Hawaii FEP - Western Pacific Fishery Council

Public Fishing Areas, Marine Life Conservation Districts, and Marine Refuges) among othermeasures. Regulations governing fishing activities and harvest of marine resources can be foundin the Hawaii Revised Statutes, Title 13, Subtitle 4, Fisheries.9.3 U.S. Fish and Wildlife Refuges and UnitsThe USFWS has been given authority to manage National Wildlife Refuges (NWR) within theHawaii Archipelago.Executive Order 1019 reserved and set apart the islands reefs and atolls from Nihoa to KureAtoll, excluding Midway, “as a preserve and breeding ground for native birds” to beadministered by the Department of Agriculture. The Hawaiian Islands Reservation wastransferred to the Department of the Interior in 1939 and in 1940 renamed the Hawaiian IslandsNWR through Presidential Proclamation 2466, with control transferred to the USFWS.Midway Atoll NWR, established under Executive Order 13022 in 1996, is located in the NWHIand identifies a refuge boundary of approximately 12 miles seaward from the shoreline (the exactboundary is disputed). The Navy established a Naval Air Facility at Midway in 1941 and theUSFWS established an overlay refuge in 1988 to manage fish and wildlife on the atoll. Throughthe Base Alignment Closure Act of 1990, as amended, the Naval Air Facility closed in 993 andthe property was transferred to the USFWS in 1996 (USFWS 1999a). The mission of the refugeis to protect and restore biological diversity and historic resources of Midway Atoll, whileproviding opportunities for compatible recreational activities, education and scientific research(Shallenberger 2000). USFWS regulations governing access and uses within National WildlifeRefuges can be found in 50 CFR Part 32.In accordance with the MSA, any regulations proposed by the Council would be consistent withthe Act and any other applicable law. Currently, the Council recognizes state waters in theNWHI from 0-3 miles and asserts management authority over fishery resources in all federalwaters (3-200 miles), except at Midway where it asserts authority from 0-200 miles (Gillman2000).9.4 Northwestern Hawaiian Islands Coral Reef Ecosystem ReserveIn May 2000, then President Clinton issued a Memorandum to implement a U.S. Coral ReefTask Force recommendation and comprehensively protect the coral reef ecosystem of the NWHI.The Memorandum directed the Secretaries of Interior and Commerce, in cooperation with theState of Hawaii, and in consultation with the WPRFMC, to develop recommendations for a new,coordinated management regime to increase protection for the NWHI coral reef ecosystem andprovide for sustainable use. After considering their recommendations and comments receivedduring the public visioning process on this initiative, President Clinton issued Executive Order13178 on December 4, 2000, establishing the Northwestern Hawaiian Islands Coral ReefEcosystem Reserve, pursuant to the National Marine Sanctuaries Amendments Act of 2000(NMSA). The Executive Order was revised and finalized by Executive Order 13196, issuedJanuary 18, 2001. Pursuant to Executive Order 13178 and the NMSA, NOAA was initiating theprocess to designate the Reserve as a national marine sanctuary (66 FR 5509, January 19, 2001)237