United States Minor Outlying Islands

§ 665.933 Prohibitions. In addition to the general prohibitions specified in § 600.725 of this chapter, and § 665.15 and subparts E and F of this part, the following activities are prohibited in the Monument and, thus, unlawful for a person to conduct or cause to be conducted. (a) Commercial fishing in the Monument. (b) Non-commercial fishing in the Monument, except as authorized under permit and pursuant to the procedures and criteria established in § 665.935. (c) Transferring a permit in violation of § 665.935(d). (d) Commercial fishing outside the Monument and non-commercial fishing within the Monument on the same trip in violation of § 665.934(c). (e) Non-commercial fishing within 12 nm of emergent land within the Monument, unless authorized by the U.S. Fish & Wildlife Service, in consultation with NMFS and the Council, in violation of § 665.934(d). For the purposes of this subsection, consultation means that the U.S. Fish & Wildlife Service will consult with NMFS, which in turn will consult with the Council.

§ 665.934 Regulated activities. (a) Commercial fishing is prohibited in the Monument. (b) Non-commercial fishing is prohibited in the Monument, except under permit and pursuant to the procedures and criteria established in § 665.935 or pursuant to § 665.934(d). (c) Commercial fishing outside the Monument and non-commercial fishing within the Monument during the same trip is prohibited. (d) Non-commercial fishing is prohibited within 12 nm of emergent land within the Monument, unless authorized by the U.S. Fish & Wildlife Service, in consultation with NMFS and the Council. For the purposes of this subsection, consultation means that the U.S. Fish & Wildlife Service will consult with NMFS, which in turn will consult with the Council.

§ 665.931 Boundaries. The Monument, including the waters and submerged and emergent lands of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, is defined as follows: (a) Wake Island. The Wake Island unit of the Monument includes the waters and submerged and emergent lands around Wake Island to the seaward limit of the U.S. EEZ. [...] (c) Jarvis Island. The Jarvis Island unit of the Monument includes the waters and submerged and emergent lands around Jarvis Island to the seaward limit of the U.S. EEZ. (d) Johnston Atoll. The Johnston Atoll unit of the Monument includes the waters and submerged and emergent lands around Johnston Atoll to the seaward limit of the U.S. EEZ.

§ 665.935 Fishing permit procedures and criteria. (a) Non-commercial fishing —(1) Applicability. Except as provided in section 665.934(d), a vessel that is used to non-commercially fish for, take, retain, or possess MUS in the Monument must be registered for use with a permit issued pursuant to §§ 665.603, 665.624, 665.642, 665.662, 665.801(f), or 665.801(g). (2) Terms and conditions. Customary exchange of fish harvested in the Monument is prohibited. (b) Pacific Remote Islands Monument recreational charter permit —(1) Applicability. Except as provided in § 665.934(d), both the owner and operator of a vessel that is chartered to recreationally fish for, take, retain, or possess MUS in the Monument must have a permit issued under this section, and the permit must be registered for use with that vessel. Charter boat customers are not required to obtain a permit.

§ 665.936 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States (including foreign flag vessels) unless in accordance with international law.

§ 27.21 General provisions. No person shall take any animal or plant on any national wildlife refuge, except as authorized under 50 CFR 27.51 and parts 31, 32, and 33 of this subchapter C.

§ 26.21 General trespass provision. (a) No person shall trespass, including but not limited to entering, occupying, using, or being upon, any national wildlife refuge, except as specifically authorized in this subchapter C or in other applicable Federal regulations.

§ 32.7 What refuge units are open to hunting and/or sport fishing? Refuge units open to hunting and/or sport fishing in accordance with the provisions of this subpart and §§ 32.20 through 32.70, inclusive, are as follows: (a) Alabama. [...] (k) Hawaii. (1) Hanalei National Wildlife Refuge. (2) Kakahaia National Wildlife Refuge. (3) Kilauea Point National Wildlife Refuge. [...] (yy) Guam. (1) Guam National Wildlife Refuge. (2) [Reserved] [84 FR 47671, Sept. 10, 2019, as amended at 85 FR 54103, Aug. 31, 2020; 86 FR 48849, Aug. 31, 2021; 87 FR 57128, Sept. 16, 2022; 89 FR 88162, Nov. 7, 2024; 90 FR 41912, Aug. 28, 2025]

§ 404.7 Regulated activities. Except as provided in §§ 404.8, 404.9 and 404.10, the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within the Monument without a valid permit as provided for in § 404.11: (a) 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 Monument resource; [...] (h) Possessing fishing gear except when stowed and not available for immediate use during passage without interruption through the Monument; (i) Swimming, snorkeling, or closed or open circuit SCUBA diving within any Special Preservation Area or the Midway Atoll Special Management Area; and (j) Attracting any living Monument resource.

§ 404.4 Access to Monument. (a) Entering the Monument is prohibited and thus unlawful except: (1) As provided in §§ 404.8 and 404.9; (2) Pursuant to a permit issued under § 404.10 or § 404.11; or (3) When conducting passage without interruption in accordance with paragraphs (b) through (f) of this section.

§ 922.244 Prohibited or otherwise regulated activities. (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the sanctuary, except as specified in paragraphs (b) through (f) of this section: (1) Exploring for, developing, or producing oil, gas, or minerals, or any energy development activities; (2) Using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of a sanctuary resource; (3) Introducing or otherwise releasing an introduced species from 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) Commercial fishing, or possessing commercial fishing gear except when stowed and not available for immediate use; (7) Failing to comply with the vessel monitoring system requirements in violation of § 922.246. (8) Failing to comply with ship reporting requirements in violation of § 922.243. (9) Non-commercial fishing, or possessing non-commercial fishing gear except when stowed and not available for immediate use; [...] (11) 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; (12) Attracting any living sanctuary resource; (13) Touching coral, living or dead; (14) Swimming, snorkeling, or closed or open circuit SCUBA diving; [...] (d) The prohibitions in paragraph (a)(9) through (12), and (a)(14) of this section do not apply to non-commercial fishing activities in the Outer Sanctuary Zone authorized under the Magnuson-Stevens Fishery Conservation and Management Act provided that: (1) Fish harvested, either in whole or in part, are not intended to enter commerce and shall not enter commerce through sale, barter, or trade, and that the resource is managed sustainably; (2) Fish harvested, either in whole or in part, are not intended to be sold and shall not be sold for any purposes, including, but not limited to, cost-recovery; and (3) The activities under paragraph (a)(9) through (12), and (a)(14) are only conducted as incidental to and necessary to conduct lawful non-commercial fishing activity.

Midway Atoll Special Management Area means the area of the sanctuary surrounding Midway Atoll out to a distance of 12 nautical miles. The coordinates are listed in appendix C to this subpart. [...] Outer Sanctuary Zone means the waters and submerged lands extending from approximately 50 nautical miles from all islands and emergent lands of the Northwestern Hawaiian Islands to the extent of the seaward limit of the United States Exclusive Economic Zone (U.S. EEZ) west of 163° West Longitude. The precise boundary coordinates for the Outer Sanctuary Zone are listed in appendix B to this subpart.

Regulation of Fishing and Management of Fishery Resources The respective Secretaries may permit noncommercial fishing upon request, at specific locations in accordance with this proclamation. Noncommercial fishing opportunities currently allowed by the U.S. Fish and Wildlife Service at Palmyra Atoll may continue unless the Secretary of the Interior determines such fishing would not be compatible with the purposes of the Palmyra Atoll National Wildlife Refuge. The Secretary shall provide a process to ensure that recreational fishing shall be managed as a sustainable activity in certain areas of the monument, consistent with Executive Order 12962 of June 7, 1995, as amended, and other applicable law. The Secretary of the Interior, in consultation with the Secretary of Commerce, shall have responsibility for management of the monument, including out to 12 nautical miles from the mean low water lines of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, pursuant to applicable legal authorities. However, the Secretary of Defense shall continue to manage Wake Island, according to the terms and conditions of an Agreement between the Secretary of the Interior and Secretary of the Air Force, unless and until such Agreement is terminated. The Secretary of Commerce, through the National Oceanic and Atmospheric Administration, and in consultation with the Secretary of the Interior, shall have primary responsibility for management of the monument seaward of the area 12 nautical miles of the mean low water lines of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, with respect to fishery-related activities regulated pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and any other applicable legal authorities. The Secretaries of Commerce and the Interior shall not allow or permit any appropriation, injury, destruction, or removal of any feature of this monument except as provided for by this proclamation and shall prohibit commercial fishing within boundaries of the monument.

The Monument Expansion includes the waters and submerged lands of Jarvis and Wake Islands and Johnston Atoll that lie from the Pacific Remote Islands Marine National Monument boundary established in Proclamation 8336 to the seaward limit of the U.S. EEZ (as established in Proclamation 5030 of March 10, 1983) of Jarvis and Wake Islands and Johnston Atoll. The Federal lands and interests in lands reserved consist of approximately 308,316 square nautical miles, which is the smallest area compatible with the proper care and management of the objects to be protected. The Secretaries of the Interior and Commerce may permit noncommercial fishing upon request, at specific locations in accordance with this proclamation and Proclamation 8336. The Secretaries shall provide a process to ensure that recreational fishing continues to be managed as a sustainable activity in the Monument and Monument Expansion, in accordance with this proclamation, Proclamation 8336, and consistent with Executive Order 12962 of June 7, 1995, as amended, and other applicable law.

Section 1. The title of Proclamation 8336 is amended to read, "Establishment of the Pacific Islands Heritage Marine National Monument." Sec. 2. The title of Proclamation 9173 is amended to read, "Pacific Islands Heritage Marine National Monument Expansion." Sec. 3. The phrase "Pacific Remote Islands Marine National Monument" is amended to read, "Pacific Islands Heritage Marine National Monument," wherever it appears in Proclamation 8336 and Proclamation 9173.

Between 50 to 200 nautical miles from the landward boundaries of the Monument, the Secretary of Commerce shall not prohibit commercial fishing within the boundaries of the Monument and the Monument Expansion in those areas where the Monument and Monument Expansion is coterminous with the Exclusive Economic Zone of the United States. The implementation of any regulation of commercial fishing within the Monument and the Monument Expansion shall be done in coordination with the Secretary of Defense. Only United States flagged vessels shall be allowed to commercially fish within the boundaries of the Monument and the Monument Expansion, except that permits may be issued to foreign flagged vessels to transship fish harvested by United States fishermen. [...] The Secretary of Defense shall continue to manage Wake Island and Johnston Atoll as specified in Proclamation 8336. [...] Nothing in this proclamation shall change the management of the areas designated and reserved by Proclamations 8336 and 9173, except as explicitly provided in this proclamation.

Proclamation 10918 previously modified the Pacific Remote Islands Marine National Monument by providing, among other things, that the Secretary of Commerce shall not prohibit commercial fishing within specified Monument and Monument Expansion areas. Proclamation 10918 is modified to clarify that the proclamation itself removes monument-based prohibitions on commercial fishing and agency rulemaking is intended to amend or repeal inconsistent regulations. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 320301 of title 54, United States Code, hereby proclaim that Proclamations 8031, 8335, 8337, and 9478 are modified to remove certain monument-based prohibitions on commercial fishing in: (a) the Islands Unit of the Mariana Trench Marine National Monument; (b) the Mau Zone and Ho'omalu Zone and areas seaward of 50 nautical miles within the Papahānaumokuākea Marine National Monument; and (c) waters between 12 and 50 nautical miles surrounding Rose Atoll, consistent with applicable fishery management plans and implementing regulations. Only United States flagged vessels shall be allowed to fish commercially within the boundaries of these monuments, except that permits may be issued to foreign flagged vessels to transport fish harvested by United States fishermen. Nothing in this proclamation alters existing restrictions applicable within 50 nautical miles of the center geographical positions of certain islands and reefs in the Northwestern Hawaiian Islands or within 12 nautical miles of Rose Atoll. Such restrictions may be modified pursuant to applicable statutory and regulatory processes.

This gives public notice of the establishment of the Navassa Island National Wildlife Refuge. A Memorandum of Understanding (MOU) between the Director of the United States Fish and Wildlife Service (Service) and the Director of the Office of Insular Affairs (both within the Department of the Interior) established the refuge on April 22, 1999. On December 3, 1999, the Secretary of the Interior transferred full administrative responsibility for the island and its territorial waters from the Office of Insular Affairs to the United States Fish and Wildlife Service by Secretarial Order 3210. We will continue to administer this area under the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-ee), the general regulations governing the National Wildlife Refuge System published in Title 50, Subchapter C, Code of Federal Regulations, and in accordance with all applicable laws, policies, and rules. The refuge consists of all of Navassa Island located in latitude 18'25'' N and longitude 75'02'' W from Greenwich together with the full extent of its territorial sea, which currently extends outward to 12 miles.