MARINE MAMMAL COMMISSION — Annual Report for 1992 
the provisions of Title III of the Marine Protection, 
Research, and Sanctuaries Act. This Act authorizes 
the Secretary of Commerce to designate and manage 
marine sanctuaries to protect marine areas of national 
significance. Administration of this responsibility 
rests with the Sanctuaries and Reserves Division of 
the National Ocean Service, an agency of the National 
Oceanic and Atmospheric Administration. While 
various areas off Hawaii were considered during the 
1970s and 1980s, no sites were designated. 
In 1990 Congress directed the National Oceanic 
and Atmospheric Administration to conduct a study to 
assess the feasibility of establishing a national marine 
sanctuary in waters adjacent to the island of Kahoo- 
lawe and to determine the effect such a sanctuary 
would have on humpback whales. The Division 
subsequently consulted with Federal and State agen- 
cies, solicited comments from the public, and pre- 
pared a summary report, which it released in Decem- 
ber 1991. The report noted that biological, cultural, 
and historical resources adjacent to Kahoolawe merit- 
ed further investigation; additional marine areas in 
Hawaii merited further consideration for sanctuary 
Status; and the National Marine Sanctuary Program 
could enhance marine resource protection in Hawaii. 
In 1992 Congress considered legislation to amend 
the National Marine Sanctuary Program’s authorizing 
legislation. As a result of its deliberations, it passed 
the “National Marine Sanctuaries Program Amend- 
ments Act of 1992,” which was signed into law by the 
President on 4 November 1992. During its review, 
Congress examined the need for a marine sanctuary to 
protect humpback whales and their habitat in Hawaii. 
Based on its examination of the issue, including the 
findings set forth in the Division’s report, Congress 
included a provision in its amendments to designate 
the “Hawaiian Islands Humpback Whale National 
Marine Sanctuary.” 
The sanctuary boundaries designated by Congress 
include all waters within the 100-fathom (183-meter) 
isobath around the islands of Lanai, Maui, and Molo- 
kai, including Penguin Bank. Also included are the 
deeper waters between Molokai and Maui and the 
waters shallower than 100 fathoms off the Kilauea 
Point National Wildlife Refuge on the island of Kauai. 
Areas within three miles of Kahoolawe are excluded 
from the sanctuary at this time but will be added in 
January 1996 unless the Secretary of Commerce finds 
the area unsuitable for inclusion following an assess- 
ment of site resources and uses. 
The boundaries identified by Congress are subject 
to modification pending review and action by the 
Governor of Hawaii and the Secretary of Commerce. 
For example, if the Governor advises the Secretary 
within 45 days of the enactment date that he finds the 
designation of State waters unacceptable, State waters 
will be excluded from the sanctuary boundaries. As 
of the end of 1992, the 45-day period had nearly 
elapsed, and the Governor had not advised the Secre- 
tary of any finding of unacceptability. Also, when the 
Secretary issues the required draft environmental 
impact statement for the sanctuary, the proposed 
Management and regulatory scheme, including the 
boundaries, may be modified in consultation with the 
Governor. 
The purposes of the new sanctuary, as set forth in 
the Act, include protecting humpback whales and their 
habitat in the designated area; providing education and 
interpretation for the public on the relationship of 
humpback whales to the Hawaiian Islands’ marine 
environment; managing human activities consistent 
with the provisions of the Marine Protection, Re- 
search, and Sanctuaries Act; and identifying marine 
resources and ecosystems of national significance for 
possible inclusion within the sanctuary. 
To meet these purposes, the Act directs the Secre- 
tary to prepare, within 18 months of the enactment 
date, an environmental impact statement, a compre- 
hensive management plan, and regulations for the new 
sanctuary. Among other points, the plan must address 
actions to facilitate public and private uses consistent 
with the primary objective of protecting humpback 
whales and their habitat, enforce sanctuary rules, and 
establish a long-term ecological monitoring program 
with respect to the whales and their habitat. 
As of the end of 1992, it was the Commission’s 
understanding that the Sanctuaries and Reserves Divi- 
sion would be meeting with State officials early in 
1993 and would hold public scoping meetings by 
spring to help determine how best to proceed with 
regard to implementing the new sanctuary. 
