Questions and Answers

What is the Reserve

1. What is the NWHI Coral Reef Ecosystem Reserve and why was it created?
2. How will this Reserve interact with the Department of the Interior and the National Fish and Wildlife Refuges?

Importance of NWHI

1. Where are the Northwestern Hawaiian Islands (NWHI)?
2. What is so special about the NWHI?
3. What activities currently occur in the NWHI coral reef ecosystem?
4. What are the primary ecosystem threats for the NWHI?
5. What kinds of fishery pressures now exist?

Reserve Features

1. What is the size of the Reserve?
2. What is the area of coral reef habitat under federal jurisdiction within the Reserve?
3. What is the area of the Preservation Areas? How much of the Reserve is in the Preservation Areas?
4. Does this designation mean I can still take my boat out into the Reserve to dive?
5. How will this impact ecotourism?
6. Can the protections of the Reserve be overturned?

Reserve Operations Plan

1. What is the Reserve Operations Plan and when was it finalized?
2. What is the Reserve Council, how will it be selected, how will it operate?
3. What types of management actions will be put in place in the Reserve?
4. How will you enforce the management measures or other Reserve prohibitions?
5. How will a Reserve correct the problem of marine debris in the Hawaiian Islands?
6. How will this affect Native Hawaiians or the State of Hawaii?
7. How will the boundaries for the Reserve Preservation Areas (RPA) be determined?
8. Why have no regulations been promulgated for the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve?

Sanctuary Designation

Sanctuary Designation FAQs can be found here.

Fishing Issues

1. What is the relationship between the Reserve and existing Fishery Management Plans?
2. How much of the Reserve will be closed to all fishing?
3. Will a Reserve affect the existing fishing industry in NWHI?
4. Why cap current fishing efforts?
5. Who will manage fisheries within the Reserve?
6. What is the status of the development of fishing caps for the Reserve?

More Information

1. Who do I contact for more information?

1. What is the NWHI Coral Reef Ecosystem Reserve and why was it created?

The Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve was established by Executive Order in December 2000 and January 2001. It was established to conserve and protect the coral reef ecosystem and related natural and cultural resources of the area.

Coral reefs are in trouble all over the world. They are being degraded and destroyed at rapid rates by the warming of the ocean, pollution, overfishing and a host of other factors. The Secretaries of Commerce and Interior worked cooperatively with the State of Hawaii to develop recommendations of a new coordinated management regime to increase protection of the coral reefs in the NWHI. Upon consideration of the recommendations resulting from interagency discussions and public input provided through a series of visioning sessions, the NWHI Coral Reef Ecosystem Reserve was created with the intention of bringing together state and federal agencies to help address the global reef crisis by protecting this national treasure for future generations.

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2. How will this Reserve interact with the Department of the Interior and the National Fish and Wildlife Refuges?

The Executive Order directs the Secretary of Commerce to work with the Department of the Interior and the State of Hawaii to develop a memorandum of agreement (MOA) for coordinated conservation and management of the Reserve, the Midway Atoll and Hawaiian Islands National Wildlife Refuges, and state waters and submerged lands. Where the Reserve overlaps the Hawaiian Islands National Wildlife Refuge, the Reserve shall be managed to supplement and complement the refuge. It is expected that cooperative effort will look beyond jurisdictional boundaries and ensure viability of the region's collective resources for generations to come.

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1. Where are the Northwestern Hawaiian Islands?

The Northwestern Hawaiian Islands are a chain of small islands, atolls, submerged banks, and reefs beginning approximately 120 nautical miles west of the main Hawaiian islands, and stretching northwest for more than 1,100 nautical miles or 2,000 kilometers. This vast archipelago is uninhabited (except for Midway Island) and is surrounded by some of the most extensive and healthy coral reefs in U.S. waters. The coral reefs are part of a unique marine ecosystem found nowhere else on Earth. The reefs and related ecosystems include a diverse variety of habitats extending from the archipelago's shorelines to approximately 50 nautical miles offshore, and to depths of 100 fathoms (183 meters).
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2. What is so special about the NWHI?

The healthiest and least disturbed coral reefs in U.S. waters are found in the NWHI. The NWHI ecosystem includes approximately 13,000 square kilometers or 3,600 square nautical miles of coral reefs with a diverse and unique assemblage of fish, invertebrates, birds, sea turtles, marine mammals and other species. The Northwestern Hawaiian Islands include a much greater diversity of reef habitats than the main Hawaiian Islands, and are home to a variety of federally protected species, including the threatened green sea turtle, seabirds, and the only remaining population of the endangered Hawaiian monk seal.

The Northwestern Hawaiian Islands provide vital habitat for a variety of migratory species, including several species of marine mammals (e.g., spotted dolphins, humpback whales), sea turtles, and over 14 million seabirds that use the ecosystems for nesting, feeding and raising young.

Numerous archaeological artifacts found on several of the islands establish a close relationship with the Hawaiian culture, with evidence of both prehistoric seasonal and permanent settlements, as well as use of the area for religious purposes. Some of the religious sites resemble those found elsewhere in the Marquesas and Tahiti, possibly indicating a link to early Polynesian cultures. The more recent history of the islands is one of both commercial and military usage for a range of purposes, from pearling and fishing to guano mining, which wrought significant changes in topography, flora and fauna. This area is also the site of one of the oldest National Wildlife Refuges, the Hawaiian Islands National Wildlife Refuge, designated in 1909 by President Theodore Roosevelt.

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3. What activities currently occur in the NWHI coral reef ecosystem?

One fishery (bottomfish) is currently active in federal waters of the NWHI; two additional Fishery Management Plans for crustaceans (lobster) and precious corals, that are not currently active. There is also some recreational fishing in the area. Federal and state agencies conduct a variety of other activities, such as research, monitoring and enforcement, and education to fulfill their management responsibilities for federal and state resources, including the Midway Atoll and Hawaiian Island National Wildlife Refuges, and the state wildlife refuge on Kure to help protect and recover protected, threatened and endangered species.

The NWHI coral reef ecosystem is also the site of ongoing scientific and monitoring activities to explore, map and better understand the unique ecosystem. These efforts are often joint projects among many partners, including the National Marine Fisheries Service, Fish and Wildlife Service, Hawaii Department of Land and Natural Resources, the University of Hawaii, and others.

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4. What are the primary ecosystem threats to the NWHI?

Some of the primary threats to the Northwestern Hawaiian Islands are from natural processes such as major winter storms, periodic hurricanes, and tidal waves. In the mid-1970s to late 1980s, changing oceanographic conditions (decadal shift) may have caused the islands' biological productivity to decrease, affecting food availability for all of the resident animals.

Major anthropogenic threats to the ecosystem are marine debris, invasive species and possible overuse by humans. Such "overuse" by people includes a number of different activities, e.g., vessel groundings, pollution from ships and other vessels, derelict fishing gear, derelict military and commercial infrastructure, land development, the introduction of alien species, and ecotourism impacts. Concern has been raised about fishing interactions with monk seals, lobster trap impacts on coral reefs, marine mammal entanglement in fisheries debris, seal consumption of toxic discards, and prey depletion. Although strictly regulated, recreational and commercial fishing are among the more contentious management issues in the area.

Ocean currents have deposited thousands of tons of marine debris and derelict fishing gear from the North Pacific onto the islands, atolls, and reefs of the Northwestern Hawaiian Islands. The nets and lines can entangle and drown monk seals, sea turtles, seabirds, as well as scour coral reefs. Floating plastic debris is eaten by adult seabirds and fed to their young. Marine debris is also thought to be a potential conduit for the accelerated introduction of alien species to coral reef ecosystems.

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5. What kinds of fishery pressures now exist?

The fisheries of the NWHI are small in terms of the number of vessels that participate, and the volume and value of the fisheries landings. The only currently active fishery, the Bottomfish Fishery consists of two limited entry zones: one with 7 permits (around Nihoa and Necker Islands) and another with 10 permits (the distant islands out to Kure Atoll). The total number of active vessels in the fishery has ranged from 3 to 13 (7 in 1998). Total annual revenues from the fishery have averaged about $1 million/year.

The Crustaceans (Spiny and Slipper Lobster) Fishery consists of a limited entry fishery (capped at 15 permits) of which fewer than half are active (1 vessel in 1995, 9 in 1997, and 6 vessels making 6 total trips in 1998). The fishery is closed from December 1 to June 30 of each year to reduce the potential for affecting monk seals during the pupping season. Fishing is prohibited in closed areas within 20 nm of Laysan Island and within 10 fathoms around all of the NWHI. The fishery is currently closed pending the resolution of uncertainties in the current stock assessment model.

The Pelagics (Swordfish, Tuna species, others) Fishery is prohibited within a 50 nm zone around the NWHI and thus exerts no fishing pressure on the area.

The Precious Corals Fishery is managed under the comprehensive Fisheries Management Plan, and the fishery is not currently active.

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1. What is the size of the Reserve?

The area designated as the Reserve is 134,576 square statute miles or 101,621 square nautical miles. It is approximately 1,200 nautical miles long and 100 nautical miles wide. This is seven times the size of the existing area in the National Marine Sanctuary System, and is as large as the entire National Park System or the combined areas of Florida and Georgia. The Reserve will include marine waters and submerged lands of the Northwestern Hawaiian Islands, shall be adjacent to and seaward of the boundary of Hawaii State waters and submerged lands and the Midway Atoll National Wildlife Refuge, and will include the Hawaiian Islands National Wildlife Refuge to the extent it extends beyond Hawaii State waters and submerged lands.

Some comparisons: The Reserve is, about half the size of Texas, is comparable in length to the distance from Los Angeles to Seattle, is 7 times larger than the total area of the current 13 National Marine Sanctuaries, and is almost as large as the Great Barrier Reef Marine Park in Australia (102,043 nm².) The Reserve is the second largest marine protected area in the world, and is the largest protected area in U.S. history.

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2. What is the area of coral reef habitat under federal jurisdiction within the Reserve?

While the actual coral reefs extend only extend to about 50 fathoms (100 meters), other habitats with important interactions with the reefs extend to approximately 100 fathoms. Approximately 3.2 percent (~2.7 million acres) of the NWHI Coral Reef Ecosystem Reserve is coral reef habitat (all submerged areas <100 fathoms) under Federal jurisdiction (excluding State waters).

The approximate total area of coral reef habitat (all submerged areas <100 fathoms) under federal jurisdiction (excluding State waters):

4,300 square statute miles	3,250 square nautical miles
11,140 square kilometers	2,753,000 acres

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3. What is the area of the Preservation Areas? How much of the Reserve is in the Preservation Areas?

Approximately 4.7 percent of the NWHI Coral Reef Ecosystem Reserve is within the 15 Reserve Preservation Areas. The approximate total area of reserve preservation areas in the NWHI Coral Reef Ecosystem Reserve area is:

6,350 square statute miles	4,795 square nautical miles
16,450 square kilometers	4,065,000 acres

This area is larger that previously reported because of 12 nm buffers surrounding Pearl Bank and Hermes Bank

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4. Does this designation mean I can still take my boat out into the Reserve to dive?

Yes. Diving is allowed if undertaken in accordance with the conservation measures. These measures include no anchoring on coral, and no removal, moving, taking, harvesting, or damaging of any living or non-living coral resource or species. For example, spearfishing in a Reserve Preservation Area would not be allowed, but underwater photography would be.

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5. How will this impact ecotourism?

NOAA recognizes that an increase in ecotourism is of significant concern. Any Sanctuary management plan will detail how ecotourism-related activities will be permitted and regulated within the protected area. All uses must be consistent with the management principles in the Executive Order and would be subject to the conservation measures and Reserve Preservation Areas. These principles emphasize protection and conservation of the coral reef ecosystem and the related marine resources and species of the NWHI.

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6. Can the protections of the Reserve be overturned?

The Reserve, which was established by Executive Order, can be changed or revoked by any future President without prior notice or opportunity for comment.

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Reserve Operations Plan

1. What is the Reserve Operations Plan and when was it finalized?

Executive Order 13186 requires that a plan be developed to govern the management of the Reserve. A Reserve Operations Plan has been finalized which will serve as a guide to govern the management of the Reserve throughout the designation process to address priority issues like marine debris, research and monitoring, education, and enforcement. The Reserve Operations Plan follows the template for management plans developed by the NMSP, and is composed of a set of function and issue-oriented (as identified in the Executive Order) action plans, with supporting documentation. The plan will be incorporated into a long-term Sanctuary management plan upon successful completion of the designation process. Public comments on a draft Reserve Operations Plan were received through May 17, 2002.

The most recent draft Reserve operations plan (ROP) was presented to the Reserve Advisory Council (RAC) for content review in spring 2003. The RAC’s advice was considered during a writing workshop held immediately following the RAC review. National Marine Sanctuary Program (NMSP), partner agencies, and the RAC made necessary adjustments to the ROP and prepared a “final draft”. The final ROP was approved in March 2005, and can be downloaded here:

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2. What is the Reserve Council, how was it selected, how will it operate?

The Secretary of Commerce was directed to establish a Coral Reef Ecosystem Reserve Council, pursuant to the National Marine Sanctuaries Act authorities for advisory councils. The Council provides advice and recommendations to NOAA on the Reserve Operations Plan and designation and management of any sanctuary. The Council plays an important role in helping shape conservation initiatives and provide lasting protection to the marine resources of the Reserve and sanctuary. Council members represent various aspects of the community from recreational fishing interests to Native Hawaiian interests.

The voting members of the Council (except for the State of Hawaii representative) were chosen through an open, competitive process held during December 2000 and January 2001. A call for applications was published in the Federal Register and posted on this website. Forty-seven applications were received, and fourteen of these applicants were chosen by NOAA, in consultation with the State of Hawaii and the Department of the Interior, to become members of the Council. Non-voting members and the Hawaiian state representative were chosen by the organization they represent in a separate process. Members were announced on January 29, 2001. There are 15 voting representatives and 10 nonvoting representatives.

An alternate was chosen for each seat to ensure adequate representation should a Council member be unable to attend a meeting. A call for applications for alternates was published in the Federal Register on February 5, 2001, and applications were accepted through March 2, 2001. Applicants not chosen for the original Council seats were automatically entered into the pool of applicants. Alternates were selected through the same process as Council members. The Council operates under a charter developed by NOAA, which prescribes the frequency of meetings, objectives and roles, and operation of the Council. The Council was officially established on December 5, 2000, when the charter was signed. All travel costs to meeting locations for Council members are paid for by NOAA, unless members are federal employees. Council meetings are open to the public.

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3. What types of management actions will be put in place in the Reserve?

The Executive Order provides Management Principles, conservation measures, and Reserve Preservation Areas for the Reserve, and directs the Secretary to develop a Reserve Operations Plan. The Reserve will build on existing efforts and encourage strong partnerships to fulfill its protection and management functions. Management actions will include monitoring and removal of marine debris; research; monitoring and assessment of the Reserve's resources; and enforcement of the conservation measures and the Reserve Preservation Areas.

Activities prohibited in the Reserve include: exploration for oil and gas, anchoring on coral; drilling, dredging, or otherwise altering the seabed; discharging or depositing any material (except for gray water); and removal, taking, or harvesting any living or non-living coral reef resource or species except as expressly allowed in the Executive Order. All consumptive activities (e.g. fishing, taking of coral) are prohibited in Reserve Preservation areas, except for the stipulations found in the Executive Order regarding commercial bottomfishing and trolling for pelagics by recreational fishers and permitted bottomfishers in 10 of the 15 RPAs.

Management techniques, such as marine zoning, will also ensure ecosystem protection from degradation and harm. Additionally, non-regulatory activities such as research, education and outreach, restoration and remediation of degraded and injured Reserve resources will be developed working with many partners, in conjunction with the Reserve Operations Plan and Sanctuary Management Plan development processes. The Reserve Advisory Council will also be an important component in identifying issues, and disseminating information about management measures to the various users of the Reserve.

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4. How will you enforce the management measures or other Reserve prohibitions?

Our goal is to protect the natural resources of the NWHI, not to write tickets for violations. Thus, similar to other newly established marine protected areas, such as the Tortugas Ecological Reserve in the Florida Keys, DOC will initially emphasize education and outreach (i.e., "interpretive enforcement") to familiarize the public and users about the Reserve and the management measures in the Executive Order. Reserve prohibitions are clearly stated in Executive Orders 13178 and 13196 (EO). Moreover, DOC is moving forward with designation of a National Marine Sanctuary that, when in place, will allow for enforcement of that regime under the NMSA. Finally, if prior to sanctuary designation, the interpretive enforcement measures prove insufficient to protect the resources of the NWHI, DOC will use every appropriate legal mechanism at its disposal.

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5. How will a Reserve correct the problem of marine debris in the Hawaiian Islands?

The Reserve will build upon the existing efforts of the interagency partnership, including the recommendations outlined at the 2000 Marine Debris Conference, to clean up this very serious threat to the resources in the Northwestern Hawaiian Islands. This also includes bringing to bear new authorities and resources to address the problem. The new authorities prohibit destruction, loss or injury to any Reserve or Sanctuary resource. Efforts may also include working with the U.S. Department of State, the U.S. Coast Guard and the International Maritime Organization to address the issue of preventing the debris at its source.
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6. How will this affect Native Hawaiians or the State of Hawaii?

Native Hawaiians have a strong traditional connection to the land and natural resources of the Northwestern Hawaiian Islands and NOAA wants to encourage their participation in management of this protected area. The Reserve recognizes Native Hawaiian non-commercial subsistence, cultural, and religious uses consistent with existing law. NOAA will work with Native Hawaiian interests to identify those areas where uses of the Reserve's resources may be conducted without injury to coral reef ecosystem or related marine resources or species. These areas may be revised after public review and comment and consideration of recommendations from the Reserve Council. While state waters and submerged lands are not part of the Reserve, NOAA will work with the state and the Department of Interior for coordinated conservation of the area. During the sanctuary designation process NOAA will work with the state to determine whether state waters and submerged lands should be included in a sanctuary.

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7. How will the boundaries for the Reserve Preservation Areas (RPA) be determined?

The RPA boundaries are approximated using fathoms. NMSP, on behalf of the Secretary, will develop straight line boundaries based on longitude and latitude coordinates to encompass each RPA, to provide for clarity and ease of identification. NMSP may make technical modifications to these boundaries, as necessary. (For additional information on RPAs, click to view the summary statement on RPAs and conservation measures RPA Overview, pdf format)

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8. Why have no regulations been promulgated for the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve?

The National Marine Sanctuary Program’s (NMSP) priority is to focus on the sanctuary designation process, which will include the development of regulations for the preferred alternative (under the Sanctuary proposal), rather than undertake a resource-intensive, concurrent process to issue regulations for the Reserve. Furthermore, most of the conservation measures of Executive Orders 13178 and 13196 (EO), which established the Reserve, need no additional action and are already in effect.

While most of the conservation measures in the EO are clear, there are certain measures that require clarification, such as establishment of limitations on fishing, boundary clarifications and the development of a permitting process. The NMSP will issue clarifications of these and other measures in the Federal Register, and seek public comment. However, these clarifications do not affect the underlying force and effect of the EO. The NMSP and the National Oceanic and Atmospheric Administration (NOAA) will work with the U.S. Coast Guard, and other entities, to assist in management and enforcement efforts for the Reserve.

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Sanctuary Designation

For sanctuary designation related questions please click here.

1. What is the relationship between the Reserve and existing Fishery Management Plans?

Fishery Management Plans are developed by the Western Pacific Fishery Management Council. Management measures of the Reserve based on the Executive Orders apply to these plans and fishermen will adjust accordingly. Some or all fishing activities are restricted in the Preservation Areas, which make up approximately 4.8 percent of the total Reserve area. Five of these areas are completely closed to all fishing, while portions of the remaining 10 allow some extractive use. Outside of these Preservation Areas, fishing is capped at current levels.

There are four fishery management plans which involve areas within the Reserve.

The Bottomfish Fishery Management Plan has two limited entry zones in the NWHI: one with 7 permits (around Nihoa and Necker Islands) and another with 10 permits (the distant islands out to Kure Atoll). The total number of active vessels in the fishery has ranged from 3 to 13 (7 in 1998).

The Crustaceans (Spiny and Slipper Lobster) Fishery Management Plan in the NWHI consists of a limited entry fishery (capped at 15 permits) of which fewer than half are active (1 vessel in 1995, 9 in 1997, and 6 vessels making 6 total trips in 1998). The fishery is closed from December 1 to June 30 of each year to reduce the potential for affecting monk seals during the pupping season. Fishing is prohibited in closed areas within 20 nm of Laysan Island and within 10 fathoms around all of the NWHI. The fishery is currently closed pending the resolution of uncertainties in the current stock assessment model.

The Coral Reef Ecosystem Fishery Management Plan (CREFMP) was approved by the Western Pacific Fishery Management Council in June 2001, and is the first ecosystem-based fishery management plan to be developed under the Magnuson-Stevens Fishery Conservation and Management Act. Some provisions of the CREFMP in relation to the NWHI appear to be in conflict with the management regime for the Reserve and may require further action. The Department of Commerce is seeking public comment on the CREFMP and is it likely that portions of the plan that conflict with the Executive Order for the Reserve will be disapproved.

On March 18, 2002, the Western Pacific Fishery Management Council updated the council's regulations implementing the Fishery Management Plan for Precious Corals. The measures set gear restrictions, size limits and definitions governing the harvest of precious-coral resources. Additionally, as required by the management regime for the Reserve, the harvesting of precious coral from the Reserve will be prohibited. The regulations will become effective April 17, 2002.

2. How much of the Reserve will be closed to all fishing?

Some or all fishing activities are restricted in the Preservation Areas, which make up approximately 4.8 percent of the total Reserve area. Five of these areas are completely closed to all fishing, while portions of the remaining 10 allow some extractive use. Outside of these Preservation Areas, fishing is capped at current levels. The exact level of those will be determined by NOAA, on behalf of the Secretary, in consultation with the Reserve Advisory Council, the State of Hawaii, the Western Pacific Regional Fishery Management Council, and others.

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3. Will a Reserve affect the existing fishing industry in NWHI?

Fisheries have always been very limited in these remote island areas. The National Marine Fisheries Service (NMFS) and the Western Pacific Regional Fishery Management Council have strictly limited existing fisheries in the NWHI. This has been done under the authority of the Magnuson-Stevens Act, Executive Order 13196 and the four Fishery Management Plans for this region.

The Executive Order caps all existing fishing effort at current levels. In addition it provides for 15 Reserve Preservation Areas (RPA). All consumptive uses are not permitted in the Reserve Preservation Areas. However, commercial bottomfishing and trolling for pelagics by recreational fishers and permitted bottomfishers is allowed in portions of 10 RPAs. The 15 RPAs have been made permanent after consideration based on a 30-day public comment period.

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4. Why cap current fishing efforts?

During the public visioning sessions on the future of the NWHI, many people expressed concern that growth in fishing efforts in the NWHI could harm the coral reef ecosystem. While the commercial fisheries of the NWHI are not overfished, some believe that capping fishing at current levels is a sound management step both to provide long-term protection of the ecosystem and to allow for some continued extractive use of the area through fishing. NOAA will develop the caps based on the Executive Order and publish them for public input.

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5. Who will manage fisheries within the Reserve?

NOAA's National Marine Fisheries Service, working with the Western Pacific Regional Fishery Management Council and NOAA's National Ocean Service, will continue to have a direct role in managing the fisheries of the NWHI. These entities will work closely to manage the fisheries in accordance with Executive Orders 13178 and 13196.

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6. What is the status of the development of fishing caps for the Reserve?

Caps on fishing will be included in the range of alternatives provided in the Draft Environmental Impact Statement for the designation of the Reserve as a National Marine Sanctuary.

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More Information

Who do I contact for more information?

For more information about the Northwestern Hawaiian islands, the sanctuary designation process, or how you can become involved, continue to browse this website, or contact the Reserve office at (808) 397-2660.

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