to NOAA's collaboration
with the State of Hawaii on sanctuary management issues Seale/HIHWNMS/NOAA Fisheries MMHSRP Permit #14682
and recognizes that no federal, state, or local title or authority to manage and regulate submerged lands,
resources, or activities, has been limited, conveyed or relinquished. The Compact Agreement states that
NOAA and the State will collaborate in the management of the sanctuary and its resources, and clarifies
that the sanctuary management plan will apply throughout the sanctuary, including the portion of the
sanctuary within the seaward boundary of the State. The Department of Land and Natural Resources
(DLNR) serves as the lead agency in administering the co-management of the sanctuary.
Management Plan Review Process
The sanctuary management plan was last updated in 2002. A sanctuary management plan is a site-specific
planning and management tool that describes the sanctuarys goals, objectives, guides future activities,
outlines staffing and budget needs, and sets priorities and performance measures for resource protection,
research and education programs. The NMSA requires the Office of National Marine Sanctuaries
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
(ONMS) to periodically review and evaluate the progress in implementing the management plan and
goals for each sanctuary, with special focus on the effectiveness of site-specific approaches and strategies.
ONMS must revise management plans and regulations as necessary to fulfill the purposes and policies of
the NMSA (16 U.S.C. §1434(e)) to ensure that sanctuary sites continue to best conserve, protect, and
enhance their nationally significant living and cultural resources.
Sanctuary management has been considering the need for a more comprehensive approach to marine
resource management in Hawaii for some time. The Hawaiian Islands National Marine Sanctuary Act
(HINMSA) expressly states that the sanctuary will provide for the identification of marine resources and
ecosystems of national significance for possible inclusion in the sanctuary (Section 2304(b)). During the
2002 management plan review (MPR), the sanctuary received comments from the general public
requesting that the sanctuary consider the conservation and management of marine resources in addition
to humpback whales and their habitat. In response, sanctuary management included a goal in the 2002
management plan to identify and evaluate resources and ecosystems for possible inclusion in the
sanctuary (HIHWNMS Management Plan 2002). This updated management plan is designed to address
all of these factors and through the management plan review process to inform (and be informed by)
sanctuary constituents regarding the sanctuary, its accomplishments to date, and its revised goals,
objectives and planned management actions.
The process to develop the sanctuary draft management plan
proposed in this document began in the summer of 2010 when
the sanctuary initiated a 90-day public scoping process.
During that time, sanctuary management conducted a series of
public meetings to solicit feedback from the public about how
to proceed with management. In total, several hundred
community members, stakeholders, and agency
representatives attended ten public scoping meetings held on
the islands of Hawaii, Oahu, Kauai, Maui, Molokai, and
LƗnai. Individuals and stakeholders who were unable to
attend the public scoping meetings also had the opportunity to
submit written comments online or in writing.
A total of 12,375 public submissions were submitted to the sanctuary by agencies, organizations, elected
officials and community members. The sanctuary advisory council (council) reviewed the public scoping
comments and established working groups to further examine priority issues. The working groups were
made up of council members, community and user group representatives, and technical experts. The
working groups produced reports that overwhelmingly illustrated the need for a more holistic approach to
managing marine resources within the sanctuary. The Ecosystem Protections Recommendation Report,
developed by the Ecosystem Protections working group, specifically recommended ecosystem-based
management as an appropriate approach to effectively managing the marine environment. The Native
Hawaiian Culture Recommendation Report, developed by the Native Hawaiian working group, provided
guidance about integrating traditional Native Hawaiian management perspectives into an ecosystem-based
management framework. The activities described in the draft management plan reflect these
recommendations and describe how the sanctuary proposes to transition from single-species management
of humpback whales to an ecosystem-based management approach.
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
Structure of the Draft Management Plan and Draft Environmental Impact Statement
This document summarizes the draft management plan (DMP) and a draft environmental impact
statement (DEIS). The DEIS evaluates the potential environmental, cultural and socioeconomic impacts
of the proposed sanctuary actions, including: changing the name from Hawaiian Islands Humpback Whale
National Marine Sanctuary to Hawaiian Islands National Marine Sanctuary - NƗ Kai Ewalu, expanding
sanctuary boundaries, revising sanctuary regulations and implementing new sanctuary action plans. The
DEIS has been prepared in accordance with the National Environmental Policy Act of 1969, as amended
(NEPA), 42 U.S.C. § 4321 et seq., its implementing regulations (40 C.F.R. § 1500-1508), and NOAAs
implementing procedures for NEPA (NAO 216-6). Below is a summary of each of the major sections of
the combined DMP/DEIS.
Section 1 (Introduction) of the document explains the components and function of the draft management
plan and draft environmental impact statement, and points to the NEPA required sections.
Section 2 (Background) provides overviews of the sanctuary, the National Marine Sanctuary System,
DLNR, and the sanctuary advisory council. It also describes the mandate of the ONMS under the National
Marine Sanctuaries Act.
Section 3 (Sanctuary Management Plan Review) describes the process undertaken to produce the
management plan proposed in the DMP/DEIS. This section describes the history of considering a more
holistic approach to resource management in the sanctuary, beginning with assessing additional resources
in the sanctuary, followed by workshops and briefings with the sanctuary advisory council, staff and the
public. A public scoping process was initiated by the sanctuary in 2010 and over 12,000 comments were
received. Based on the priority issues identified from that feedback, the sanctuary organized workshops
that lead to the development of the action plans presented in the DMP/DEIS.
Section 4 (Purpose and Need) articulates the reasoning for the sanctuarys proposed transition to
ecosystem-based management. This section defines ecosystem-based management and how its application
in the sanctuary could benefit marine resources in Hawaii, honoring the legacy of native Hawaiian
stewardship. The section also includes the purpose that drives the proposed action, which includes the
sanctuarys vision, mission, values, guiding principles and goals. These elements were inspired by the
findings of the Visioning Workshop conducted with the sanctuary advisory council and sanctuary staff.
Section 5 (Site Description) details the physical attributes of the Hawaiian archipelago, including the
geology, geomorphology/bathymetry, oceanography, ocean chemistry, meteorology and climatology. This
general information provides context for the description, in the following section, of the aspects of the
environment that could be affected by the proposed action.
Section 6 (Affected Environment) provides a description of biophysical and human environments in
Hawaii as subtext to the management plan, as well as context for understanding how each of the
alternatives may affect those environments. The description of the biophysical environment of Hawaii
includes habitat types, marine species, protected marine species, and water quality, as well as a summary
of the current threats to the biophysical environment. The description of the human environment
encompasses economic, social, cultural, and historical aspects of the population in Hawaii, both resident
and visitor alike, including human uses of the marine environment. The description of the institutional
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
environment in Hawaii provides context for how the sanctuary operates amongst other state and federal
agencies. The current roles of sanctuary staff, and the facilities that the sanctuary operates, are all
described in the subsection on operational environment.
Section 7 (Site Specific Affected Environment) details the environments, both human and biophysical,
within and adjacent to specific locations proposed for inclusion in the sanctuary or for which site-specific
actions are proposed. The biophysical environment of each specific location is detailed, including habitats
and marine species, along with the threats to marine resources. The cultural and historic significance of
the area, along with current human uses of the marine environment, are included to provide context for
the local human environment. Institutions with particular management objectives in the area are described
to explain how sanctuary actions will complement current management. The areas detailed in this section
are Niihau, Haena, Hanalei and PƯlaa on Kauai, Alii Beach and Maunalua Bay on Oahu, Penguin
Bank off Molokai and the Maui Nui area. The information in this section is used to analyze the potential
consequences (see Section 9) of the proposed actions (see Section 8).
Section 8 (Proposed Action and Alternatives) describes a suite of alternatives, each of which describes a
differing set of proposed boundary additions, new and revised regulations, and non-regulatory actions
(see Table 1).
The section explains how the ONMS and sanctuary superintendent developed these alternatives. In
addition, the section describes alternatives considered, but eliminated, and explains the reasons for such
eliminations. Alternatives analyzed herein include the following (summarized in brief):
Alternative 1 – Status Quo
x Continued operation under the 2002 Management Plan
x Existing regulations protecting humpback whales and their habitats
x Existing sanctuary boundaries
Alternative 2
x Five boundary changes:
o Establishing new sanctuary boundaries around Niihau
o Extending boundary to Alii Beach on the North Shore of Oahu
o Aligning boundary with the ahupuaa of Haena on Kauai
o Aligning boundary with the ahupuaa of PƯlaa on Kauai
o Extending the boundary around the ledges on the south end of Penguin Bank
x Revised management plan with an ecosystem-based approach (see Section 10)
x New and revised regulations
o Sanctuary name changed to Hawaiian Islands National Marine Sanctuary NƗ Kai Ewalu
o Revision of existing sanctuary-wide regulations (see explanation below)
o New sanctuary-wide regulation prohibiting the disturbance of submerged cultural and maritime
heritage resource
o New Special Sanctuary Management Area regulations (see explanation below) apply to Penguin
Bank and Maui Nui
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
Alternative 3 (preferred alternative)
x Same boundary changes as under Alternative 2
x Same revised management plan as Alternative 2
x Same new and revised regulations as Alternative 2, plus
o New Special Sanctuary Management Area regulations apply to Maunalua Bay in addition to
Penguin Bank and the Maui Nui Area
Alternative 4
x Same boundary changes as under Alternatives 2 and 3, plus
o Extending boundary 1.5 miles up the Hanalei River on Kauai
x Same revised management plan as Alternative 2 and 3
x Same new and revised regulations as Alternative 2 and 3, plus
o New Special Sanctuary Management Area regulations apply sanctuary-wide
Regulations
Revised New
Boundarylternative Sanctuary- Sanctuary- Special Sanctuary Management Area
changes
Wide Wide Regulations
Regulations Regulations
1 Status Quo – none of the above boundary changes or regulations apply.
Ni‘ihau
North Shore,
O‘ahu Sanctuary- Sanctuary- Penguin Bank/
2
Ha‘ena, Kaua‘i wide wide Maui Nui
PƯla‘a, Kaua‘i
Penguin Bank
Ni‘ihau
North Shore,
3 O‘ahu Sanctuary- Sanctuary-
Penguin Bank/ Maui Nui and Maunalua
(Preferred) Ha‘ena, Kaua‘i wide wide
PƯla‘a, Kaua‘i
Penguin Bank
Ni‘ihau
North Shore O‘ahu
Ha‘ena, Kaua‘i Sanctuary- Sanctuary-
4 Sanctuary-wide
PƯla‘a, Kaua‘i wide wide
Penguin Bank
Hanalei, Kaua‘i
Table 1. Comparison of Proposed Alternatives and Preferred Alternative (Alternative 3).
Special Sanctuary Management Area regulations, which apply to differing areas in Alternatives 2, 3 and
4, include prohibitions against: (1) taking or possessing marine species in addition to humpback whales;
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
(2) discharging from within the sanctuary; (3) discharging from outside the sanctuary anything that enters
and injures a sanctuary resource; (4) altering submerged lands; (5) using explosives; (6) introducing non-
native species; and (7) damaging or destroying signs.
The revisions to the current sanctuary-wide regulations, proposed under Alternative 2, 3 and 4, include:
(1) the approach regulation would be clarified and articulated; (2) the two regulations prohibiting the
taking and possession of humpback whales would be combined into one regulation; (3) the prohibition
against discharge in the sanctuary would be removed as the current language provides no real regulatory
authority to the sanctuary to directly address this issue; (4) the prohibition against discharging from
outside the sanctuary anything that enters and injures a sanctuary resource would be removed as the
current language provides no real regulatory authority to the sanctuary to directly address this issue; (5)
the prohibition on altering submerged lands would be removed as the current language provides no real
regulatory authority to the sanctuary to directly address this issue; and (6) authority to issue sanctuary
permits and authorizations would be added.
The sanctuary proposes four boundary changes under Alternatives 2, 3, and 4 including extending the
western sanctuary boundary on the north shore of Oahu to include Alii Beach Park, extending the
sanctuary eastern and western boundaries on the north shore of Kauai to include the PƯlaa ahupuaa and
the HƗena ahupuaa, and establishing new sanctuary boundaries around NIihau. In addition, Alternative
4 proposes to incorporate the estuarine waters of the Hanalei River into the sanctuary on the north shore
of Kauai.
Figure 1. Proposed boundary changes for the Hawaiian Islands National Marine Sanctuary.
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
Section 9 (Environmental Consequences) provides a summary of potential impacts of the proposed
alternatives on the natural and human environment in comparison to the baseline of No Action. The
impact analysis for each of the alternatives occurs on three levels: (1) the set of actions proposed for each
of the alternatives; (2) the physical, biological, and cultural resources and human uses impacted by those
actions; and (3) the specific locations where these impacts occur. A discussion of the factors used to
determine the significance of direct and indirect impacts (pursuant to 40 C.F.R. § 1508.8 section 5.1.2) is
included.
Alternative 1 upholds the status quo therefore has no new environmental impacts, positive or negative.
Each subsequent alternative has increasingly beneficial impacts to the biophysical environment due to the
increased area proposed for inclusion in the sanctuary and increased protection by regulatory and non-
regulatory actions. As such, Alternative 4 offers the most benefits to biological and physical resources. In
the summary below of environmental consequences of proposed actions, the impacts of regulatory and
non-regulatory action, both positive and negative, increase in each subsequent alternative due to the
increasing size of the sanctuary as a whole and the regulated Special Sanctuary Management Areas
therein.
Given the ecosystem-based management approach adopted in developing the proposed management plan
and regulations, many aspects of the marine ecosystems within the sanctuary should benefit from these
actions. For example, through water quality monitoring and restoration activities proposed in the Water
Quality Protection Action Plan along with the proposed discharge regulation, water quality should see a
significant benefit. Management activities outlined in actions plans, such as Understanding and
Managing Species and Habitats and Resilience to a Changing Climate, should benefit marine species and
habitats. The application of Special Sanctuary Management Area regulations, including the prohibition of
taking and possessing special marine species, altering submerged lands, discharging, using explosives,
and introducing non-native species, marine species and habitats in the sanctuary should benefit from
increased protections.
Most aspects of the human environment in the sanctuary should benefit from the proposed actions through
the conservation of cultural, historic and natural resources. The proposed regulatory and non-regulatory
ecosystem-based management actions should provide economic benefits by preserving a healthy
ecosystem, which is more valuable than an unhealthy one to both ocean users and non-users. Cultural and
maritime heritage resources should benefit both from the proposed regulation prohibiting disturbance of
these resources, as well as the non-regulatory actions proposed in the Living and Evolving Cultural
Traditions and Maritime Heritage Action Plans. Human activities that depend on healthy marine
resources, such as fishing, recreation and tourism, should also benefit from the proposed regulatory and
non-regulatory ecosystem-based management actions. Legal fishing activities will not be negatively
impacted by the prohibitions against altering submerged lands and discharging in the sanctuary due to
exceptions to those prohibitions. Education, research and monitoring efforts should benefit from the
support and opportunities provided in Ocean Literacy and Understanding and Managing Species and
Habitats Action Plans. Human health and safety in the sanctuary and adjacent areas would benefit from
the protections outlined in the Emergency Preparedness and Damage Assessment Action Plan.
Section 10 (Action Plans) presents sixteen action plans designed to guide sanctuary management over the
next five to ten years in transitioning to ecosystem-based management and achieving the sanctuary vision,
mission and goals outlined in the DMP/DEIS. This section explains how the action plans were developed
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
based on public comments and working group recommendations. Each action plan begins with an
overview, which explains the issues their activities aim to address, and a desired future outcome attained
through the plans activities. An output is defined for each activity and performance measures based on
these outputs are designed to guide the sanctuarys accomplishment of the plans. Sanctuary staff
developed budgets for the execution of each plan over the next five years. Table 2 lists the sixteen action
plans by thematic area, along with the desired future outcome that the sanctuary seeks to attain through
implementing the plan.
Action Plan Desired Outcomemplementing Ecosystem Protection
Understanding and A resilient marine ecosystem able to respond to and recover from change, that
Managing Species and supports sustainable ecosystem functions and services, and healthy populations of
Habitats biologically, culturally, and economically significant marine species and habitats.
Resilience to a A climate resilient sanctuary maintained through innovative management approaches
Changing Climate and supported by an informed public.
Water quality standards and levels of compliance that support healthy ecosystems,
Water Quality Protection habitats and marine resources, as well as human activities that are compatible with
resource protection.
Perpetuating Cultural Heritage
Ho‘ohawai‘i: foster the uniqueness of Hawai‘i through the understanding of both
Living and Evolving historical and contemporary local knowledge about coastal and marine environments,
Cultural Traditions and the perpetuation of customary environmental practices and principles within the
sanctuary.
NOAA, the State of Hawai‘i, partner agencies, businesses and local communities are
engaged in the identification and appreciation of maritime heritage resources in
Maritime Heritage
Hawai‘i to effectively preserve these resources for the benefit of current and future
generations.
Transitioning Towards Sustainability
Informed and empowered human communities that are actively engaged in dialogues
Community Partnerships and initiatives to facilitate an integrated management approach that perpetuates a
healthy co-existence between humans and the marine environment.
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
Action Plan Desired Outcome
An ocean literate public with increased awareness, knowledge and appreciation of
Ocean Literacy natural and cultural marine resources in order to promote and enhance ocean
stewardship.
Vibrant coastal communities and economies that promote the sustainable use of the
Sustainable Use
marine environment.
Sanctuary Focus Areas
The preservation of healthy coastal and marine ecosystems, and the rich cultural
Niihau
history of Ni‘ihau.
A replicable model for applying both traditional Hawaiian and western science-based
PƯla‘a management practices to restore the health of nearshore ecosystems in the PƯla‘a
ahupua࣬a.
Establish a research area in the waters of the MƗދalaea area of Maui island to better
Southern Maui Nui
understand and improve water quality.
The community’s kuleana of Maunalua Bay characterized by healthy coral reef and
Maunalua Bay sea grass habitats, abundant coral reef marine life and high water quality standards is
achieved by caring for this place with future generations in mind.
Ensuring Management Effectiveness
Effective and well-planned operations, human resources and adequate physical
Operational Foundation
infrastructure to support effective management of the sanctuary.
A high level of compliance achieved through the adherence to sanctuary regulations,
Compliance and
guidelines, and best practices resulting in increased protection of the marine
Enforcement
environment within the sanctuary.
Emergency Increased protection of sanctuary resources from both natural hazards and human-
Preparedness and caused incidents or injuries, through coordinated emergency response and damage
Damage Assessment assessment.
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov
A performance evaluation framework to continually gauge the sanctuary’s progress in Assessing Progress meeting its management goals and objectives
Table 2. Action plans grouped in thematic areas with desired outcomes.
The DMP/DEIS includes twelve appendices: Appendix A lists relevant protected species in Hawaii;
Appendix B lists cultural sites occur within or adjacent to the sanctuary; Appendix C describes military
activities in Hawaii; Appendix D details the proposed sanctuary regulations; Appendix E describes the
proposed new regulations, permits and authorization; Appendix F includes other authorities in Hawaii
who regulate the same activities the sanctuary proposes to regulate; Appendix G lists State of Hawaii
DLNR marine bottom ecosystem classifications; Appendix H lists agencies receiving copies of the
DMP/DEIS; Appendix I lists acronyms used in the document and their meaning; Appendix J lists
Hawaiian terms used in the document and their English translations; Appendix K defines technical words
used in the document; Appendix L is the sanctuary designation document; Appendix M lists credits for
images used in the document.
It should be noted that a separate rulemaking package will be proposed in the Federal Register to request
public comment on the proposed changes to the sanctuarys regulations under the proposed action.
Descriptions of these potential regulatory changes appear in Section 8; and the environmental
consequences of these regulatory changes are analyzed in Section 9.
A notice will be published in the Federal Register to alert the public of both the availability of the joint
DMP/DEIS as well as the opening of a public comment period. Written public comments can be
submitted via e-mail, fax, phone or letter. Oral public comments can be submitted at any of the several
public hearings that ONMS will hold in the state. For more information on these public hearings or on
how to submit public comments, in addition to all the documents developed for the management plan
review, please visit the sanctuarys management plan website at:
Hawaiian Islands Humpback Whale National Marine Sanctuary is jointly managed by the
National Oceanic and Atmospheric Administration and the State of Hawaiދi.
http://hawaiihumpbackwhale.noaa.gov