Feds Just Claimed 583,000 Square Miles of Pacific Ocean
Published Date: 1/16/2025
Rule
Summary
NOAA is officially protecting the huge Papahānaumokuākea National Marine Sanctuary, covering over 582,000 square miles around the Northwestern Hawaiian Islands. New rules will help keep its amazing wildlife, culture, and history safe. These changes kick in after a 45-day review by Congress starting January 16, 2025, with Hawaii’s governor able to weigh in on state waters.
Analyzed Economic Effects
8 provisions identified: 1 benefits, 3 costs, 4 mixed.
Commercial Fishing Subject to Regulation
NOAA lists commercial fishing as an activity that may be regulated or prohibited within the Papahānaumokuākea National Marine Sanctuary, which covers about 582,570 square miles. If you operate a commercial fishing business or vessel in this area, NOAA can require permits, set limits, or prohibit fishing to protect sanctuary resources.
Ban on Energy Development Activities
The regulations list 'exploring for, developing, or producing oil, gas, or minerals, or any energy development activities' as activities subject to regulation, including prohibition, within the sanctuary. If you are an energy developer, NOAA may prohibit those activities in the roughly 582,570 square mile sanctuary area.
Limits on Non-Commercial Fishing Exemption
NOAA allows a limited exemption for non-commercial fishing in the Outer Sanctuary Zone only when authorized under Magnuson-Stevens Act rules, but narrowed the exemption so it no longer permits touching coral, broad discharge exceptions, or anchoring. Fish taken under the exemption must not be intended to enter commerce or be sold for any purpose, including cost-recovery.
VMS and Ship Reporting Required for Permittees
Vessels issued a sanctuary general permit or special use permit must have a NOAA Office of Law Enforcement (OLE) type-approved vessel monitoring system (VMS) on board when operating in the sanctuary, and ship reporting requirements will include events like pollution incidents and goods lost overboard. NOAA also added explicit prohibitions on failing to comply with VMS and ship reporting rules.
Discharge, Anchoring, and Coral Protections
NOAA prohibits discharging or depositing material into the sanctuary (with specified exceptions like fish parts from lawful fishing), forbids anchoring on living or dead coral, and prohibits touching coral or attracting wildlife. These rules apply across the sanctuary to protect resources and are aligned with existing Monument rules and the Clean Water Act.
Emergency Temporary Regulations Possible
NOAA may issue immediate temporary regulations, including prohibitions, to prevent or minimize destruction of or imminent risk to sanctuary resources. These emergency actions can apply to any activities in the sanctuary where necessary to protect resources.
New Permit Categories for Native and Recreation Uses
NOAA establishes two sanctuary-specific general permit categories: (1) Native Hawaiian Practices and (2) Recreation. Permit issuance criteria are set in site-specific regulations and recreational permits may be limited to areas such as the Midway Atoll Special Management Area.
State Governor Can Block Terms in State Waters
During the 45-day Congressional review period beginning January 16, 2025, the Governor of the State of Hawaiʻi may certify to the Secretary of Commerce that the designation or any of its terms is unacceptable; if the Governor does so, the certification prevents those terms from taking effect in Hawaiʻi state waters of the sanctuary.
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