Page:United States Statutes at Large Volume 106 Part 6.djvu/499

This page needs to be proofread.


PUBLIC LAW 102-587—NOV. 4, 1992 106 STAT. 5057 (2) The term "Sanctuai^ means the Hawaiian Islands Humpback Whale National Marine Sanctuary designated under section 2305. (3) The term "Secretary" means the Secretary of Commerce. SEC. 2304. POLICY AND PURPOSES. (a) POLICY.— It is the policy of the United States to protect and preserve humpback whcues and their habitat within the Hawaiian Islands marine environment. (b) PURPOSES.— The purposes of this subtitle are— (1) to protect humpback whales and their habitat in the area described in section 2305(b); (2) to educate and interpret for the public the relationship of humpback whales to the Hawaiian Islands marine environment; (3) to manage such human uses of the Sanctuary consistent with this subtitle and title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended by this Act; and (4) to provide for the identification of marine resources and ecosystems of national significance for possible inclusion in the sanctuary designated in section 2305(a). SEC. 2306. DESIGNATION OF SANCTUARY. (A) DESIGNATION. —Subject to subsection (c), the area described in subsection (b) is designated as the Hawaiian Islands Humpback Whale National Marine Sanctuary under title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1451 et seq.), as amended by this title. (b) AREA INCLUDED.— (1) Subject to subsections (c) and (d), the area referred to in subsection (a) consists of the submerged Icmds and waters off the coast of the Hawaiian Islands seaward of the upper reaches of the wash of the waves on shore— (A) to the one hundred fathom (one hundred and eighty- three meter) isobath adjoining the islands of Lanai, Maui, and Molokai, including Penguin Bank but excluding the area within 3 nautical miles of the upper reaches of the waves on the shore of Kahoolawe Island; (B) to the deep water area of Pailolo ChannelfiromCape Halawa, Molokai, to Nakalele Point, Maui, and southward; and (C) to the one hundred fathom (one hundred and eighty- three meter) isobath adjoining the Kilauea National Wildlife Refuge on the island of Kauai. (2)(A) On January 1, 1996, the area of the marine environment within 3 nautical miles of the upper reaches of the wash of the waves on the shore of Kahoolawe Island is designated a part of the Sanctuary, unless during the 3-month period immediately preceding January 1, 1996, the Secretary certifies in writing to the Committee on Commerce, Science, and Transportetion of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives that the area is not suitable for inclusion in the Sanctuary. If such certification is made, it shall be accompanied by a written explanation of the Secretary's reasoning in support of the certification. (B) After a certification of unsuitebility is made under subpara- Reports. graph (A), the Secretary shall annually make a finding concerning the smtebility of the area for inclusion in the Sanctuary and submit