special management considerations relative to the waters 

 between the 10- and 20-fathom isobaths. 



The Commission, in consultation with its Committee of 

 Scientific Advisors, reviewed the Service's letter and 

 related documents, and, by letter of 26 September 1986, 

 advised the Service that it considered the proposed 10-fathom 

 designation inappropriate because: (a) available information 

 is sufficient to conclude that feeding in areas deeper than 

 10 fathoms is essential to the continued existence of the 

 Hawaiian monk seal; (b) the Service appeared to have 

 misinterpreted the statutory requirement regarding special 

 management considerations and protection needs; (c) the 

 Service overlooked a number of special management 

 considerations and protection needs that already exist or may 

 arise within the 20-fathom contour; and (d) the Service did 

 not advise interested parties prior to announcing its final 

 decision that the selection of the 10-fathom isobath contour 

 was based on its perception that special management consider- 

 ations and protection needs did not exist between the 10- and 

 20-fathom contours. 



For the reasons noted, the Commission recommended that 

 the Service: (a) re-open the critical habitat designation 

 decision for public comment to consider the need for 

 extending designated boundaries beyond 10 fathoms; (b) issue 

 a specific request for public and agency comments on the 

 special management considerations and protection needs that 

 may be required within the boundaries of each alternative 

 designation; and (c) extend the critical habitat designation 

 out to the 2 0-fathom contour, as recommended previously by 

 the Commission, the Hawaiian Monk Seal Recovery Team, and 

 others. By the end of 1986, the Service had not responded 

 either to the Commission's 26 September letter or to the 

 lawsuit filed by environmental groups and others. The 

 Commission, therefore, re-addressed a number of these points 

 in its letter of 23 December 1986 to the Service (see below) . 



As has been discussed in previous Annual Reports, the 

 Fish and Wildlife Service completed a draft Master Plan for 

 Management of the Hawaiian Islands National Wildlife Refuge 

 in 1984. The Commission, in consultation with its Committee 

 of Scientific Advisors, reviewed the draft Plan and provided 

 comments to the Service on 3 November 1984. In its letter, 

 the Commission questioned, among other things, whether the 

 proposed use of Tern Island as a support site for expanded 

 fisheries in the area was compatible with other, higher 

 priority Refuge objectives, such as protecting endangered and 

 threatened species. In addition, the Commission recommended 

 that, if it had not already done so, the Service initiate 

 consultations with the National Marine Fisheries Service 

 under section 7 of the Endangered Species Act on its proposed 



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