Papahānaumokuākea Marine National Monument

Papahānaumokuākea Marine National Monument — established by Presidential Proclamation 8031 (June 15, 2006) under the Antiquities Act and expanded in 2016 — encompasses the Northwestern Hawaiian Islands and surrounding ocean waters, covering approximately 582,578 square miles, making it one of the largest marine protected areas in the world. The monument protects a remote archipelago of atolls, coral reefs, seamounts, and submerged banks stretching 1,200 miles northwest of Honolulu, home to Hawaiian monk seals, green sea turtles, black-footed albatrosses, Laysan albatrosses, and more than 7,000 marine species — including many found nowhere else on Earth. The regulations governing access and activities are at 50 CFR Part 404, jointly implemented by the U.S. Fish and Wildlife Service and NOAA.

Legal Authority

• Antiquities Act (54 U.S.C. § 320301, formerly 16 U.S.C. § 431) — Presidential Proclamation 8031 (June 15, 2006) established the monument; Proclamation 9478 (August 26, 2016) expanded it to ~582,578 square miles; the Antiquities Act provides the underlying presidential authority
• 16 U.S.C. §§ 1361, 1531, 1801, 668dd — Marine Mammal Protection Act, Endangered Species Act, Magnuson-Stevens Fishery Conservation Act, and National Wildlife Refuge System Administration Act all apply to monument resources; FWS and NOAA jointly administer
• 50 CFR Part 404 — Joint FWS/NOAA implementing regulation; establishes the permit-based access restriction, prohibited activities (no permit available), regulated activities (permit required), commercial fishing phase-out and prohibition after June 15, 2011, VMS requirements, and special management zones around Laysan Island and Lisianski Island

Key Mechanics

Papahānaumokuākea Marine National Monument (~582,578 square miles) is jointly managed by the U.S. Fish and Wildlife Service and NOAA under 50 CFR Part 404. The core management framework is access restriction: entering the monument is prohibited except under a valid permit, innocent passage through, or emergency/law enforcement exception. Vessels of 300+ gross tons passing through must report to NOAA electronically. Prohibited activities with no permit option include oil, gas, and mineral exploration; using poisons or explosives to collect marine life; introducing invasive species; and anchoring on coral. Regulated activities requiring a permit include removing or disturbing any monument resource, drilling, flying below 1,000 feet, and operating within 0.5 nautical miles of Laysan or Lisianski Islands. All permitted vessels must carry and operate an OLE-approved vessel monitoring system (VMS) at all times. Commercial fishing was phased out: lobster fishing was always prohibited (zero annual limit); commercial bottomfish and pelagic fishing by existing permit holders ended permanently on June 15, 2011. Permits may be issued for scientific research, education, conservation, Native Hawaiian cultural practices, and special ocean use (tourism, recreation) if the Secretaries determine adequate safeguards exist and overall detrimental effects are avoided.

Current Rule (2026)

What This Rule Does

The Part 404 regulations put the monument's Antiquities Act proclamation into operational law. The monument is managed by the Papahanaumokuakea Marine National Monument office, jointly administered by FWS and NOAA with the State of Hawaii. The core management framework is access restriction — entering the monument is prohibited except under a permit or during innocent passage — combined with a comprehensive ban on extractive activities and resource removal.

The monument includes some of the most ecologically significant and least disturbed coral reef ecosystems on Earth, as well as the French Frigate Shoals (a critical green sea turtle and monk seal habitat), Midway Atoll (site of the 1942 Battle of Midway, now a National Wildlife Refuge), and Laysan Island (home to the world's largest Laysan albatross colony). Because of its remoteness and protective status, Papahānaumokuākea provides a baseline ecosystem reference point for studying coral reef health and climate change impacts.

Key Provisions

• § 404.1 — Scope: regulations implement Presidential Proclamation 8031 and govern all activities in the Northwestern Hawaiian Islands Marine National Monument; FWS and NOAA implement jointly; State of Hawaii jurisdiction is not enlarged or diminished
• § 404.2 — Boundary: the monument consists of all U.S. lands, emergent and submerged, within the boundaries established by the Proclamation; the outer boundary is defined by geodetic coordinates from the Proclamation
• § 404.4 — Access restrictions: entering the monument is prohibited and unlawful unless: (1) passing through without interruption (innocent passage) subject to reporting requirements; (2) pursuant to an emergency or law enforcement exception; or (3) pursuant to a valid permit under §§ 404.10–404.11; vessels of 300 gross tons or greater passing through must report via ship reporting system to nwhi.notifications@noaa.gov
• § 404.5 — Vessel monitoring system (VMS): any permitted vessel must carry an OLE-approved (NOAA Office of Law Enforcement) VMS; the VMS must be operating at all times within the monument; operators may not interfere with, disable, or tamper with the VMS
• § 404.6 — Prohibited activities (no permit available): oil, gas, and mineral exploration or production; use of poisons, electrical charges, or explosives to collect or harvest marine life; introduction of invasive/exotic species; anchoring on live or dead coral with anchor chain or rope
• § 404.7 — Regulated activities (permit required): removing, moving, taking, harvesting, possessing, injuring, or damaging any living or nonliving monument resource; drilling, dredging, or altering submerged lands; anchoring a vessel (except as allowed); discharging any material into Special Preservation Areas or the Midway Atoll Special Management Area; flying aircraft below 1,000 feet above the monument; operating a vessel within 0.5 nautical miles of Laysan Island or Lisianski Island (monk seal and albatross protection zones)
• § 404.8 — Emergency exception: all prohibitions yield to emergency activities necessary to protect life, property, or the environment, and to law enforcement activities
• § 404.9 — Armed Forces exception: DoD and Coast Guard activities consistent with applicable law are exempt; must minimize adverse impacts on monument resources; DoD must coordinate with the Secretaries in the event of incidents causing harm to monument resources
• § 404.10 — Commercial fishing: lobster fishing — zero annual harvest limit (effectively prohibited); commercial fishing for bottomfish and pelagic species was permitted through June 15, 2011 under existing permit holders with annual harvest limits (350,000 lb bottomfish, 180,000 lb pelagic); all commercial fishing for bottomfish and pelagic species is prohibited after June 15, 2011; subsistence fishing by permit may be allowed under certain circumstances
• § 404.11 — Permitting: permits may be issued for research furthering understanding of monument resources; educational activities; conservation and management assistance; Native Hawaiian cultural practices; special ocean use (tourism, recreation); the Secretaries may not issue a permit unless they find: adequate safeguards exist for monument resources, the activity will not result in overall detrimental effects, and a monitoring and reporting program is in place
• § 404.12 — International law: regulations apply in accordance with international law; foreign flag vessels are not subject to regulations unless consistent with international law

How It Affects You

If you are a commercial fisherman who previously held a permit to fish the Northwestern Hawaiian Islands, all commercial fishing in the monument area has been prohibited since June 15, 2011. The phase-out period provided some transition time for existing permit holders, but the monument status ultimately ended commercial fishing access to the area.

If you want to conduct research, education, or cultural activities in the monument, you must apply for a permit from the PMNM Permit Coordinator at the NOAA/Inouye Regional Center in Honolulu. Research activities, including coral reef monitoring, seabird counts, and Hawaiian monk seal surveys, are the most common permitted activities. Native Hawaiian practitioners may apply for permits allowing traditional cultural practices connected to the Northwestern Hawaiian Islands.

Vessels transiting through the monument must report their entry and movements via the ship reporting system and may not engage in any extractive activity. Any vessel permitted for access must carry a functioning VMS. The monument is actively patrolled by NOAA enforcement vessels.

Statutory Authority

This rule implements:

• Antiquities Act (formerly 16 U.S.C. § 431; recodified in 2014 at 54 U.S.C. § 320301) — Presidential authority to designate national monuments on federal lands and waters and to protect "objects of historic or scientific interest"
• 16 U.S.C. § 1361 et seq. (Marine Mammal Protection Act) — protection of Hawaiian monk seals and other marine mammals in monument waters
• 16 U.S.C. § 1531 et seq. (Endangered Species Act) — protection of threatened green sea turtles and Hawaiian monk seals
• 16 U.S.C. § 1801 et seq. (Magnuson-Stevens Fishery Conservation and Management Act) — fishery management authority in the EEZ surrounding the monument
• 16 U.S.C. § 668dd (National Wildlife Refuge System Administration Act) — FWS management authority for Midway Atoll, Laysan, Lisianski, and other Wildlife Refuge units within the monument

Recent Rulemakings

• 79 FR 44317 (July 2014) — Updated vessel monitoring system requirements and refined permit procedures for Native Hawaiian cultural practices
• 73 FR 73598 (Dec. 2008) — Updated regulations implementing the commercial fishing phase-out timeline and clarified Special Preservation Area boundaries
• 72 FR 5643 (Feb. 2007) and 71 FR 51135 (Aug. 2006) — Original implementing regulations under Presidential Proclamation 8031

Pending Action

• Trump EO 14276 (April 17, 2025) — marine monument review: Directed the Secretary of Commerce to review all marine national monuments within 180 days and recommend whether to open additional areas to commercial fishing. A companion proclamation immediately opened the Pacific Remote Islands Heritage Marine National Monument to commercial fishing (subsequently blocked by a U.S. District Court order in August 2025 pending litigation). The Western Pacific Regional Fishery Management Council voted in 2025 to recommend reopening Papahānaumokuākea to commercial fishing. As of mid-2026, the monument's fishing prohibitions remain in effect but are under review.