Fiscal Years 1994-1999

Hawaiian Islands Humpback Whale National Marine Sanctuary

At the request of Governor Waihee, U.S. Representative Neil Abercrombie and Senator Inouye, legislation was introduced in 1990 to establish the Hawaiian Islands Humpback Whale National Marine Sanctuary. Initially, the sanctuary was intended to protect humpback whales and their habitat within Maui County waters up to the 100-fathom isobath and waters adjacent to the Kilauea Point National Wildlife Refuge on the Island of Kauai. It also allowed for the expansion of the sanctuary to include other resources and geographic locations if justified by scientific evidence.

With increasing numbers of whales and increasing human uses and activities in Hawaiian waters, there is a need for comprehensive and coordinated conservation and management of humpback whales and their habitat. The establishment of the sanctuary will make available more resources to, among other things, ensure complementary, coordinated and more efficient management and protection of humpback whales and their habitat and educate the public on the Hawaiian Islands marine environment.

After extensive public scoping meetings and hearings, the National Oceanic and Atmospheric Administration's (NOAA) Sanctuaries and Reserve Division issued a draft environmental impact statement (EIS) and management plan in September 1995. After public hearings were completed on the DEIS, NOAA, at Senator Inouye's request, appointed a sanctuary advisory committee to review the public comments and work with NOAA to develop a final EIS. After a 45 day review period, the Governor of Hawaii agreed to participate in the sanctuary program, although on a smaller scale than proposed in the final EIS. In addition, the State of Hawaii has the opportunity to review its participation in the sanctuary program in five years.

The sanctuary was officially dedicated on February 16, 1998. It is anticipated that over $900,000 will be available in Fiscal Year 1999 for sanctuary operations and related research, including costs incurred by the State of Hawaii government.

The Sanctuary has been, and will continue to be, the cause of significant debate among many of Hawaii's ocean users. Businesses involved in ocean recreation activities, particularly on Maui, have opposed the sanctuary as unnecessary. Although no new regulations were proposed for the sanctuary, opponents are concerned about any future regulations that may be imposed. During the review process, this opposition gained renewed momentum in light of proposals by the Clinton Administration to impose "user fees" to help fund sanctuary management activities. In response to these concerns, the Congress, at Senator Inouye's request, passed legislation prohibiting the imposition of user fees in the Hawaii sanctuary.