Special Ocean Use Permit Application and Related Reporting

Papahānaumokuākea Marine National Monument
Special Ocean Use Permit Application Instructions
January 2023
Introduction
On June 15, 2006, President Bush established the Papahānaumokuākea Marine National
Monument (Presidential Proclamation 8031, 71 FR 36443, June 26, 2006) under the authority
of the Antiquities Act (Act) (16 U.S.C. 431). The Proclamation reserves all lands and interests
in lands owned or controlled by the Government of the United States in the Northwestern
Hawaiian Islands (NWHI), including emergent lands and submerged lands and waters, out to a
distance of approximately 50 nautical miles (nmi) from the islands. The outer boundary of the
Monument is approximately 1040 nmi long by 100 nmi wide, extending around coral islands,
seamounts, banks, and shoals. The area includes the Northwestern Hawaiian Islands Coral Reef
Ecosystem Reserve, the Midway Atoll National Wildlife Refuge/Battle of Midway National
Memorial, and the Hawaiian Islands National Wildlife Refuge and the Northwestern Hawaiian
Islands State Marine Refuge.
The three principals with responsibility for managing lands and waters of the Monument, the
Department of Commerce, Department of Interior, and the State of Hawaii (collectively the
Co- Trustees), work cooperatively to administer the Monument. This relationship is further
described in the Memorandum of Agreement among the Co-Trustees signed on December 8,
2006.
Permit Application Deadlines
Permit applications must be received by:
● February 1: For activities occurring between June 1 and Aug 31
● May 1: For activities occurring between September 1 and December 31
● September 1: For activities occurring between January 1 and May 31
NOTE: Issuance of a Monument permit is dependent upon the completion and review of the
application and Compliance Information Sheet.
Confidential Information
The Co-Trustees intend to post completed permit applications on the Internet for public review.
Applicants are requested to indicate any information that is considered proprietary business
information. Such information is typically exempt from disclosure to anyone requesting
information pursuant to the Freedom of Information Act (FOIA) and all applicable State law.
NOAA, the U.S. Fish and Wildlife Service and the State of Hawaii attempt to protect such
proprietary information, consistent with all application FOIA exemptions in 5 U.S.C. 552(b)
and applicable State law. Typically exempt information includes trade secrets, commercial and
financial information (5U.S.C. 552(b) (4)). Personal information affecting an individual’s
privacy will also be kept confidential consistent with 5 U.S.C. 552(b) (6) and applicable State

law. Unless such information is so identified, the application may be made available to the
public in its entirety.
Intellectual Property
The permittee retains ownership of any data, derivative analyses or other work product, or any
photographic or video material, or other copyrightable works, but the Federal Government and
the State of Hawaii retain a lifetime, non-exclusive, worldwide, royalty-free license to use the
same for government purposes, including copying and redissemination, and making derivative
works.
Indemnification
The permittee and any person participating in any activity authorized by this permit shall
release, indemnify, and hold harmless National Oceanic and Atmospheric Administration, the
Department of Commerce, the U.S. Fish and Wildlife Service, the Department of the Interior,
the United States Government, the State of Hawaii, and their respective employees acting
within the scope of their duties from and against any claims, demands, actions, liens, rights,
subrogated or contribution interests, debts, liabilities, judgments, costs, and attorney's fees,
arising out of, claimed on account of, or in any manner predicated upon the issuance of this
permit or the entry into or habitation upon the Papahānaumokuākea Marine National Monument
or as the result of any action of the permittee or persons participating in the activity authorized
by this permit.
Reporting Burden
Submittal of the information requested in these guidelines is required to obtain a permit
pursuant to Monument regulations (50 CFR Part 404). This data is to evaluate the potential
benefits of the activity, determine whether the proposed methods will achieve the proposed
results, evaluate any possible detrimental environmental impacts, and determine if issuance of a
permit is appropriate. It is through this evaluation that the Co-trustees are able to use permitting
as one of the management tools to protect Monument resources and qualities.
Public reporting burden for this collection of information, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information is estimated as:
A. Twenty-four (24) hours per response for Special Ocean Use permits;
B. Five (5) hours per response for General (Research, Conservation and Management, and
Education), Native Hawaiian Practices, and Recreation permits;
C. Four (4) hours per response for VMS installation and maintenance;
D. Five (5) minutes per response for entry and exit notices and VMS certification;
E. Five (5) seconds per response for hourly VMS reports.
Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to NOAA/Inouye Regional Center,

NOS/ONMS/PMNM/Attn: Permit Coordinator, 1845 Wasp Blvd, Building 176, Honolulu, HI
96818.

Notwithstanding any other provision of the law, no person is required to respond to, nor shall
any person be subject to a penalty for failure to comply with, a collection of information subject
to the requirements of the Paperwork Reduction Act, unless that collection of information
displays a currently valid OMB Control Number.

Directions for filling out the Monument Permit Application
1. Download the Special Ocean Use permit application form. If you are unsure of the
category for your proposed project, contact the Monument Permit Coordinator
(contact information below).
2. Click on the document to open.
3. You will now be able to type in all the gray text field boxes and check boxes.
4. You will not be able to alter, copy, delete or modify the permit application questions and
cover page in any way.
If you have difficulty filling out the application, contact the PMNM Permit Coordinator at (808)
725-5800 or nwhipermit@noaa.gov.

Send Permit Applications to:
NOAA/Inouye Regional Center
NOS/ONMS/PMNM/Attn: Permit Coordinator
1845 Wasp Blvd, Building 176
Honolulu, HI 96818
nwhipermit@noaa.gov
PHONE: (808) 725-5800
FAX: (808) 455-3093
NOTE: SUBMITTAL VIA ELECTRONIC MAIL IS PREFERRED BUT NOT
REQUIRED. YOU ARE ALSO REQUIRED TO SEND ONE SIGNED ORIGINAL
APPLICATION VIA MAIL TO THE MONUMENT OFFICE ABOVE:

Papahānaumokuākea Marine National
Monument
Special Ocean Use Permit Application Instructions
NOTE: This Permit Application (and associated Instructions) are to propose activities to be
conducted in the Papahānaumokuākea Marine National Monument. The Co-Trustees are
required to determine that issuing the requested permit is compatible with the findings of
Presidential Proclamation 8031. Within this Application, provide all information that you
believe will assist the Co-Trustees in determining how your proposed activities are compatible
with the conservation and management of the natural, historic and cultural resources of the
Papahānaumokuākea Marine National Monument (Monument).

Permit Application Cover Sheet Summary Information
NOTE: The permit application cover sheet is intended to provide summary information on
permit applications for activities proposed to occur in the Papahānaumokuākea Marine National
Monument. Information submitted in this section will be posted on the Monument website to
inform the public regarding projects proposed to occur in the Monument.
Applicant Name: Enter the name of the person who is in charge of the proposed activity and
who will be responsible for all the personnel and actions under the authority of the requested
Monument permit.
Affiliation: Specify the Applicant’s affiliation, if any, in relation to the proposed project.
Proposed Activity Dates: Specify the dates of your activities.
Proposed Method of Entry: Specify whether you will enter the Monument via vessel or
aircraft.
Proposed Locations: Provide a brief summary of the location(s) for proposed activities (e.g.
French Frigate Shoals, or 300-1500 meters depth east of Twin Banks, etc.). NOTE: Specific
GPS and other location information are requested in the Monument Compliance Information
Sheet.
Estimated number of individuals to be covered under this permit: Provide an ESTIMATE
of the number of individuals (including Applicant) to be covered under this permit.
Estimated number of days in the Monument: Provide the ESTIMATED number of days in
the Monument.

Description of proposed activities: Include a brief description of the proposed activities,
including the following:
● Define the objective of the proposed activity (The proposed activity would. . .)
● Identify what the action would entail (To accomplish this activity we would. . .)
● Explain the benefit of the activity to the Monument (This activity would help the
Monument by. . .)
Other information or Background: Include any other information relevant to your proposed
activity summary.

Section A: Applicant Information
1.
State the name and title of the Applicant. The Applicant is the individual who is in
charge of the proposed activity and, therefore, responsible for all the personnel and actions
undertaken under the authority of the any Monument Permit issued pursuant to this
application. Attach the Applicant’s CV, resume or biography if applicable.
1a. If the Applicant will not be present in the Monument for the proposed activities in the
application, provide the full name(s), affiliation(s) and contact information of the person or
persons responsible for ensuring the permit conditions are followed in the Monument. Attach
their respective CV, resume, or biography if applicable.
2.
State the Applicant’s mailing address, phone number, fax number, and email address. If
the Applicant is a student, state the Major Professor’s contact information in addition to his/her
own.
3. Specify the Applicant’s affiliation, if any, in relation to the proposed project.
4.
List all personnel roles and/or names. Include first and last name and/or position
(Research Diver, Field Technician, Medical Assistant, etc.), affiliation, telephone number, and
email address for each individual. If specific names of all participants are not known at the
time this form is submitted, then specific roles must be provided as placeholders for numbers
of persons requested to enter the Monument. The Application Review Committee may
request resumes, biographies, or CVs for any personnel listed, at a later date. Attach
additional information if necessary.
It is the Applicant’s responsibility to keep Monument staff apprised of any proposed personnel
changes. Full names of personnel and roles will be required in the Monument Compliance
Information Sheet prior to issuance of a permit.

Section B: Project Information
5a. Project Location: Check the boxes of all applicable locations where the proposed activities
will occur. Indicate whether your project will occur on land, in the ocean, or both. Also indicate
whether your project will occur in deep water or shallow water, or both. Shallow water is
defined by water less than 100 meters in depth. NOTE: Include alternate locations if
appropriate.
*Check the box if you intend to remain ashore on any island or atoll with the exception of Sand
Island at Midway Atoll and field camp staff on any other island/atoll between sunset and sunrise.
* Location Description: Provide a description of the location of the proposed activity that
includes sufficient detail. Refer to the Monument Compliance Information Sheet for
information on including specific site and collection location(s).
5b. Check all applicable regulated activities proposed to be conducted in the Monument by the
Applicant at any of the locations mentioned in 5a.
*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.
*Drilling into, dredging, or otherwise altering the submerged lands other than by anchoring a
vessel; or constructing, placing, or abandoning any structure, material, or other matter on the
submerged lands.
*Anchoring means dropping anything on to the ocean bottom with the intention of holding
something fast to the bottom. Generally an anchor secures a vessel, but it may also be used for a
mooring or any other item.
*Deserting a vessel aground, at anchor, or adrift.
*Discharging or depositing any material into Special Preservation Areas or the Midway Atoll
Special Management Area except vessel engine cooling water, weather deck runoff, and vessel
engine exhaust.
OR
*Discharging or depositing any material or other matter into the Monument, or discharging or
depositing any material or other matter outside of the Monument that subsequently enters the
Monument and injures any resources of the Monument, except fish parts (i.e. chumming
material or bait) used in and during authorized fishing operations, or discharges incidental to
vessel use such as deck wash, approved marine sanitation device effluent, cooling water, and
engine exhaust.
*Touching any coral, living or dead.

*Possessing fishing gear except when stowed and not available for immediate use during passage
without interruption through the Monument.

*Attracting any living Monument resources.
*Sustenance Fishing means fishing for bottomfish or pelagic species within Federal waters, but
outside of Special Preservation Areas, Ecological Reserves and the Midway Atoll Special
Management Area, in which all catch is consumed within the Monument, and that is incidental to
another activity permitted under Presidential Proclamation 8031.
*Subsistence Fishing means fishing for bottomfish or pelagic species in State waters in which
all catch is for direct personal consumption within the Monument, and that is incidental to
another activity permitted under Presidential Proclamation 8031.
*Swimming means entering the water and propelling oneself by movements of the limbs,
without special equipment of any kind.
*Snorkeling means entering the water and swimming with the aid of a mask, snorkel, and fins, or
any combination of the aforementioned equipment.
*SCUBA Diving means entering the water and submerging oneself with the aid of
self-contained underwater breathing apparatus.
6.
State the purpose of the proposed activities, including the goals and objectives of the
activities.
*Indicate by checking yes or no, whether you intend to film or photograph federally protected
species.
7.
The Secretaries of Commerce and Interior are required to determine that issuing the
requested permit is compatible with the Findings of Presidential Proclamation 8031. Address
the Monument findings below and provide information that you believe will assist the
Co-Trustees in determining your proposed activities are compatible with the conservation and
management of the natural, historic and cultural resources of the Monument:
The Findings are as follows:
a.
How can the activity be conducted with adequate safeguards for the cultural,
natural and historic resources and ecological integrity of the Monument?
b.
How will the activity be conducted in a manner compatible with the management
direction of the proclamation, considering the extent to which the conduct of the activity may
diminish or enhance Monument cultural, natural and historic resources, qualities, and
ecological integrity, any indirect, secondary, or cumulative effects of the activity, and the
duration of such effects?
c.
Is there a practicable alternative to conducting the activity within the Monument?
If not, explain why your activities must be conducted in the Monument.

d.
How does the end value of the activity outweigh its adverse impacts on Monument
cultural, natural and historic resources, qualities, and ecological integrity?
e.
Explain how the duration of the activity is no longer than necessary to achieve its
stated purpose.

f.
Provide information demonstrating that you are qualified to conduct and complete the
activity and mitigate any potential impacts resulting from its conduct.
g.
Provide information demonstrating that you have adequate financial resources
available to conduct and complete the activity and mitigate any potential impacts resulting
from its conduct.
h.
Explain how the methods and procedures proposed by the applicant are appropriate to
achieve the proposed activity's goals in relation to their impacts to Monument cultural, natural
and historic resources, qualities, and ecological integrity.
i.
Has your vessel has been outfitted with a mobile transceiver unit approved by
OLE and complies with the requirements of Presidential Proclamation 8031?
j.
Demonstrate that there are no other factors that would make the issuance of a permit
for the activity inappropriate.
FOR SPECIAL OCEAN USE ACTIVITIES OUTSIDE OF MIDWAY ATOLL SMA
k. Will the activity directly benefit the conservation and management of the Monument?
l. Is the purpose of the activity for research or education related to the resources or qualities
of the Monument?
m. Does the activity involve the use of a commercial passenger vessel (defined as a vessel
that carries individuals who have paid for such carriage)?
FOR SPECIAL OCEAN USE ACTIVITIES WITHIN MIDWAY ATOLL SMA
n. Does the activity further the conservation and management of the Monument?
o. Is your activity compatible with the purposes for which the Midway Atoll National Wildlife
Refuge was designated?
NOTE: If this is a first time Special Ocean Use activity, it will be subject to a pilot project.
Additionally, public notice of the application and an opportunity to provide comments is
given at least 30 days prior to issuing the permit.
8.
Describe the procedures and methods you will use in performing the proposed activity
while within the Monument.
Describe in detail how you will get to your work locations and specific sites (walking,
climbing, wading, swimming, snorkeling, diving, boating, etc.). Will you need to enter a
seabird colony? Will you need access to beaches? Will you work at night?

Will you request assistance from Monument staff to maintain the equipment or collect data in
association with the proposed activity in your absence or presence? If so, describe procedures
for doing so including how often it is to occur and how long it will take per maintenance/data
collection event. Describe how you plan to compensate volunteers for the maintenance or data
collection work.
9.
Provide proof of general liability insurance, or indicate that you will be posting an
equivalent bond against claims arising out of activities conducted under the permit
10.
Please describe if you are collaborating with others to reduce duplicative activities in the
Monument or elsewhere in the State of Hawaii or other Pacific Remote Island National Wildlife
Refuges. Please also list State of Hawaii and U.S. Fish and Wildlife Service permit numbers for
any relevant collaboration related to this project, including projects in the main Hawaiian
Islands and Pacific Remote Islands National Wildlife Refuges. If any permit applications for
related special ocean use activities are under review at any of the above agencies, please provide
us with that information.
11.
Provide a complete itemized list of work related gear/equipment/supplies, including
camera equipment, dive equipment, etc. that will be taken into and removed from the
Monument. If you wish to store any items on any island between field seasons, request so here.
Indicate how and where you propose the stored items be kept. If you propose to take any work
or personal items ashore that will require use of resources (electrical, power, water, or other
resources) also describe that in this section.
12. For any Hazardous Materials also include the following information:
*List all hazardous materials by common name, proper shipping name, hazard class, and
amount to be taken into the Monument. Provide a Material Safety Data Sheet for each
hazardous material.
*Describe how each hazardous material will be contained and stored while in the Monument.
*Describe how each hazardous material will be used for the proposed activity. Describe how
and when each hazardous material will be removed from the Monument.
NOTE: The Principal Investigator (Applicant) is responsible for disposal of, storage or
unauthorized use of any left-over hazardous materials from any permitted activity.
13.
If applicable, indicate the types of permanent or semi-permanent installments you would
like to install in the Monument, and answer the following questions:
*What is it made of?
*What will be installed?
*How will it be installed?
*Where will it be installed?
*How long will it be installed?
*Will the installation require maintenance? If so, who will conduct the maintenance and how
often?
*How and when will the installation be removed?

14. List all Applicant’s publications directly related to the proposed project.