Regulations

In 2025, the secretary of commerce designated the marine portions of Papahānaumokuākea Marine National Monument as a national marine sanctuary under sections 303 and 304 of the National Marine Sanctuaries Act, addressing jurisdictional gaps and enhancing protection. Papahānaumokuākea National Marine Sanctuary regulations took effect in March 2025 and are published in Title 15 of the Code of Federal Regulations (CFR) in Part 922, Subpart W. These regulations were developed to supplement and complement those regulations already in place for Papahānaumokuākea Marine National Monument (50 CFR Part 404).

Sanctuary designation for Papahānaumokuākea:

  • Strengthened co-management with the state of Hawaiʻi
  • Created a permanent legal framework for long-term conservation
  • Incorporated Particularly Sensitive Sea Area protective measures into sanctuary regulations (15 CFR § 922.243(c))
  • Adopted fishing definitions from the Magnuson-Stevens Fishery Conservation and Management Act
  • Established regulations for the Monument Expansion Area (Outer Sanctuary Zone), defined as waters from 50 nautical miles out to the U.S. Exclusive Economic Zone west of 163° W Longitude
  • Allowed for future non-commercial fishing under Magnuson-Stevens Fishery Conservation and Management Act regulations, provided catch does not enter commerce
  • Prohibited drilling, dredging, or placing materials on submerged lands, unless for scientific instruments
  • Prohibited desertion of a vessel
  • Prohibited exploring for, developing, or producing oil, gas, or minerals, or any energy development activities
  • Ensured that scientific research by or for NOAA or the U.S. Department of the Interior in the Outer Sanctuary Zone (co-located with the Monument Expansion Area) is not restricted by sanctuary regulations

Sanctuary regulations summarized above are for informational purposes only. For the full regulations, see 15 CFR Part 922, Subpart W.

Sanctuary Access

Visitation to the sanctuary is allowed by permit and for emergency response, law enforcement, armed forces activities and exercises, non-commercial fishing in the Outer Sanctuary Zone authorized under the Magnuson-Stevens Fishery Conservation and Management Act, scientific exploration or research in the Outer Sanctuary Zone conducted by or for the secretaries of commerce or the interior, and uninterrupted passage through the sanctuary that complies with ship reporting requirements. The sanctuary permitting process is fully integrated into the existing permitting process for Papahānaumokuākea Marine National Monument. For more information about sanctuary access and permit requirements, please visit the Papahānaumokuākea Marine National Monument permit page.

Sanctuary Prohibited or Otherwise Regulated Activities

The following activities are identified in 15 CFR § 922.244 as prohibited or otherwise regulated. They are grouped below based on whether they may be authorized by a permit.

A. Activities that are strictly prohibited and may NOT be permitted (Prohibitions 1-8)

  1. Exploring for, developing, or producing oil, gas, or minerals, or conducting any energy development activities
  2. Using or attempting to use poisons, electrical charges, or explosives to collect or harvest a sanctuary resource
  3. Introducing or otherwise releasing an introduced species within or into the sanctuary
  4. Deserting a vessel
  5. Anchoring on, or having a vessel anchored on, any living or dead coral with an anchor, anchor chain, or anchor rope
  6. Engaging in commercial fishing, or possessing commercial fishing gear except when stowed and not available for immediate use
  7. Failing to comply with vessel monitoring system requirements
  8. Failing to comply with ship reporting requirements

B. Activities that are prohibited unless authorized by a permit (Prohibitions 9-16)

  1. Engaging in non-commercial fishing, or possessing non-commercial fishing gear except when stowed and not available for immediate use
  2. Drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands
  3. Removing, moving, taking, harvesting, possessing, injuring, disturbing, or damaging; or attempting to remove, move, take, harvest, possess, injure, disturb, or damage any living or nonliving sanctuary resource
  4. Attracting any living sanctuary resource
  5. Touching coral; living or dead
  6. Swimming, snorkeling, or closed- or open-circuit scuba diving
  7. Discharging or depositing any material or other matter into the sanctuary, or discharging or depositing any material or other matter outside of the sanctuary that subsequently enters the sanctuary and injures or has the potential to injure sanctuary resources, except for:
    • Fish, fish parts, or chumming materials (bait) used in or resulting from lawful fishing activity, provided that such discharge or deposit occurs during the conduct of lawful fishing activity within the sanctuary
    • Discharge incidental to vessel operations, such as approved marine sanitation device effluent, cooling water, and engine exhaust, consistent with federal statute or regulation
    • Within special preservation areas or the Midway Atoll Special Management Area, discharges are limited to vessel engine cooling water, weather deck runoff, and vessel engine exhaust, consistent with federal statute or regulation
  8. Anchoring a vessel

This is a plain-language summary of activities listed in 15 CFR § 922.244. It is not the full or official text. If anything here differs from 15 CFR § 922.244, the regulation itself is the legal authority.