Sanctuary Permits

The Office of National Marine Sanctuaries has the authority to issue permits that regulate certain activities otherwise prohibited by sanctuary regulations (15 CFR Part 922, Subpart W) when those activities provide a public benefit by furthering the management, protection, or understanding of sanctuary resources. NOAA conducts environmental reviews before issuing any sanctuary permits to ensure compliance with all applicable federal, state, and local environmental and cultural resource laws and regulations. In addition, permits include conditions and best management practices designed to minimize or eliminate impacts on sanctuary resources. For example, permit conditions may require hull inspections for maritime vessels conducting activities within the sanctuary to reduce the likelihood of introducing new nuisance aquatic species.

diver underwater collecting algae — Kānemiloha‘i (French Frigate Shoals) is an open atoll within sanctuary waters consisting of a large, crescent-shaped reef surrounding numerous small, sandy islets. Photo: NOAA

Sanctuary permits are administered within the Papahānaumokuākea Marine National Monument multi-agency permitting system. For more information about sanctuary access and permit requirements, please visit the Papahānaumokuākea Marine National Monument permit page.

Non-Commercial Fishing

Non-commercial fishing activities have been allowed by permit in certain areas of the Papahānaumokuākea Marine National Monument since 2006. Sanctuary designation streamlined these activities by adopting fishing definitions from the Magnuson-Stevens Fishery Conservation and Management Act, increased non-commercial fishing opportunities by including an additional 442,781 square miles of open ocean, and provided a mechanism for the appropriate regional fishery management council(s) to prepare draft fishing regulations pursuant to section 304(a)(5) of the National Marine Sanctuaries Act.

On March 22, 2022, the Western Pacific Regional Fishery Management Council transmitted its draft fishing recommendations for the portion of the sanctuary that would fall within the U.S. Exclusive Economic Zone. NOAA Fisheries has the final authority to determine whether these recommendations are consistent with the purposes and policies of the National Marine Sanctuaries Act and the goals and objectives of a proposed or existing sanctuary. If NOAA determines that the council's proposed regulations are consistent with these purposes, policies, goals, and objectives, NOAA will accept them and issue them as proposed regulations. If the council declines to make a determination with respect to the need for regulations, makes a determination which is rejected by the secretary, or fails to prepare the draft regulations in a timely manner, the secretary shall prepare the fishing regulations. These proposed regulations are currently pending.

Prohibitions at § 922.244(9), (12), (14), and (15)(i) do not apply to non-commercial fishing activities in the Outer Sanctuary Zone that are authorized under the Magnuson-Stevens Fishery Conservation and Management Act, in accordance with any NOAA Fisheries fishing regulations that are pending.