Frequently Asked Questions & Answers
on the Draft Monument Management Plan

Click on the management topics below to link to the questions and answers for that specific topic. (06/09/08)

• Draft Monument Management Plan
• Monument Management Board
• Permitting
• Human Uses
• Sustenance Fishing
• Environmental Contaminants
• Military Use
• Enforcement
• Constituency Building and Outreach
• Monument Funding
• World Heritage

Additional Reasources

• Draft Management Plan–overview & how to comment
• Co-Trustee Agencies - background and maps

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Draft Management Plan
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1. What other opportunities will there be to comment on the Monument Management Plan?

Comments on this draft will be accepted through July 8, 2008 (the comment period has been extended an additional 15 days–the public may now comment through July 23, 2008).  The lifespan of the final Monument Management Plan is 15 years and the Co-Trustees have agreed to formally review the document every 5 years.  The public will be provided opportunities to suggest changes and additions to strategies and activities during these 5 year reviews.

2.  When will the final Monument Management Plan be issued?

The Co-Trustees will review, analyze, and consider the public comments received, develop responses to those comments, and incorporate comments into a final management plan as appropriate.  We anticipate releasing the final Monument Management Plan by the end of the calendar year.

3.  Why is the public comment period for the State of Hawai‘i only 30 days? How will the State of Hawai‘i ensure that all comments submitted prior to June 8th will be considered?

Comments submitted during the entire comment period will be considered by all agencies.  Although the official State comment period occurs during the last 30 days of the Federal comment period, in accordance with State regulations from the Office of Environmental Quality Control, DLNR will review, consider and address public comments received during the 75-day comment period.

All public comments are being submitted to one location for review, analysis, and response and will be considered by all three managing agencies, including those submitted during the public meetings. All substantive comments received during the 75-day public comment period will be addressed in a Summary of Public Comments section of the final Monument Management Plan, which will compose Volume V of the plan

4. Why is the public comment period only 75 days when the Draft Monument Management Plan is so lengthy?

Public comment periods for government documents generally run from 30 to 45 days, and occasionally 60 days. To encourage public comment on the Draft Monument Management Plan, the Co-Trustees chose to extend the comment period to 75 days.

5. Why did the Co-Trustees choose this public meeting format?

The Co-Trustees wanted to provide an opportunity for the public to ask questions and seek clarifications regarding the four-volume Draft Monument Management Plan, as well as for the public to give us their comments.  Because some attendees may not be familiar with the Monument and the plan, we also wanted to provide some background information.

6. What is an Environmental Assessment and why is it needed??

The draft Environmental Assessment (EA) contained in Volume II evaluates the likely environmental consequences of the activities contained in the Monument Management Plan (Volume I).  The draft EA was developed in accordance with the National Environmental Policy Act and Hawai‘i Revised Statutes Chapter 343 of the State of Hawai‘i.  It also includes a draft Cultural Impact Assessment as required by Chapter 343, Hawaii Revised Statutes.

7. How is this plan different from the draft management plan for the proposed Northwestern Hawaiian Islands National Marine Sanctuary?

Presidential Proclamation 8031 directed that the Draft Monument Management Plan be based on the draft plan for the proposed sanctuary.  The primary difference is that this plan now includes planning requirements for all Co-Trustee agencies and incorporates public input received over the last 10 years. It also meets Refuge Comprehensive Conservation Planning requirements and covers both the marine and terrestrial ecosystems of the Northwestern Hawaiian Islands.

8. How is climate change specifically addressed in the Draft Monument Management Plan?

The Co-Trustees recognize that climate change represents a significant challenge to the management of the Monument, but its effects are difficult to predict at this time. Climate change in relation to the Monument is described in Section 1, Environmental and Anthropogenic Stressors.  Specific projects to address monitoring the effects of climate change are found throughout the draft plan, and the issue will be more fully described in the Natural Resources Science Plan. While acknowledging its potential effects, the Co-Trustees recognize that climate change is primarily caused by sources outside of the Monument and as managers learn more about the effects of climate change through monitoring they will be better prepared to address these effects.

9. The Draft Monument Management Plan requires the development of additional more detailed plans such as the Natural Resources Science Plan.  Will the public have an opportunity to comment on these plans?

Monument managers will incorporate public review of additional planning documents in accordance with existing laws and policies including an environmental assessment addressing environmental consequences of proposed activities where needed. In addition, other operational plans that would not necessarily require but could benefit from public review will be released.

Monument Management Board
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10. Who makes the final decisions on Monument management?  Who is really in charge?

The Co-Trustees have delegated responsibilities of day-to-day management to a Monument Management Board (MMB) comprised of representatives from the U.S. Fish and Wildlife Service, the Department of Land and Natural Resources, the Office of National Marine Sanctuaries, the National Marine Fisheries Service and the Office of Hawaiian Affairs.  The MMB works together in a coordinated fashion to cooperatively manage the Monument while continuing to honor the policies (consistent with the law) and statutory mandates of the various management agencies.  Nothing in the designation of the Monument diminishes the responsibilities and requirements of each agency, but all work together to provide the greatest benefits for Monument resources.

11. Why are the meetings of the MMB not open to the public?  If the MMB is managing public trust resources, then isn’t it obligated to have its meetings open to the public?

The Constituency Building and Outreach Action Plan proposes a number of ways for the public to be involved in Monument activities and discussions. Through these various mechanisms and activities public input can be received. The MMB was created through an interagency Memorandum of Agreement to coordinate activities among the management agencies, and public involvement at this level would hinder efficient operations of the Monument. The Monument Management Board is charged with the day-to-day management of Papahānaumokuākea, and such routine meetings of government entities are not generally conducted as open public meetings.

Permitting
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12. How can I visit the Monument?

A. Presidential Proclamation 8031 authorizes six types of activities that may be permitted within the Monument:  research, education, conservation and management, Native Hawaiian practices, special ocean uses, and recreation (only at Midway Atoll).  Permit applications and application instructions are available on our website at http://papahanaumokuakea.gov.  Additionally, individuals interested in visiting Midway Atoll may sign up for tours through entities that already have received permits from the Monument.

13. How can the public comment on activities under consideration for a Monument permit?

The Draft Monument Management Plan includes a Unified Public Notification Policy for permit applications that has been in effect since February 1, 2008.  Public comments are welcome on this policy.

Under this policy, summaries of permit applications are posted within 10 calendar days of receipt, and full permit applications are posted for a minimum of 30 calendar days prior to agency determination.  The public may submit comments during this timeframe.

In addition, all proposed activities in state waters are deliberated before the publicly accessible meetings of the Board of Land and Natural Resources.

14. How are permit applications reviewed?

The proclamation that established the Monument defined a series of findings and review criteria that must be met by all applicants to demonstrate that their proposed activities are consistent with the proclamation and the goals of the Monument (see page 223 of the draft Monument Management Plan). All applications are also reviewed by staff biologists from each agency and undergo a cultural review coordinated through the Office of Hawaiian Affairs. The MMB may require applicants to submit additional information, apply special conditions, or undergo additional training. Additional findings are required for Native Hawaiian Practices, Special Ocean Use, and Recreation applications. As outlined in the Draft Monument Management Plan, the Co-Trustees may engage outside experts in permit application reviews.

15.  How can I obtain information about permits that have been issued?

The Co-Trustees are developing annual reports that summarize the permits issued, permittees accessing the Monument, data and specimens collected, etc.  These reports will be posted on the Monument website at http://papahanaumokuakea.gov. 

Human Uses
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16.  Why not just close off the area completely?

A.  Although it may sound reasonable to protect the Monument’s resources by totally excluding humans, past human activities within its boundaries preclude such an approach.  For instance, if no one were stationed at Midway Atoll to control invasive plants, the nesting habitat of two million seabirds would be severely reduced.  If no one could collect marine debris from the Monument’s coral reefs and beaches, it would accumulate at an alarming rate, destroying habitats and killing marine animals such as the Hawaiian monk seal.  In addition, in order for humans to determine appropriate activities, they must understand the resources and their interconnections.  Through the permitting process, the Co-Trustees will limit human activities to those that benefit Monument resources.

17. How can people volunteer with the Monument?

A.  Volunteers are an important part of successful management and a limited number of opportunities are available in the field as well as in Monument management offices based in the main Hawaiian Islands. In the field, volunteer positions are generally long-term: 3-6 months. Volunteer opportunities are also available at the Mokupāpapa Discovery Center in Hilo, and in administrative capacities at the Monument management offices in Honolulu. The Monument is continuously seeking passionate individuals who can help bring the Northwestern Hawaiian Islands to a larger audience without increasing impact upon this fragile place, and volunteers with interpretive and communication skills are always welcome.

18. How are risks and cumulative impacts of activities assessed in the Monument?

Under the Permitting and Information Management Action Plans, the Co-Trustees are developing a Papahānaumokuākea Information Management System that will gather data from a wide variety of sources and aid in evaluation processes proposed in the Evaluation Action Plan.  Data from permit reporting requirements will be analyzed to provide the insight needed to make informed management decisions about appropriate levels and locations of permitted activities to ensure protection of the Monument’s natural, cultural and historic resources. 

In addition, various environmental review and other determination requirements (for example, NEPA and FWS compatability determinations) analyze effects and evaluate potential risks to and cumulative impacts upon Monument resources. Managers employ these reviews and analyses to ensure protection of the Monument’s natural, cultural, and historic resources.

19.  How are data collected in the Northwestern Hawaiian Islands, and are they publicly accessible?

There is a large body of knowledge on the cultural, natural and historic resources of the Northwestern Hawaiian Islands dating back several centuries. The majority of this information is publicly accessible but is primarily found in sources that are not commonly utilized by the general public.  These sources include peer-reviewed journal articles, oral histories, Library of Congress archives, University library documents, data in research institutions, in Hawaiian language newspapers on microfiche and the like.  In order to make these sources of information more accessible to the public and managers alike the Monument is developing a Papah?naumoku?kea Information Management System to attempt to provide a single source access.  The Co-Trustees are already using analyses from this developing system, as well as their individual historic records, to make day-to-day management decisions. Over the coming year the Monument managers intend to provide public access to parts of this system.  Ultimately this system is intended to assist managers in answering questions related to management of the Monument, and to provide the public with general information about this area.

20.  What limits are in place on the number of people that can visit Midway on any give day?

The number of day guests at Midway Atoll, the only place within the Monument open for recreation, is limited through the permitting process, compatibility determinations, and the Midway Atoll Visitor Services Plan.  As proposed in the draft Monument Management Plan, a maximum of 50 overnight guests may be on Midway Atoll at any one time.  Day visitors generally arrive by aircraft or cruise ship. A maximum of four cruise ships per year are allowed to visit the Monument and they are limited in size to no more than 800 passengers with 8-12 hour visits.  Sailboat visits are infrequent, usually fewer than five per year.  All of these activities require individual Monument permits and must comply with additional Monument requirements such as hull inspections.

21. What are the regulations on vessel discharge, and will the requirements on discharge be the same for all vessels?

All vessels that are permitted to conduct activities within the Monument are required to comply with the discharge requirements as defined in the Monument regulations (see Appendix G in Volume III).  In Special Preservation Areas, the Midway Atoll Special Management Area and all state waters, vessels are not allowed to discharge any material except vessel engine cooling water, weather deck runoff, and vessel engine exhaust.  Outside of these areas vessels that are permitted to conduct activities within the Monument are prohibited from discharging or depositing any material or other matter into the Monument, or discharging or depositing any material or other matter outside of the Monument that subsequently enters the Monument and injures any resources of the Monument, except fish parts (i.e., chumming material or bait) used in and during authorized fishing operations, or discharges incidental to vessel use such as deck wash, approved marine sanitation device effluent, cooling water, and engine exhaust.

22. Why is construction being planned for Midway, Kure, Tern, and Pearl and Hermes?

Some of the aging infrastructure at Midway Atoll must be replaced to ensure human and wildlife safety.  As discussed in the Midway Atoll NWR Draft Conceptual Site Plan, Midway will become an operational hub for the Monument, as well as provide the only opportunity for visitors to learn about and enjoy its resources.

In addition, very limited development activities are proposed at Kure Atoll, Tern Island, and Pearl and Hermes Atoll.  These activities are primarily intended to support existing field camps that conduct research, monitoring, restoration, and other management activities. Conceptual site plans still need to be developed for Kure Atoll and the Hawaiian Islands National Wildlife Refuge.

Sustenance Fishing
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23. What are the reporting requirements for sustenance fishing in the Monument?  Have the Co-Trustees assessed the impact of fishing by their permit holders? ?

Sustenance fishing is an activity allowed under Presidential Proclamation 8031, and is incidental to an approved and permitted activity.  For the Monument, sustenance fishing means noncommercial fishing for bottomfish or pelagic species in which all catch is consumed within the Monument. Permittees must record and report sustenance fishing as part of their permit reporting requirements, and ship captains or the appropriate land-based authority must ensure all fish caught are consumed within the Monument. In 2007 for example, 153 total fish were caught by permittees authorized to sustenance fish. All fish were consumed within the Monument, and no fishing occurred in State of Hawaii waters, Special Preservation Areas or the Midway Special Management Area. Permittees authorized to sustenance fish must maintain a log of all fishing operations and track all data including: location, species of fish caught, number of fish caught, gear type, line hours and lat/long coordinates.  This report must be turned in 30 days after the expiration of the permit. Monument managers compile all sustenance fishing data and review it for compliance.

Within the Midway Atoll Special Management Area, a compatibility determination limits the type of fish, type of gear that may be used, number of fish, etc.  It also specifies reporting requirements for all sustenance fishing activity within the Midway Atoll Special Management Area.

Environmental Contaminants
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24. Why are lead and other known contaminants in the Monument not scheduled to be remediated and cleaned up?

As outlined in the Habitat Management and Conservation Action Plan, the Co-Trustees take their responsibility to identify, evaluate, and minimize environmental contaminants within the Monument very seriously.  Lead-based paint cleanup at Midway Atoll is underway, but it will take several years to complete.  Contaminant cleanup operations are typically very expensive, particularly in such a remote region.  As funding is made available, the Co-Trustees will continue their cleanup efforts.

Military Use
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25. How are the Co-Trustees working with the Navy to ensure that Navy activities within the Monument cause no harm?

A.  Presidential Proclamation 8031 specifically exempts lawful activities and exercises of the Armed Forces, including the U.S. Coast Guard, from its prohibitions.  The Co-Trustees have no authority to regulate such activities.  The requirement that the Armed Forces avoid to the extent practicable adverse impacts on Monument resources and qualities is to be addressed by the military agency conducting the operation, not the Monument Co-Trustees. The Navy is the primary DOD agency that periodically conducts activities in the Monument and they have expressed their commitment to support the spirit and intent of the Proclamation.

Enforcement
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26. How will State and Federal agencies work together to ensure that Monument regulations are enforced?

In accordance with Presidential Proclamation 8031, the State of Hawai‘i has full authority to enforce its regulations for the Northwestern Hawaiian Islands State Marine Refuge.  The Proclamation specifically states that “[n]othing in this proclamation shall be deemed to diminish or enlarge the jurisdiction of the State of Hawaii.”  Under the unified permitting process, all three entities must approve any permit issued, and all permits affecting State lands and waters will be considered by the Board of Land and Natural Resources as well as the appropriate DLNR agencies. 

Under the Draft Monument Management Plan’s Enforcement Action Plan, a strategy is included that would lead to cooperative agreements allowing Federal and State law enforcement officers to enforce the variety of Federal and State statutes that apply within the Monument.

27. Have there been fishing violations in the Monument?  What is the status of those enforcement actions?

Yes, there have been alleged fishing violations in the Monument.  Swift enforcement actions on these violations have resulted in three cases with charges assessing over $100,000 in fines combined, as well as a proposed permit sanction.  Detection of these alleged violations was the direct result of coordination between the U.S. Coast Guard and NOAA Fisheries Office for Law Enforcement. The three charged cases are ongoing and no final resolution has been reached in any of the cases. Additional violations in the Monument not related to fishing have been detected and are being considered for prosecution by OLE, and NOAA’s General Counsel for Enforcement and Litigation (GCEL).  Currently OLE and GCEL have several other open investigations in various stages throughout the Monument.

28.  What investments are being made toward enforcement in the Monument?

The Co-Trustees place a great deal of emphasis on enforcement, much of which (such as tracking ships through a Vessel Monitoring System) was required in Presidential Proclamation 8031.  In addition to strategies and activities in the Enforcement Action Plan, enforcement activities are included within Managing Human Uses Action Plan, the Midway Atoll Visitor Services Plan, and FWS compatibility determinations. The designation of the Monument as a Particularly Sensitive Sea Area by the International Maritime Organization and the enforcement of Federal and State laws by the U.S. Coast Guard, NOAA Fisheries Office of Law Enforcement, FWS refuge law enforcement and the State of Hawaii's Division of Conservation and Resources Enforcement play significant roles in protecting the NWHI.

The Monument managers apportion some of their budgets to enforcement, but other entities such as the U.S. Coast Guard and NOAA Fisheries Office of Law Enforcement also contribute to enforcement.  Their costs are not included in Monument budgets.

Constituency Building and Outreach
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29.  What are the regulatory authorities for the “Monument Alliance” and the “Friends of the Monument”?

Currently, no special regulatory authority exists for a Monument Alliance or for a Monument Advisory Council.  Either could be established under the Federal Advisory Committee Act, which requires registration with the General Services Administration, Secretarial approval of a charter, Secretarial appointments, and a host of other specific tasks. The existing authority for the Reserve Advisory Council to advise the NWHI Coral Reef Ecosystem Reserve under the National Marine Sanctuaries Act is still in effect but the RAC is proposed to be convened only until a Monument Alliance is established. Because the Monument Alliance is just being proposed, a charter that would define the composition of the body and its operations has not yet been developed.

“Friends” groups are established under U.S. Fish and Wildlife Service authorities:  the Fish and Wildlife Act of 1956; the National Wildlife Refuge System Administration Act of 1966, as amended; the Refuge Recreation Act of 1962, as amended; the Anadromous Fish Conservation Act, as amended; the Fish and Wildlife Coordination Act of 1934, as amended; and the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998, as amended.  As one of the three Co-Trustees, we believe these authorities could extend to a Monument Friends group.

30. What role would the “Monument Alliance” play in management of Papahānaumokuākea and how will its responsibilities differ from those of the Reserve Advisory Council?

A.  Like the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council (RAC), the Monument Alliance would have no oversight authority.  The RAC was “established to provide advice to NOAA regarding the development of the Reserve Operations Plan and the designation and management of a Sanctuary. This does not constitute authority to perform operational or management functions, or to make decisions on behalf of NOAA or the Department of Commerce.” 

Members of the Monument Alliance could provide individual advice and recommendations on a variety of management activities.

31. How will Native Hawaiians be involved in management of Papahānaumokuākea?

Two action plans within the draft management plan address active and meaningful involvement of Native Hawaiians in management of Papahānaumokuākea.  There are also many activities distributed throughout the plan that address a variety of concerns we have heard over the years from Hawaiian communities.  In addition, the Monument will continue to support the Native Hawaiian Cultural Working Group through the Office of Hawaiian Affairs.  Over the years members of this group have offered support on permit review and cultural protocols, and provided the Monument with its name.

32. How can the general public help support the Monument?

There are several ways that individuals and organizations support the efforts of the Monument.  One way is volunteering not only for the Monument, but also for conservation efforts in local communities around the main Hawaiian Islands.  There are also nonprofit organizations such as Friends of Midway Atoll National Wildlife Refuge and the National Marine Sanctuary Foundation that help to support the Monument’s mission.  

Monument Funding
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33. How is the Monument funded?

Each of the Co-Trustees is allocated funding to manage the Monument.  For the Federal agencies, Congress provides funding through annual appropriations bills provided to their Departments.  For DLNR, funding is provided by the State legislature.

The Monument Management Plan provides long-term guidance for management decisions over a 15-year horizon and sets forth desired outcomes, with strategies and activities to reach those outcomes, including the agencies’ best estimate of future needs.  These are sometimes substantially above current budget allocations and are included primarily for agency strategic planning and program prioritization purposes.  Neither the draft nor final plan constitutes a commitment of funds, or a commitment to request funds, by Federal or State agencies.  All funding for current and possible future Monument activities is subject to the budgeting and appropriations processes of the Federal and State governments.

World Heritage Status
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34.  What is the status of the Papahānaumokuākea Marine National Monument World Heritage nomination?

The Department of the Interior recently announced that Papahānaumokuākea is one of two sites from the United States that have been asked to develop nomination packages for UNESCO World Heritage status, the first time in over 15 years that the United States is nominating sites.  The Co-Trustees, led by the State of Hawai‘i, are actively involved in assembling the application.  At the earliest, the final nomination would be considered by the World Heritage Committee in summer 2010.

Additional Resources

• Click here for links to downloadable PDF copies of the draft plan.
  
• Click here for the Public Meeting Schedule.
  

Submission of Comments

Submit Written Comments by Mail
Written comments must be postmarked no later than July 8, 2008.
Mail comments to:
U.S. Fish and Wildlife Service
Papahānaumokuākea Marine National Monument
Box 50167
Honolulu, Hawai‘i 96850

Hand Deliver Comments
Comments may be hand delivered during normal business hours, Monday through Friday, 7:30 a.m. to 4:00 p.m. through July 8, 2008.
Deliver to :
U.S. Fish and Wildlife Service
Papahānaumokuākea Marine National Monument
Prince Jonah Kūhiō Kalani‘anaole Federal Building
300 Ala Moana Boulevard, Room 5-231
Honolulu, Hawai‘i

Electronically Mail Comments
Comments may be submitted by e-mail no later than July 8, 2008.
E-mail to:
pmnm_mmp_comments@fws.gov