Proposed national marine sanctuary designation in the Pacific Remote Islands - Frequently Asked Questions

Would the proposed sanctuary designation change the protections or size of the existing Pacific Islands Heritage Marine National Monument?

  • The current level of protection for the Pacific Islands Heritage Marine National Monument would not be reduced if the area were to also be designated as a national marine sanctuary.
  • The proposed national marine sanctuary designation would add additional protections to complement existing protections and further safeguard the natural, cultural, and maritime heritage resources in the marine portions of the Pacific Islands Heritage Marine National Monument.
  • The proposed sanctuary may also include the submerged lands and waters beyond the boundary of the existing monument area around Howland and Baker Islands, Kingman Reef, and Palmyra Atoll to the full extent of the U.S. Exclusive Economic Zone. It would not include the land areas of the monument above the mean high tide line.
  • The maximum total area of the proposed sanctuary would be approximately 770,000 square miles, which is about 275,000 square miles larger than the existing monument.

Would sanctuary designation change the co-management structure of the monument?

Sanctuary designation would not change the existing management structure of the Pacific Islands Heritage Marine National Monument, which is co-managed by the U.S. Fish and Wildlife Service and NOAA. Should a sanctuary be designated, NOAA’s Office of National Marine Sanctuaries would work closely with the U.S. Fish and Wildlife Service to coordinate management activities between the monument and the sanctuary.

Why is NOAA considering additional protection for this area?

  • The Memorandum on Conserving the Natural and Cultural Heritage of the Pacific Remote Islands directs NOAA to consider designating a national marine sanctuary "to provide the most comprehensive and lasting protections to the significant natural and cultural resources of the submerged lands and waters surrounding the seven islands, atolls, and reefs of the Pacific Remote Islands Marine National Monument – both within and outside the Monument boundary, to the full extent of the seaward limit of the United States Exclusive Economic Zone (EEZ) — including marine life, shoals, seamounts, reefs, banks, and sediments high in minerals and sequestered carbon dioxide for the benefit of present and future generations."
  • Designation of this area as a national marine sanctuary would complement the efforts of the U.S. Fish and Wildlife Service and NOAA to conserve the nationally significant ecosystems and cultural resources of this area.
  • The proposed national marine sanctuary designation would add additional protections to complement existing protections and further safeguard the natural, cultural, and maritime heritage resources in the marine portions of the Pacific Islands Heritage Marine National Monument.
  • The proposed sanctuary may also include the submerged lands and waters outside the boundary of the existing monument to include the submerged lands and waters around Howland and Baker Islands, Kingman Reef, and Palmyra Atoll to the full extent of the U.S. Exclusive Economic Zone, an area of about 274,811 square miles.
  • The ecosystems in this region are increasingly under pressure from threats such as marine debris, invasive species, and climate change.

What is another benefit a national marine sanctuary would provide?

NOAA's Office of National Marine Sanctuaries offers extensive and innovative education, outreach, interpretation, research and monitoring opportunities pursuant to the National Marine Sanctuaries Act. If a sanctuary is designated in the Pacific Remote Islands, NOAA would establish a sanctuary advisory council that would allow federal, state and territorial agencies, Pacific Island cultural practitioners and other stakeholders to provide advice and recommendations to NOAA about the management of the sanctuary.

How would sanctuary designation impact recreational use of this area?

NOAA can't answer this question at this stage of the designation process. In designated sanctuaries, NOAA continues to allow responsible recreational uses but may use regulatory or non-regulatory means to ensure that such use has minimal impact on the sanctuary resources. For example, a sanctuary may have regulations that limit "taking, harassing or harming" wildlife, and use other non-regulatory means, such as education and outreach, to encourage the public to responsibly view wildlife.

What are existing recreational restrictions in the monument?

Public entry into the islands is by special-use permit from the U.S. Fish and Wildlife Service, and is generally restricted to scientists and educators.

Non-commercial fishing in the Pacific Islands Heritage Marine National Monument is prohibited, except as authorized under a permit issued pursuant to 50 CFR 665, subpart H. A vessel used to fish non-commercially in the monument must be registered to a valid permit issued under 50 CFR 665, subpart H. Customary exchange is prohibited for fish taken under both the non-commercial and recreational charter fishing permits.

Is commercial fishing currently allowed in the monument?

Commercial fishing is prohibited in the Pacific Islands Heritage Marine National Monument.

How does the national marine sanctuary designation process affect fisheries management?

  • National marine sanctuaries conserve marine species and ecosystems while promoting compatible uses, and have a long history of working with recreational and commercial fishermen and the eight U.S. Regional Fishery Management Councils established under the Magnuson–Stevens Fishery Conservation and Management Act.
  • Pursuant to section 304(a)(5) of the National Marine Sanctuaries Act, NOAA provides the appropriate Council with the opportunity to propose any draft fishing regulations it may deem necessary to fulfill the purposes and policies of the NMSA and the goals and objectives of the proposed designation. This opportunity creates a process for NOAA to leverage and learn from the Council’s expertise and familiarity with the resources and the fishing activities in the region.
  • NOAA's decision to reject or accept a Council's recommendation is determined on a case-by-case basis. NOAA may use the National Marine Sanctuaries Act, the Magnuson–Stevens Fishery Conservation and Management Act, or both, as appropriate, to promulgate and implement any regulations recommended by the Council or otherwise address fishery management requirements.
  • NOAA will accept the Council's recommended fishing regulations (including a recommendation that no additional fishing regulations are necessary) and, as appropriate, issue them as proposed regulations unless NOAA determines that the recommendation does not fulfill the purposes and policies of the National Marine Sanctuaries Act and the goals and objectives of the proposed sanctuary.
  • Outside of the section 304(a)(5) process, the Council will continue to manage fishing within a national marine sanctuary under the Magnuson–Stevens Fishery Conservation and Management Act, provided that such management is consistent with applicable sanctuary regulations.

Why did NOAA initiate the sanctuary designation process?

The Pacific Remote Islands Coalition, based in Hawaii, submitted a national marine sanctuary nomination March 11, 2023 to NOAA through NOAA’s Sanctuary Nomination Process. On March 24, 2023, the President issued a Memorandum on Conserving the Natural and Cultural Heritage of the Pacific Remote Islands in which he directed the Secretary of Commerce to consider initiating the designation process for a proposed national marine sanctuary in the Pacific Remote Islands area. That same day, the Commerce Department directed NOAA to initiate a process to consider designating all U.S. waters around the Pacific Remote Islands as a national marine sanctuary. NOAA's Office of National Marine Sanctuaries is moving forward with the process to consider the designation of a national marine sanctuary in the Pacific Remote Islands.

What is the process for designating a national marine sanctuary?

The process to designate a sanctuary is highly public and participatory, and may take several years to complete. The national marine sanctuary designation process consists of the following steps:

  1. Scoping -- NOAA publishes a Notice of Intent in the Federal Register announcing its intent to consider designating a national marine sanctuary, including the initiation of the the scoping process to ask the public for input on potential boundaries, resources that could be protected, and other issues or information NOAA should consider in preparation of a draft environmental impact statement.
  2. Sanctuary Proposal Development -- NOAA assesses input received during the scoping period. NOAA will prepare draft designation documents, including a draft management plan, a draft environmental impact statement and proposed regulations. NOAA may also form an advisory council to help inform the proposal and focus stakeholder participation.
  3. Sanctuary Proposal Release and Public Review -- NOAA encourages the public to review and comment on the draft environmental impact statement, draft management plan, and proposed rule. NOAA will consider all input received during public meetings and in writing through the public comment process;

  4. Sanctuary Designation -- NOAA will make a final decision on whether to designate the site as a national marine sanctuary. If NOAA decides to designate a sanctuary, it will publish in the Federal Register a notifice of the designation together with final regulations to implement the designation. NOAA would also advise the public of the availability of the final management and final environmental impact statement.

    Before the designation becomes effective, Congress would have the opportunity to review the final designation documents. If the sanctuary is located partially or entirely within the seaward boundary of any State, the affected Governor certifies to the Secretary of Commerce whether the designation and its terms are acceptable. If the designation or any of its terms are unacceptable, the designation or unacceptable term shall not take effect in the area of the sanctuary lying within the seaward boundary of the State.

What comments are being considered during the initial scoping period?

While NOAA asked the public to comment on all matters relevant to the proposed designation of a national marine sanctuary in the Pacific Remote Islands in the Notice of Intent it issued in the Federal Register on April 17, 2023, NOAA specifically requested comments on the following topics:

  • the spatial extent of the proposed sanctuary, and boundary alternatives NOAA should consider;
  • the location, nature, and value of resources that would be protected by a sanctuary;
  • specific threats to these resources;
  • the regulatory framework most appropriate for management of the proposed sanctuary;
  • the non-regulatory actions NOAA should prioritize within its draft management plan for the proposed sanctuary;
  • the potential socioeconomic, cultural, and biological impacts of sanctuary designation;
  • information regarding historic properties in the entire area under consideration for a sanctuary designation and the potential effects to those historic properties; and
  • other information relevant to the designation and management of a national marine sanctuary.

Will NOAA analyze alternatives related to the sanctuary designation?

As required by the National Environmental Policy Act (NEPA), NOAA will analyze a reasonable range of alternatives. A range of alternatives includes all reasonable alternatives, which must be rigorously explored and objectively evaluated, as well as those other alternatives that are eliminated from detailed study with a brief discussion of the reasons for eliminating them. What constitutes a reasonable range of alternatives depends on the nature of the proposal and the facts in each case. NOAA is currently developing alternatives, including the no action alternative. These alternatives, including the agency’s preferred alternative, if one or more exists, will be fully analyzed in the draft environmental impact statement. After the draft environmental impact statement is released next year, NOAA will seek public comments.