Uune 1975)

U. S. Fish and \Wildlife Service INTER-OFFICE1 TRANSMITTAL

INSTRUCTIONS: Attach securely to material to be transmitted & mail through regular chann To: Director, Regular Mail

' Regional Director. | | Air Mail

Project Leader, 1 J Action Vf /)v77 ^JfY]C^ |\^ Information ,S\ f / / From Office Date /ra r^/Q^ W OU.L Oi/Yl oV, I lUj l\ SURVEY AND ASSESSMENT of the LIVING RESOURCES of the NORTHWESTERN HAWAIIAN ISLANDS

A Tripartite Cooperative Agreement

With the signatures below, this Tripartite Cooperative Agreement: is entered into between the National Marine Fisheries Service of the U.S. Department of Commerce, the Department of Land and Natural Resources of the State of Hawaii, and the Fish and Wildlife Service of the U.S. Department of the Interior.

Signed this date Director National Marine Fisheries Service

Signed this date Director Fish and Wildlife Service

Signed this date Chairman Board of Land and Natural Resources

Signed this date Member Board of Land and Natural Resources PURPOSE OF THE SURVEY AND ASSESSMENT

The parties to this Tripartite Cooperative Agreement have certain responsibilities and overlapping interests in the islands and surround- ing waters constituting the Northwestern Hawaiian Islands. These islands, in order from east to west, are Nihoa, Necker Island, French Frigate Shoals with La Perouse Pinnacle, Gardner Pinnacles, Maro Reef, Laysan Island, Lisianski Island, Pearl and Hermes Reef (an atoll), Midway Islands, and Rure Island (an atoll). Midway Islands (the entire atoll) is currently occupied as a military installation under the administration and jurisdiction of the U.S. Department of Defense; this atoll is not part of the State of Hawaii. Kure Island is under the administration and jurisdiction of the State of Hawaii, is a State Wildlife Refuge, and is the site for a U.S. Coast Guard loran station. The balance of these areas have been designated a National Wildlife Refuge since 1909 and a State Wildlife Refuge since 1952. As such, these areas are currently under the administration and jurisdiction of the U.S. Fish and Wildlife Service. In recent years there has been a growing interest in the exploration of the waters surrounding the Northwestern Hawaiian Islands for the purpose of harvesting certain of the fisheries resources. Unfortunately, there is a dearth of ecological information upon which to base management decision on long-range use of the aquatic resources and protection of both the aquatic and terrestrial resources of these islands. THE PURPOSE OF THIS TRIPARTITE COOPERATIVE AGREEMENT IS TO PROVIDE A DETAILED SURVEY AND ASSESSMENT OF THE BIOLOGICAL RESOURCES OF THE NORTHWESTERN HAWAIIAN ISLANDS TO FORM A FOUNDATION UPON WHICH TO BASE MANAGEMENT DECISIONS CONCERNING LONG-RANGE USES AND PRESERVATION OF THESE LIVING RESOURCES.

OBJECTIVES OF THE SURVEY AND ASSESSMENT

It is the intent of the parties to this Tripartite Cooperative Agreement that an intensive 5-year cooperative program be undertaken upon the signing of this Agreement to accomplish a survey and assessment of the land and marine resources of the Northwestern Hawaiian Islands that would consist of an investigation of the terrestrial, nearshore, slope, and pelagic resources of the area, as well as their interrela- tionships. More particularly, the survey and assessment is to accomplish the following objectives, among others:

1. Determine a base line magnitude of the wildlife resources of the Northwestern Hawaiian Islands, including the seabirds, Hawaiian monk seal, green sea turtle, and four endemic, endangered species of land birds;

2. Determine the interaction and dependence of wildlife species with and upon the living marine resources of the surrounding waters;

3. Provide base line populations data on the living marine resources upon which the wildlife resources prey; 4. Determine the extent of living marine resources within the nearshore zones and the slope and pelagic zones of the study areas, as well as the seamounts within the Fishery Conservation Zone surrounding, the study areas; 5. Assess the impact of proposed commercial and recreational fishing activities on these living marine resources and upon the associated wildlife resources; 6. Provide whatever other information may be pertinent to a rational determination of the desirability or nondesirability of permitting commercial and recreational fishing in waters surrounding: the Northwestern Hawaiian Islands. 7. There is currently a dispute between the State of Hawaii and the Federal Government concerning the exact boundaries of the Hawaiian Islands National Wildlife Refuge; however, it is not the objective of this cooperative study to resolve that issue. Nothing in this Agreement is intended to detract from or add to the respective positions of the parties in this issue.

RESPONSIBILITIES OF THE SIGNATORIES

The general areas of responsibility for accomplishing the Objectives of the Survey and Assessment for each of the three signatories to the Tripartite Cooperative Agreement are described below. Detailed research plans and procedures for the signatories, or their research or management units, as well as other researchers appear in Appendices to this Agree- ment. Also, it is recognized that each of the signatories have certain legal responsibilities and obligations as to those areas within their respective jurisdictions and to that end certain restrictions will be imposed upon research personnel during operations within the Northwestern Hawaiian Islands. Relevant laws, executive orders, regulations, artA specific restrictions, both State and Federal, are described in. Appendix B. The National Marine Fisheries Service assumes the lead role in th-e implementation of this Tripartite Cooperative Agreement and as such, will designate a Coordinator, Northwestern Hawaiian Islands Study, who ±s responsible for the issuance of progress reports at least annually, coordination of research activities and personnel among the three signatories, and the compilation and distribution of the final report. The Towns end Cromwell, assigned to the Honolulu Laboratory and operated by the U.S. Department of Commerce, National Ocean Survey, will be made available as the basic research platform for this survey and assessment. The National Marine Fisheries Service has the responsibility to survey and assess the insular, seanount, and pelagic fishery and other fish resources of the study area. The assessments will provide informa- tion necessary for an understanding of the interrelationships that may exist between land-associated and offshore biota and for an understand- ing of the potential commercial and recreational utilization of the fishery resources. Insular surveys will include the outer shelf, shelf edge, and upper slope zone as well as the overlying waters in depths of 20 to 600 m. Seamount surveys will be carried out in those areas having relevancy to the Fishery Conservation and Management Act of 1976. And, pelagic surveys will be conducted in waters adjacent to the tngtilar areas and will emphasize the smaller species of tunas. The Marine Mammal Division, Northwest and Alaska Fisheries Center (NWAFC) National Marine Fisheries Service (NMFS) in cooperation with the Fish and Wildlife Service and the Hawaii Department of Land and Natural Resources will continue surveys of the Hawaiian monk seal to determine its current status including estimates of the total population, behavioral traits relating to census information, mortality, age, sex ratios, food habits, recruitment of females, critical habitat, and human disturbance tolerance. The effects of proposed fishery activities upon the monk seal population will be estimated.

The State of Hawaii, Department of Land and Natural Resources, has the responsibility to survey and assess the fishery and other fish, resources of the "nearshore zone," which is here defined as (1) the splash zone, the fast land area exposed to spray and under the influence of waves, (2) the inner nearshore zone, the underwater area from the shoreline to a distance of about 6 m from shore, and (3) the outer nearshore zone, the water area beyond 6 m from shore ending at a depth of about 20 m. These fish resources will be inventoried in order to gain an understanding of the interrelationships that may exist between - land-associated and nearshore biota and to assess the potential impact of utilization of the fishery resources by commercial or recreational fishing operations. The Department of Land and Natural Resources will work cooperatively with the Fish and Wildlife Service and the Marine Mammal Division, NWAFC, NMFS, in acquiring base line data on marine birds, marine turtles, terrestrial birds, and the Hawaiian monk seal. The Fish and Wildlife Service (FWS) has responsibility to study and assess avian resources of the Hawaiian Islands National Wildlife Eefuge that will include determining a base line magnitude of the marine birds, an inventory of the food utilized, major feeding areas, and consumptive rates. These studies in conjunction with the assessment of fish resources by the other cooperating agencies will lead to an assessment of the potential effect of commercial and recreational fishing upon the associated marine birds.

All signatories to the Agreement have an interest in the green sea turtle that inhabits the waters of the Northwestern Hawaiian Islands as well as the main Hawaiian Islands, and all have some jurisdiction over the management of these resources. The signatories intend to support a. study which will include a tabulation of adult turtles, their distribu- tion and daily activities, and an inventory of food types and abundance on shoal areas, and resolve to work out a mutually acceptable means of financial support.

REVISIONS TO THE AGREEMENT

This Tripartite Cooperative Agreement, containing the purpose and objectives of the survey and assessment and the responsibilities of the signatories, is not expected to need revision; however, should such need arise the revised Agreement must be approved by signature of the Director, National Marine Fisheries Service, the Director, U.S. Fish and Wildlife Service, and the Chairman and a member of the Board of Land and Natural Resources. The Appendices shall be prepared by the appropriate party of parties and shall be exchanged by letters of transmittal, receipt and acceptance of which shall be acknowledged. 5 APPENDIX A

BACKGROUND INFORMATION ON THE NORTHWESTERN HAWAIIAN ISLANDS

DESCRIPTION

The Hawaiian Islands are an archipelago made up of 132 islands, reefs, and shoals stretching southeast to northwest, from the "Big Island" of Hawaii to tiny Kure Island (Figure 1). The archipelago straddles the Tropic of Cancer between long. 155° and 179°W, presenting to view the small emergent tips of a massive range of undersea volcanic mountains. This chain can be separated roughly into three geologic sections: (1) the eight main islands (Hawaii, Maui, Oahu, Kauai, Molokai, Lanai, Niihau, and Kahoolawe) and the small islands off their shores^ (2) the rocky islets in the center, and (3) the low islands of sand and coral at the northwest end. The Northwestern Hawaiian Islands, called also the Leeward Islands, comprise those in the latter two groups. In order from east to west, they are Nihoa, Necker Island, French Frigate Shoals with La Perouse Pinnacle, Gardner Pinnacles, Maro Reef, Laysan Island, Lisianski Island, Pearl and Hermes Reef, Midway Islands, and Kure Island. In addition to emerged lands, numerous guyots, seamounts, shoals, and banks occur as structural parts of the leeward archipelago. These islands and their surrounding waters are the home of millions of seabirds, small populations of endemic land birds, the Hawaiian monk seal, the green sea turtle, and numerous finfish and shellfish species. With the exception of Midway Islands and Kure Island, these islands now make up the Hawaiian Islands National Wildlife Refuge. With the exception of Midway Islands, these islands now aake up the State Wildlife Refuge. Portions of the area have recently been proposed for official, federal wilderness status as discussed later.

HISTORY Available records indicate that Necker Island and French Frigate Shoals were the first two islands discovered by western people. In November 1786, the French navigator La Perouse sighted both, coming perilously close to losing his two vessels on the shoals which he named "Shoal of the French Frigates." Between then and 1858, when Midway Islands was discovared, all of the Northwestern Hawaiian Islands became known to the outside world. The more geographically remote and topographically inhospitable islands continued to lie undisturbed, home to the seabirds, endemic terrestrial birds, insects, and scrub vegetation. But where modern man could land, he did, and.xrfiere there was something to take, he took it. Beginning in 1890, the flat sand and coral islands of Laysan and Lisianski, splendid microcosms containing a unique variety of plant and animal life, were subjected first to guano diggers and then to plume hunters. Rabbits, introduced by guano diggers, ate up the islands' protective vegetation. Seabirds b)' the hundreds of thousands died in the resulting sandstorms or were killed for their plumage. This ravage brought about one of the country's earliest conservation measures: In. 1909 President Theodore Roosevelt set aside the islands from Nihoa to Pearl and Hermes Reef and Kure Island as the Hawaiian Islands Bird Reservation, a preserve and breeding ground for native birds. The Hawaiian Islands Bird Reservation was redesignated the Hawaiian Islands National Wildlife Refuge in 1940 and in April 1952 the State designated these same islands as a State Wildlife Refuge. Then in 1966, they became part of the overall National Wildlife Refuge System. The refuge is under the jurisdiction and administration of the Fish and Wildlife Service, U.S. Department of the Interior. The last two islands of the archipelago, Midway Islands and Kure Island, are not now part of the Federal refuge. Midway Islands is currently occupied as a military installation under the jurisdiction and administration of the U.S. Department of Defense. Kure Island was placed under the jurisdiction, of the U.S. Navy in 1936 by Executive Order No. 7299 and was returned to the Territory of Hawaii by Executive Order No. 10413 in November 1952. U.S. Coast Guard loran stations are maintained on Kure Island and Tern Island, French Frigate Shoals.

RESOURCES

Although there is much known concerning the terrestrial ecology of the Northwestern Hawaiian Islands, the marine environment of the area is one of the least known of any shelf area in the United States. This lack of information is primarily due to the geographic sprawl of the islands themselves and their distance from population centers. Only a few oceanic research expeditions have investigated this region. The U.S. Fish Commission's Albatross Expedition in 1902 was the first. Others have been undertaken under the auspices of the U.S. Navy, the Bernice P. Bishop Museum in Honolulu, the Honolulu Laboratory, National Marine Fisheries Service, and the University of Hawaii.

The most visible of the resources of the Northwestern Hawaiian Islands are the seabirds that nest and breed there. More than 10 million seabirds depend upon the Hawaiian Islands National Wildlife Refuge for nesting habitat. Among the 18 different species present are albatrosses (2), terns (6), shearwaters (2), petrels (3), boobies (3), and frigate and tropic birds (1 each). There are also four endangered endemic land birds, .including the Laysan duck, Laysan finch, Nihoa finch, and the Nihoa nillerbird.

Also dependent upon the islands and surrounding waters are the endangered Hawaiian monk seal and the green sea turtle. Almost the entire world population of the Hawaiian monk seal resides on the Refuge with the most recent count numbering approximately 1,000 individuals. French Frigate Shoals is an important nesting site for the green sea turtle. Guano was mined over about a 20-year period beginning in 1890. The land supply is now considered to be economically depleted, although phosphorite deposits in the shallow reefs and nearshore terraces may be substantial. A pearl oyster industry flourished briefly in tbe- early 1900's at Pearl and Hermes Reef; this resource is also depleted.

Marine resources of the Northwestern Hawaiian Islands are poorly- known. The shallow waters of the Refuge are said to contain an abundance of jacks, 'parrotfishes, rudderfish, sharks, squirrelfishea, surgeonf ishes, threadfin, and wrasses, and an undetermined amount of baitfish in some areas. Foreign vessels fish for tuna, other pelagic and insular fishes, precious coral, and whales in waters over seamauzrts and off of the insular areas. In the summer of 1974, Japanese pole— and-line tuna fishing vessels landed some 1,350 tons of skipjack a^t yellowfin tunas from waters near the Northwestern Hawaiian Islands. According to published reports, foreign trawlers operating mostly along the chain of seamounts northwest of the Northwestern Hawaiian Islands have taken annual catches estimated to exceed 30,000 tons, principally of the pelagic armorhead. These foreign catches have seldom been: substantiated by local Hawaiian commercial and recreational fishermen because in the past their vessels were not generally constructed for such long-distance travel. Reports of superb recreational fishing emanate from military personnel and others with duties at Tern Island on French Frigate Shoals, Kure Island, and Midway Islands.

In late 1975 and 1976, the Honolulu Laboratory, National Marine- Fisheries Service, sampled finfish and shellfish resources using a bottom trawl, fish and lobster traps, and handline gear and found indications of sizable lobster and certain bottom fish resources. A preliminary survey of nearshore and shoreline fishery resources was conducted by the State Division of Fish and Game and the Honolulu Laboratory in May 1976. Findings indicated a fish community heavily dominated by higher trophic level species, such as jacks and sharks. However, State and Federal agencies alike recognize the information, thus far obtained on the marine resources of the area is far from, adequate.

INCREASING INTEREST AND THE NEED FOR ANSWERS Interest in the area today arises not so much from what is known but from incomplete, but tantalizing, reports on the potential of the area and to a largs extent simply from pressures caused by a burgeoning human population. This interest is most commonly seen as a search for additional supplies of food. In recent years, waters surrounding the Northwestern Hawaiian Islands have received increasing attention from both foreign and domestic fishermen. Several kinds of foreign fishing vessels have been fishing in the vicinity of the Hawaiian Archipelago, for example, tuna pole-and-line vessels, tuna longline vessels, trawlers, coral draggers,. 8 and handline vessels. Local Hawaiian commercial fishermen, their total average harvest amounting to 7,000 tons annually, are interested in both inshore and offshore fishery resources that may exist there, and feel that a logical expansion of their present fishery is to the northwest. Whereas in the past, the local fleet of small wooden sampans were primarily limited to fishing within the main Hawaiian Islands, today large, modern fishing vessels are beginning to appear in Kewalo Basin and Honolulu Harbor on the island of Oahu. These newer vessels, refrigerated and with cruising ranges of hundreds to thousands of miles, can travel with relative ease to and from more distant fishing grounds, and some now fish in the lower areas of the Northwestern Hawaiian Islands. Moreover, the demand for quality recreational fishing by visitors and residents has increased to the extent that there is growing effort to expand the range of sport fishing trips northward beyond the main Hawaiian Island. Fishing around Kaula Island is common and trips northward to Nihoa are increasing.

These interests, and fishing activities, pose many questions regarding the resources of the Northwestern Hawaiian Islands. Do these islands harbor fish and shellfish in sufficient quantities to increase the amount of fresh table fish for the inhabitants of the main Hawaiian Islands? Is there enough baitfish to augment the present uncertain supply of bait available to the local skipjack tuna fishery? What marine resources are available in commercial quantity beyond the near- shore area? What is the potential for recreational fishing in the Northwestern Hawaiian Islands? If foreign vessels apply for permits to fish certain species of fishes under the Fishery Conservation and Mangement Act of 1976, what quotas will we set? Will the potential for domestic fisheries development be protected? If extended fisheries jurisdictions of other nations encourage domestic fishing in the North- western Hawaiian Islands, how will this impact on the resources? These are a few of the important questions requiring answers. There are also other considerations.

An infant industry with considerable promise in Hawaii is the making of jewelry from precious coral. A survey of the possible precious coral resources of the Northwestern Hawaiian Islands is desirable, along with proposals for controlling its harvest. Manganese nodules are known to be present on the ocean floor around the Hawaiian Islands especially on volcanic terraces in depths in excess of 600 fathoms and on the deep seabed. Mining of these novel sources of valuable metals such as copper, nickel, cobalt, manganese, and iron is anticipated by scientific and industrial communities around the world, and would bring ships and equipment into local waters. Should such mining activities materialize, base line biological data will be needed to assess the potential impact of the mining. Domestic interest in the area also comes from conservationists, both within and outside the government. They are concerned about; the impact of human activity on the plant and animal life of the Hawaiian Islands National Wildlife Refuge as well as on Kure Island *md Midway Islands. Reef ecologists would like to retain reef areas in as natural a state as possible, free from additional human disturbance. The Fish and Wildlife Service is charged by law with assuring the survival of Refuge wildlife, and the National Marine Fisheries Serxrfce is likewise charged with enforcing the Marine Mammal Protection: Act of 1972. The State of Hawaii would like to respond wisely to the wishes of its residents, which include both the demand for multiple uset of the Northwestern Hawaiian Islands area and the insistence on adequate: protection of its varied natural endowments. Concern is not only for the millions of seabirds that inhabit the islands, but also for- t&e Hawaiian monk seal and the green sea turtle. Will the mere prese-ace of humans endanger the wildlife inhabitants of the Refuge? Will a corttrollec harvest of the fishery resources work a hardship on the wildlife inhabitants of the Refuge, which depend upon the surrounding waters for food? These are but two of the more important questions that may be= asked. 10

APPENDIX B

STUDY OPERATIONAL RESTRAINTS

As stated in the Tripartite Cooperative Agreement, due to the unique status of the Northwestern Hawaiian Islands as both the National Wildlife Refuge and a State Wildlife Refuge, as well as the presence in the Northwestern Hawaiian Islands and adjoining waters of various forms of wildlife which have been declared to be endangered or threatened, certain restrictions as to use of this area must be imposed not only upon the general public but also upon the research and support personnel undertaking the studies that are the subject of the Tripartite Cooperative Agreement. Applicable Laws and Regulations The following statutes, regulations, and designations are among those applicable to the Northwestern Hawaiian Islands:

FEDERAL

1. Presidential Executive Order No. 1019, dated February 3, 1909: designated the Northwestern Hawaiian Islands as the "Hawaiian Islands Reservation" and set the area aside as a bird preserve. 2. Presidential Proclamation No. 2416, dated July 25, 1940: changed the name to "Hawaiian Islands National Wildlife Refuge."

3. Wilderness Act of September 3, 1964 (78 Stat. 890; 16 U.S.C. § 1131): Some 1,742 acres of emergent land within the Refuge have been proposed as wilderness under this Act. If Congress enacts this designation, the limitations contained in this Act will also apply to the Refuge. 4. National Wildlife Refuge System Act of October 15, 1966 (80 Stat. 929; 16 U.S.C. §§ 668dd et seq.); Incorporated Hawaiian Islands National Wildlife Refuge into national "Refuge System" and gave Secretary of the Interior authority to administer and preserve the "system." 5. Subchapter C, Parts 25 et seq., cf Title 50 Code of Federal Regulations: Sets forth the regulations applicable to National Wild- life Refuges. 6. On February 3, 1967, the Director of the then Bureau of Sport Fisheries and Wildlife designated the Northwestern Hawaiian Islands as "Research Natural Areas": The effect of this designation is to prohibit uses or development which are inconsistent with natural development so as to provide base line control data for scientific research. 11 7. National Environment Policy Act of 1969 (83 Stat. 852; 42 U.S.C. § 4321): Requires that Federal agencies issue an environmental impact statement for any "major Federal action" which may significantly affect the quality of the human environment.

8. Marine Mammal Protection Act of 1972 (86 Stat. 1027; 16 U.S.C. § 1361): Provides restrictions relating to the conservation and the protection of marine mammals. 9. Endangered Species Act of 1973 (87 Stat. 889; 16 U.S.C. § 1531): Provides for the conservation and protection of endangered and threatened species of fish, wildlife, and plants. » 10. Various rules and regulations promulgated by the Secretary of the Interior or the Secretary of Commerce incident to the above authorities.

STATE OF HAWAII

1. Organic Act of April 30, 1900 C 339, 31 Stat. 141 created and provided a government for the Territory of Hawaii consisting of the following islands within the Hawaiian group; Hawaii, Maui, Oahu, Kauai, Molokai, Lanai, Niihau, Kahoolawe, Molokini, Lehua, Kaula, Nihoa, Necker, Laysan, Gardiner [Gardner], Lisiansky [Lisianski], Ocean [Kure], French Frigate Shoal[s], Palmyra, Books Shoal, Pearl and Hermes Reef, Gambia Shoal, and Dowsett and Maro Reef. 2. Admission Act of March 18, 1959, P.L. 86-3, 73 Stat. 4 provided for the admission of the State of Hawaii into the Union. The Act specified that the State of Hawaii shall consist of all the islands together with their appurtenant reefs and territorial waters included in the Territory of Hawaii on the enactment date, except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (offshore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters. 3. The Constitution of the State of Hawaii was accepted, ratified, and confirmed by Congress by the Act of March 18, 1959 and became effective on August 21, 1959 upon the issuance of a Presidential Proclama- tion admitting the State of Hawaii into the Union. Pertinent provisions of the Constitution are as follows:

(Article X, Section 3) - Designates all fisheries in the sea waters of the State not included in any fish pond or artificial inclosure as free to the public and subject to vested rights and the rights of the State to regulate. 12

(Article XIII, Section 1) - Establishes the boundaries of the State of Hawaii as those islands, together with, appurtenant reefs and territorial waters included in the Territory of Hawaii on the date of enactment of the Admission Act;. (Article XVI, Section 9) - Provides mechanism for State to condemn and purchase all vested rights in fisheries in the sea waters not included in any fish, pond or artificial inclosure for the use of the public. / 4. Resolution No. 7 of the Board of Commissioners of Agriculture and Forestry, Division of Fish and Game, Territory of Hawaii dated April 25, 1952 declared those islands to the north 'and west of KauadL known as the Leeward Islands and designated as the Hawaiian Islands National Wildlife Refuge by Presidential Proclamation of July 25, 1940, to be a Refuge subject to State regulations. 5. Hawaii Revised Statutes, Chapters 187 through 192: Pertains to the Department of Land and Natural Resources and its authority to protect, propagate, increase, or manage fish or wildlife resources within the State and waters subject to its jurisdiction through formulating fish and wildlife programs and making, amending, and enforcing applicable laws consistent with these purposes.

6. Various rules and regulations promulgated by the Department of Land and Natural Resources pursuant to the above. Specific Study Restrictions

In view of the foregoing applicable laws and regulations, th.e follow- ing specific restrictions are imposed upon the conduct of the studies incident to the Cooperative Agreement:

GENERAL Within the disputed boundary area of the Hawaiian Islands National Refuge the following activities are prohibited: 1. The taking of any fish, coral, or other aquatic organisms except for research purposes as specified in these appendices to the Agreement. 2. Fishing for sport or food purposes. 3. Dumping of garbage, rubbish, or any other debris. 13

FEDERAL Pursuant to the above-cited Federal authorities the following conditions and restrictions apply to study personnel, equipment, and procedures as to activities within the Hawaiian Islands National Wildlife Refuge: 1. Upon execution of the Tripartite Cooperative Agreement, the Agreement and the following conditions shall apply in lieu of Special Use Permits except as stated herein.

2. The taking of any plant or animal except for research purposes as specified in these appendices to the Agreement is prohibited, unless authorized in writing by the Hawaii Administrator, FWS1. Scientific collections must be accomplished by such other. State or Federal permits as required; e.g., the collection of endangered species,

3. No harrassment or undue stress will be placed on any organism within the Refuge.

4. All clothing and gear must be checked before entry onto the islands and be free of all foreign plants, seeds, animals, or insects.

5. All trash and refuse brought onto the islands must be removed upon departure.

6. Camping will be allowed in areas designated by the Hawaii Administrator, FWS.

7. Specific restrictions regarding activities affecting individual species:

a. Monk seal. Unless otherwise approved as part of a research proposal:

(1) Persons must maintain a distance from all monk seals that will present no harrassment of any kind. Experience indicates that a minimum distance of 100 feet is desirable. (2) At no time should a person come between a female and pup, nor should a person pass close to a female when a pup is between them.

(3) Persons should pass high on the beach (near vegetation line) when seals are near the water's edge, and vice versa.

aThe Hawaii Administrator, FWS, may, of course, designate a representative to act in his stead. 14

(4) During the pupping season from April or May through. - July, all personnel are prohibited from entry onto the following Refuge islands: French Frigate Shoals (Whale-Skate, Trig, Round, and East Islands), Laysan Island (except for campsite), Lisianski Island, Pearl and Hermes Reef (all islands). (5) Prohibitions 7.a.(l)-(4) will apply unless waived by the Hawaii Administrator, FWS, or Administrator, Western Pacific Program Office, Southwest Region, NMFS, under applicable portions of the Marine Mammal Protection Act of 1972 and Endangered Species Act of 1973, and the proposed "Memorandum of Agreement Between the National Marine Fish- eries Service, Southwest Region, and the U.S. Fish and Wildlife Service, Hawaiian Islands National Wildlife Refuge, Regarding Management and Protection of the Hawaiian Monk Seal, Monachus schauinslandi)." b. Sea turtles. Unless otherwise approved as part of a research proposal: (1) Persons must maintain a distance from all sea turtles that will present no harrassment of any kind. Experience indicates that a minimum distance of 50 feet is desirable.

(2) Do not approach egg-laying females. (3) Do not approach or "inspect" turtle pits. Keep all activities near pits to absolute minimum. (4) Do not attempt to intercept newly hatched turtles.

(5) Do not pass between basking turtles and the shoreline. c. Seabird colonies. Island interior. Generally, most persons will have no need to enter the interior of any Refuge Island. Those projects which require entry will be approved specifically by the Hawaii Administrator or his representative, otherwise no other entry into the interiors will be allowed. When entry into the interior is approved, the following restrictions will then apply: (1) Nesting colonies will be avoided whenever possible. (2) Travel through the interior will be confined to designated routes to avoid damage to burrows and to minimize conflict vith wildlife. (3) Incubating birds and colonies with downy young should be avoided whenever possible where Laysan or Nihoa finches may cause depredation problems. 15

(4) The lagoon at Laysan Island is off limits from May through August except when visits are specifically authorized by the Hawaii Administrator, FWS (see footnote 1). 8. The Hawaii Administrator, FWS (see footnote 1), may at his discretion remove any persons or equipment, or modify activities which he deems to be in conflict with the welfare of the Refuge and its resources, even if otherwise approved under this Agreement if experience demonstrates a need therefore. Likewise, if experience also demon- strates that certain of the above restrictions may be lifted or liberalized, the Hawaii Administrator may do so. 16

APPENDIX C

MANPOWER AND FUNDS COMMITMENTS

FISH AND WILDLIFE SERVICE

1. FY 1977 - $12,000

One part-time marine bird biologist Administrative support - Assistant Refuge Manager as required. 2. FY 1978 - $69,000/year

One full-time marine bird biologist Two part-time turtle biologists Administrative support - Assistant Refuge Manager as required.

NATIONAL MARINE FISHERIES SERVICE, SOUTHWEST FISHERIES CENTER, HONOLULU LABORATORY

1. FY 1977 - $230,000

Coordinator, Northwestern Hawaiian Islands, half time Assessment and Development of Insular Resources Task Leader of Task, full time Fishery Biologist (Research), full time Three Biological Technicians (Fisheries), full time Two Biological Technicians (Fisheries), part time Other temporary seagoing personnel. 2. FY 1978-81 - approximately $250,000

Coordinator, Northwestern Hawaiian Island study, quarter time Other positions remaining essentially the same.

FISH AND WILDLIFE SERVICE2 AND NATIONAL MARINE FISHERIES SERVICE3 COOPERATIVE MONK SEAL STUDY, FY 1977

1. Charter vessel, FY-1977

15-24 Feb. Establish Laysan team 10-day trip = 7.5K 5-24 Apr. Vessel survey supply 20 days = 15.OK Laysan

2U.S. Department of the Interior, Fish and Wildlife Service, Division of Cooperative Research, Alaska.

3Marine Mammal Division, NWAFC, NMFS. 17

15-22 June Supply Laysan team 8 days = 6.OK 28 Aug.- Break Laysan camp 10 days = 7.5K 6 Sept. _____ 36.OK

(Vessel charges split 50-50 FWS and NMFS. Transport for Pearl and Hermes-Midway for survey team 30 April.)

2. Aircraft charter (figures at $240/h and 22 h/survey)

15-16 Mar. 10-11 May J- NMFS 16.5K 15-16 June

3. French Frigate Shoals study FWS 10.OK Kure Island study FWS 10.OK Personnel contract (estimated) 17.5K Equipment 10.OK

47.5K

TOTAL 100.OK

4. National Marine Fisheries Service Funding Input 30.OK Budgeted 30.OK Endangered species supplemental funds 10.OK Marine Mammal Commission Marine Mammal Commission - Monachus study contract

Aerial survey 20.OK Laysan study team 18.OK

38.OK

NATIONAL OCEAN SURVEY, Townsend Cromwell (FRS-43)

1. Ship's crew—16, excluding the scientific complement

.2. Cost

Fiscal year Sea days Dollars

1977 178 380,208 1978 153 343,179 1979 180 423,900 1980 180 444,960 1981 181 467,280 18

1- FFY 1976-77

$16,500 for the

- *T 1977-7—o8

$110,000 unprogranmed

3 - Budget for remaining years o 19

APPENDIX D

SCHEDULE OF IMPLEMENTATION

NATIONAL MARINE FISHERIES SERVICE, SOUTHWEST FISHERIES CENTER, HONOLULU LABORATORY

1. The cruise schedule of the Townsend Cromwell appears in Table Dl. Not all of the days at sea will be utilized "by the Honolulu Laboratory. Part of each cruise to the Northwestern Hawaiian Islands can be used by the Hawaii Division of Fish and Game, the Fish and Wild- life Service, and other cooperating agencies.

2. Vessel charter (planned for but not effected at this time)-

25 Apr.-4 May Trapping and trolling survey 10 days (Not scheduled) Trapping and trolling survey 10 days

STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES, DIVISION 0? FISH AND GAME

Tentative survey periods appear in Table D2. Specific time scheduling in conjunction with cruises scheduled by the Honolulu Laboratory have not been completed.

FISH AND WILDLIFE SERVICE (see footnote 2) AND NATIONAL MARINE FISHERIES SERVICE (see footnote 3) COOPERATIVE MONK SEAL STUDY

1. 1977 survey plans

1 Feb.-l June Monk seal (FWS), Kure Island 121 days study 15-24 Feb. Monk seal, established Laysan team 10 days 1 Mar.-15 June Monk seal (FWS), French Frigate 107 days Shoals study 15-16 Mar. Monk seal, aerial survey 22 h 5-24 Apr. Monk seal, vessel survey, supply 20 days Laysan team 10-11 May Monk seal, aerial survey 22 h 15-16 June Monk seal, aerial survey 22 h 15-22 June Supply Laysan Island team 8 days 28 Aug.-6 Sept. Vessel-break Laysan camp 10 days 20

Table Dl. -Cruise schedule of the Townsend Cromwell.

FY 1977

Bays Cruise Date Shore . at time1 Area and of operation No. Start End sea

TC-76-06 10/05/76 12/03/76 50 NWHI-insular resources survey, (TC #73) tuna physiology (completed)

TC-77-01 1/05/77 3/25/77 73 Equatorial central Pacific porpoise (TC #74). survey (completed)

HAUL OUT April Honolulu

TC-77-02 5/02/77 8/17/77 104 10 NWHI-insular resources survey and (TC #75) nearshore resources survey, live

C 9/ 5/77 9/30/ 23 NWHI-insular resources survey; main (i c"71) ° " islands-physiological ecology, aggregation, ika-sibi

Total 250

FY 1978

(Continuation) (completed)

(continued)

TC-77-04 11/17/77 12/21/77 30 2 Equatorial central Pacific- aggregation objects (completed)

(TC7^ 1/04/78 3/20/78 67 NWHI-insular resources survey

HAUL OUT April

N. Mariana Islands-insular resources (TC78*7~9) 5/°6/78 7/°3/78 6° 6 survey

NWHI-insular resources survey; main (TCC7L°) 7/24/78 9/3°/78 56 * islands-physiological ecology

Total 250

'Days in port outside of Honolulu. 21 Table Dl.—Cruise schedule of the Townsend Cromwell.—Continued.

FY 1979

Date Days Cruise at Shore timei Area of operation No. Start End sea

TC-78-04 10/16/78 12/20/78 53 NWHI-insular resources survey (TC #81)

TC-79-01 1/08/79 3/14/79 67 Eastern tropical Pacific-porpoise (TC #82') survey

HAUL OUT March-April

TC-79-02 4/16/79 6/10/79 50 NWHI-insular resources survey; main (TC #83) islands-physiological ecology; aggregation

TC-79-03 6/25/79 7/26/79 30 Equatorial central Pacific- (TC #84) aggregation objects

TC-79-04 8/06/79 9/20/79 50 NWHI-insular resources survey; (TC #85) islands-physiological ecology, aggregation

Total 250

1Days in port outside of Honolulu. Table D2,-~Tentative survey periods and duration, Department of Land and Natural Resources.

Estimated number of days necessary for six men to survey Preferred Splash Inner Outer Location Terrain months zone zone zone Total Anticipated support

Kure Island Atoll May- Sept. 1 8 4 13 NMFS and Coast Guard Midway Islands Atoll May-Sept. 1 9 5 15 NMFS and Navy Pearl and Hermes Reef Atoll May-Sept. 3 16 6 25 NMFS Llsianski Island Sand island May-Sept. 1 5 4 10 NMFS Shallow reef Laysan Island Sand island May-Sept. 1 5 3 9 NMFS Shallow reef Maro Reef Shallow reef June-Aug . - 9 5 14 NMFS Gardner Pinnacles Rock islands June-Aug . 1/2 1/2 1 2 NMFS French Frigate Shoals Atoll May- Sept. 3 14 6 23 NMFS and Coast Guard Rock island Necker Island Rock island May-Sept. 1 1 1 3 NMFS Nihoa Rock island May-Sept. 1 1 . 1 3 NMFS Kaula Island Rock island May- Sept. 1/3 1/3 1/3 1 NMFS and Navy 118 23

APPENDIX E

RESEARCH PROPOSAL - U.S. FISH AND WILDLIFE SERVICE

OBJECTIVE To investigate and assess the possible effects of commercial and recreational fishing on the fishery resources of the Northwestern Hawaiian Islands in relation to the purpose and objectives of the Islands as a National Wildlife Refuge.

ASSESSMENT The Northwestern Hawaiian Islands have been designated a National Wildlife Refuge and as such comes within the National Wildlife Refuge System Administration Act of 1966 (P.L. 89-69, 80 Stat. 929, 16 U.S.C. 668dd) and are under the jurisdiction and administration of the U.S. Department of the Interior, Fish and Wildlife Service, as part of the National Wildlife Refuge System. One of the applicable criteria in the administration of a National Wildlife Refuge is that no use of the Refuge be permitted which is incompatible with the objectives of the Refuge. The State of Hawaii through its Legislature has requested that the Fish and Wildlife Service consider the possibility of permitting commercial and recreational fishing activities within the area considered to be Refuge by the Fish and Wildlife Service. Prior to responding to this request, the data to be gathered in this study must be evaluated and a determination made as to the probable effects of such activity within the Refuge.

The item of primary importance is an in-depth evaluation of the marine bird-unharvested fishery resource relationship. Attention will be placed upon the energy dynamics of marine birds, an inventory of the food utilized, and collecting data on consumptive rates, quantities utilized, and primary areas of dependency by the marine birds upon fishery resources. Included will be an assessment of the probable effect that a fishery harvest would have within these areas upon the continued welfare or well-being of the marine birds and their colonies. This includes species and abundance of fish, the location of fish, seasonality of any possible harvest and methods of harvest. The Hawaiian monk seal population status should be determined. An index estimate of the total population, an estimate or index of the number of pups born, and an estimate of recruitment of females reaching reproductive stage are required. An assessment of the probable effect of a fishery harvest, the seasonality of that harvest, and the methods employed to effect that harvest, on the existing monk seal population should be determined. This research will be done in cooperation with the Marine Mammal Division, Northwest and Alaska Fisheries Center, National Marine Fisheries Service, and with the Hawaii Department of Land and Natural Resources. 24

The probable effects of commercial fishing within and outside the Refuge boundaries on the green sea turtle in the Northwestern Hawaiian. Islands should be examined. Such an examination would includes 1. Food types and abundance on all shoal areas. 2. Numbers of adult turtles and their distribution and activities (for example, basking, mating, feeding, etc.)- These will be determined in at least three areas (the breeding site of French Frigate Shoals* other areas in the Northwestern Hawaiian Islands where single or small group nesting may occur, and at feeding pastures (that portion of the. green sea turtle range that is used during nonbreeding periods which, possibly includes all shoal areas to the northwest of French Frigate Shoals as well as many areas adjacent to the main islands). 3. All the size categories of the turtle, less than adult, need to be determined including the number, their distribution, gn

Research methods will include primarily ocular censusing and the tagging of as many animals as possible at all locations. Marking is basic to understanding population numbers, developmental migration, and growth. Such activities are contingent at each location, on accessibility and the suitability of capture techniques. An assessment of the probable effect of fishery harvest seasonality and harvest methods upon all other reef resources including the nontarget fishery existing there, the reef environment, coral, lobsters, etc., will also be accomplished. The effects of selective harvesting in selected areas upon the fishery should be understood. The importance of the entire area as the last portion of the archipelago where life histories of the larger species under unharvested circumstances could be conducted will also be documented. 25

APPENDIX F

RESEARCH PROPOSAL - DEPARTMENT OF LAND AND NATURAL RESOURCES, HAWAII DIVISION OF FISH AND GAME

THE NEARSHORE MARINE RESOURCES

INTRODUCTION

The nearshore marine fauna of the Northwestexn Hawaiian Islands may -have a significant influence on the food web requirements of the wildlife species occurring there, many of which are unique to -this area.. In addition to the endangered birds such as the Nihoa finch, Nihoa millerbird, Laysan finch, and Laysan duck that primarily feed off the land, the islands shelter some of the largest seabird nesting colonies in the world, vast numbers of which remain in the Northwestern Hawaiian Islands throughout-most of the year. With the exceptions of only a few sightings reported from Johnston Island, the rare Hawaiian monk seal (having an endangered status) is found nowhere else outside the Hawaiian Archipelago. Furthermore, the Hawaiian population of green sea turtle (having a threatened status) is apparently discrete to the Hawaiian Archipelago with nesting occurring on certain islands and islets of the Northwestern Hawaiian Islands. Also, discussions with commercial fishermen who have landed large catches of fish from the waters of the Northwestern Hawaiian Islands attest to its vast fishing potentials.

Due to the remoteness and distance of the Northwestern Hawaiian Islands, however, there is a serious dearth of available information OB the fish and wildlife therein, particularly for the nearshore marine resources. Therefore, to further understand the interrelationships that may occur between the land and the nearshore fauna and flora, and to gain some measure of the fishery potential, the Division of Fish and Game, Department of Land and Natural Resources, State of Hawaii is an active participant in this project to assess the marine resources inhabiting the nearshore areas of the Northwestern Hawaiian Islands.

OBJECTIVES

The purpose of this study is to gather biological and ecological data for an assessment of such aspects as habitat characteristics, species composition, species interaction, density and distribution of the marine resources inhabiting the nearshore areas of the Northwestern Hawaiian Islands and such other" pertinent facets, with the objective of compiling information required for the formulation of a resource management plan that adequately addresses the concomitant concerns relating to the protection of the aquatic and terrestrial, ecosystems, and organisms, as well as the rational use of the commercial and recreational fishery resources. 26

METHODS AND PROCEDURES The survey of the nearshore marine resources involve: (1) selecting study areas through review of available information, categorizing study areas according to geographical zones and bottom types and selec.trf.ng *rtA establishing sampling stations within each study area; (2) conducting surveys of the established stations through underwater transects snyt various sampling methods to determine species composition and density; (3) mapping of observations to describe species distribution; (4) collecting and evaluating various biological and morphological information on selected species and information on bottom topography and substrates; (5) participating on a cooperative basis on Hawaiian, monk seal and marine seabird surveys that are conducted by the Marina Mammal Division, NWAFC, NMFS, and Fish and Wildlife Service; and (6) disseminating the information through a report. Details of the procedures are as follows: 1. Selection of study areas

a. Data concerning water depth and charted land and reef areas from National.Ocean Survey charts and aerial photographs will be used to select areas for the study. Tentative locations being considered for study include Nihoa, Necker Island, French Frigate Shoals, Gardner Pinnacles, Maro Reef, Laysan Island, Lisianski Island, Pearl and Hermes Reef, and Kure Island. b. The nearshore areas will be categorized according to the following zones:

(1) "Splash zone"—the fast land area under the influence of wave and spray exposure; (2) "Inner nearshore zone"—the underwater area from the shoreline out to a distance of about 6 m; and (3) "Outer nearshore zone"—the underwater area beyond 6 m from the shoreline to a depth of about 20 m. c. Bottoms of the study locations will be categorized according to the following characteristic types: (1) Sand; (2) Silt; (3) Rubble; (A) Boulder; (5) Live coral; (6) Bedrock; (7) Sandstone flats; (8) Dead coral flats; and (9) Others. 27

d. Sites that are representative of the habitat zones bottom types will be selected as survey stations.

2. Surveys to determine species composition gnd density

a. Emphasis will be placed on macroorganisnts that are reiatd abundant within the habitat zones, including fishes, crustaceans^ mollusks, corals, and algae.

b. Surveys for determining nearshore species composition and density will be conducted primarily through methods that involve count of marine organisms by teams of scuba or snorkel-equipped divers swint- ming (where possible) along a measured distance (usually 230 m.) determined by lowering a premarked transect line on the ocean bottom. The numbers and sizes of all species encountered within a certain distance (usually '. 3 m) on each side of the line will be recorded aa plastic slates carried by the divers or by tape recording systeias> an<* converted to estimates of pounds per acre for individual species using predetermined length-weight conversion constants for the different species. Estimates of algal and coral colonies will be based on the percentage of bottom covered by the various species and in descriptive terms such as "sparse," "moderate," and 'lush" categories. The use of a wet submersible or sled type vehicle capable of being towed by a small skiff or operated under its own power is being considered for use in conjunction with the diving operations to provide protection against sharks known to occur in abundance in the area. Other alternative means of making underwater observations include the use of viewing boxes, spot or point transects at regular intervals using shark cages, «TT^ underwater television photography.

c. Estimates of organisms in the "splash zone" will be obtained by counting all individuals within a number of measured sampling areas and projecting the counts over the total area that the organism is found. 3. Determination of species distribution. — Data on species composition and density will be mapped by their geographical occurrence (general localities) to describe their distribution. 4. Others. — Specimens will be collected by various methods of sampling including throw nets, surround nets, crab nets, spears, hook and lines, and fish traps for: . a. Identification; b. Assessment of densities; c. Length and weight data; 28

d. Otolith, stomach content, and gonad examination of - selected species; and

e. Collection of specimens for other researchers.

5. Report.—A report on the assessment of the nearshore fishery resources of the Northwestern Hawaiian Islands will be prepared and made available for public distribution.

SURVEY LOGISTICS

Details of the sampling program are set out in the accompanying tables. The sampling methods to be employed at the various island sampling sites appear in Table EL, to be employed by depth range appea; in Table F2, and to be employed in the capture of families or groups o: fish sought appear in Table F3. Table Fl.—Survey and specimen sampling methods.

Underwater Hook Observation transect Hand Trammel Cast Dip , collecting netting1 netting netting and Spearing Trapping jocation Day Night Scuba and/or line Land and/or skiff snorkel

Cure X X X X X X X X X X lidway X X X X X X X X X X 'earl and Hermes X X X X X X X X X X

,isianski X X X X X X X X X X

,aysan X X X X X X X X X X laro Reef X X X X X - X X X lardner _ - Pinnacles X - X X X rench Frigate X X X X X X X X X X ecker X X X X X X X X X ihoa X ~ X X X X X X aula X - X . - X X

lWill be tended by personnel, Table F2.—Survey and sampling methods by depth.

1. Splash zone to water's edge Transect counts, day and night Hand collecting and dip netting observations and sampling 2. Water's edge to 2 m Transect counts during both day Spearing, trammel netting, cast and night period, underwater netting, dip netting, and hook "snorkel" transect counts and and line by sampling 3. 2 to 20 m Underwater "scuba" transect Spear, hook and line, and trap counts and by sampling

Primary sampling methods: 1. Hand collecting - Sessile organisms. 2. Trammel netting - Reef fishes. 3. Cast netting - Shallow water specimens not obtainable by hook and line or trammel net methods. 4. Dip netting - Nocturnal and tidal pool species, 5. Hook and line - Sample areas where underwater surveys cannot be.conducted. 6. Spearing - Specimens not obtainable by the above five methods. 7. Trapping - Specimens not obtainable by the above six methods. 31 Table F3.—Sampling methods by family or group of fishes sought.

Fishes (family or group) Method(s)

Sharks Transect counts (TC) and hook and line Rays TC Flatfishes TC, spear Lizardfishes TC, hook and line Trumpetfish TC, trap Cornetfish TC, hook and line Needlefishes TC, dip net, hook and line Ladyfish TC, hook and line, trammel net Bonefish TC, hook and line, trammel net Milkfish TC, trammel net • Baitfishes TC, dip net Squirrelfishes TC, hook and line, spear Gobies TC, dip net Threadfin TC, cast net Jacks TC, hook and line Tunas TC, hook and line Wrasses TC, trammel net, hook and line, traps Mullets TC, cast net Goatfishes TC, trammel net, traps, hook and line Barracudas TC, hook and line Cardinalfishes TC, hook and line Eleotrids TC, dip net ••••-• Blennies TC, dip net Surgeonfishes TC, trammel net, cast net, spear, trap Scorpionfishes TC, spear Parrotfishes TC, trammel net, cast net Damselfishes TC, trammel net, traps, spear, hook and: line Mountain bass TC, cast net Butterflyfishes TC, trammel net, spear, trap Rudderfish TC, cast net Red bigeye TC, hook and line, spear, trap Snappers TC, hook and line, trap, spear Groupers TC, trap, spear Eels TC, trap Filefishes TC, spear Triggerfishes TC, hook and line, spear Boxfishes TC, spear Puffers TC, spear Others Observation 32

Table F3.—Sampling methods by family or group of fishes sought. Continued.

Fishes (family or group) Method(s)

Other species (groups) Mollusk TC, hand collecting Lobsters TC, trap Crab TC, trap Sea urchins TC Sea cucumbers TC Corals TC Algae Observation, hand collecting Others Observation 33

APPENDIX G

RESEARCH PROPOSAL - NATIONAL MARINE FISHERIES SERVICE, SOUTHWEST FISHERIES CENTER, HONOLULU LABORATORY PROPOSAL

The Honolulu Laboratory proposes exploratory fishing surveys of the Northwestern Hawaiian Islands over a 5-year period. These surveys began on 12 October 1976 with cruise TC-76-06 of the NOAA ship 'Townsend Cromwell (FRS-43) . A preliminary proposal of the types of information needed to assess the marine community is as follows: 1. Bottom topography of the areas surrounding the NWHI.

2. Distribution and relative abundance of demersal fish and shellfish on the inner and outer shelves, shelf edge, and upper slope. 3. Distribution and relative abundance of fishes found on. seamounts and offshore banks.

4. Species composition, distribution, anj density of planktonic and macroorganisms including fish, crustaceans, mollusks, corals, and algae.

5. Physical and chemical parameters of the waters surrounding the various islands and seamounts.

6. Distribution and relative abundance of the pelagic fishes with emphasis on tuna and tunalike species.

The Honolulu Laboratory will focus attention on a quantitative fishery assessment and survey of the inner and outer shelves, shelf edge, and upper slope zones, the pelagic zone with emphasis on tuna and tunalike fishes, and resources over submerged seamounts and offshore banks. A basic inventory of the physical and biological characteristics of the waters overlying these zones will also be undertaken.

SAMPLING GEAR The resource assessment surveys do not constitute a program in gear design; rather, the primary objective of these surveys will be the determination of distribution and relative abundance patterns and to approximate the magnitude of the exploitable stock. It is anticipated, however, that problems in gear design can be considered during subsequent stages of development of a fishery. 34

For demersal species, the primary gear considered will be fish trawls, traps, pots, and handlines; for pelagic species, such as tunas and tunalike fishes, pole-and-line fishing with live bait and troll gear appear to be the most appropriate sampling gears.

In addition to the gears used to accomplish our primary objectives, other sampling devices will be used to collect data for environmental studies. Acoustic gear will be used to obtain better estimates of the bottom configuration, grab samplers to determine ocean bottom types, midwater trawl, and plankton hauls for micronekton and zooplanktott studies, and STD and XBT casts to determine changes within the physical pceanographic parameters.

DISTRIBUTION OF SAMPLING ACTIVITIES

At present, little is known about the bottom topography of t±te area; therefore, it is highly desirable to determine initially, tfa» stratum boundaries during the early surveys to select the character that would be most useful for stratifying the sampling activities. Stratification could also be done according to depth ranges, for example, inner shelf (10-20 fathoms or 18-36 m), outer shelf (20-25 fathoms ox 36-45 m), shelf edge (25-50 fathoms or 45-90 m), top of the upper slope (50-100 fathoms or 90-180 m), middle of the upper slope (100-150 fathoms or 180-270 m), and bottom of the upper slope (150-200 fathoms or 270-360 m). A diagrammatic sketch is shown in Figure 2.

Exploratory trawling surveys will be conducted to determine the locations of trawlable grounds. A previous exploratory cruise to the Northwestern Hawaiian Islands (cruise 80 of the FRS David Starr Jordan) has shown that the 20-600 m depth zones hold the most promise for fishery development. Grab samplers will be used to obtain small samples from the surface layer of the ocean bottom at selected study areas. Ocean bottom types will be categorized as follows: (1) sand, (2) silt, (3) rubble, (4) boulder, (5) live coral, (6) bedrock, (7) sandstone flats, (8) dead coral flats, and (9) others.

Not only the shelf and upper slope area but also the submerged, offshore banks and seamounts will be investigated. Larger banks will undoubtedly receive more sampling effort and seamounts will be subjected to briefer surveys.

As more information is gathered on the locations of trawlable grounds, the surveys will be designed so that both random and systematic sampling of known fish concentrations will be conducted day and night. For example, the stock of Naso spp. (Acanthuridae) has been found to be rather substantial during cruise 67 of the FRS Towns end Cromwell in the 22-54 m (18-30 fathom) depth range near Nihoa. Known concentrations of Naso spp. will be sampled systematically and other areas will be trawled randomly to determine the extent of their distribution and abundance. 35

Other aspects of the assessment surveys would require the use of traps, pots, and handline gear. From the results of preliminary fishing with these gears, study sites for more intensive sampling will be selected and sampling stations within each study site will be established.

NATIONAL MARINE FISHERIES SERVICE SAMPLING PROGRAM 1. Demersal species. Species groups that are more likely to be encountered and which are of interest to the National Marine Fisheries Service are as follows: Serranidae (Epinephalus), 1 sp.; Carangidae (Seriola, Carangoides, Caranx), 9 spp.; Lutjanidae (Pristipomoides. Lutjanus, Aprion, Eteles), 6 spp.; and Mullidae (Mulloidichthys. Parupeneus). 6 spp. Fish families of lesser interest are the Holocentridae, Priacanthidae, Cirrhitidae, Pomacentridae, Labridae, Acanthuridae, Pentacerotidae, and Scorpaenidae—about 22 spp. Crustaceans of interest are shrimp (Heterocarpus, Penaeus). 3 spp.; kona crab (Hanina_ serrata); lobster (Panulirus), 2 spp.; and white crab (Portunus sanguinolentus). Specific objectives would be to determine the following:

a. The structure of the fish communities present on the inner and outer shelves, shelf edge, and upper slope zones. b. Their distribution in time and space.

c. The relative abundance of the exploitable stock of each species present.

d. The yield potential of each species.

e. The feasibility of commercial exploitation of the various species stock.

Sampling for demersal fishes will be carried on in depths ranging from 20 to 400 m, with stratification of the potential fishing grounds into six strata as shown in Figure 2. Fish trawls, traps, and handlines, the principal gears to be used, will be standardized after initial tests have been completed. Preliminary surveys will be conducted with a high- opening, roller-rigged Norwegian fish trawl, with gear modification carried out as necessary. Standard fish traps and traditional handlines will also be used in the surveys. Two demersal fish species—the pelagic armorhead, Pentaceros richardsoni, and alfonsin, Beryx splendens—on the seamounts and off- shore banks near the Northwestern Hawaiian Islands are now exploited by Japanese and Russian trawlers. Unconfirmed reports indicate that for the pelagic armorhead, at least, Russian trawlers harvested about 133,400 MT during an 8-month period in 1969-70. The bulk of the Japanese and Russian catches of pelagic armorhead, however, occur outside 36 the U.S. fishery conservation and management zone. Inside the zone, on Hancock Seamount, foreign catches of armorhead are unknown. Trawling surveys of seamounts and banks will be conducted to obtain estimates of the exploitable stock. Occuring in quantities apparently sufficient to support a fishery, two species of shrimp, Heterocarpus spp., have been caught dun explora- tory deepwater shrimp trapping surveys in Hawaiian waters. In 1973, preliminary surveys showed that Heterocarpus spp. also occur in modest quantities near Necker Island and French Frigate Shoals in the North- western Hawaiian Islands. Additional shrimp trapping surveys will be necessary in selected areas to determine depth-abundance curves, optimum, fishing strategy, and standing biomass. Also found near French Frigate Shoals were small quantities of the penaeid shrimp, Penaeus marginatus. Additional exploratory surveys with the shrimp trawl will be necessary to determine the locations of commercial concentrations and estimate their distribution and standing biomass. Other crustaceans of interest for possible exploitation are the spiny lobster, kona crab, and white crab. Trapping operations will be conducted for these species along with fish-trapping surveys. These species, however, will receive less sampling effort if preliminary results indicate that the stocks are too small for commercial exploitation.

2. Benthopelagic species. Benthopelagic species, those that occur both on or near the bottom and in midwater or surface layers, may be present in sizable quantities as results of a preliminary acoustic survey in the summer of 1973 indicated. Schools of unidentified fish, detected on top of the banks and estimated to be at depths of 10—30 m and extending nearly 11 km in one direction, were near the bottom daring daylight hours but were observed to move off the bottom and disperse in midwater at night. The high-opening bottom fish trawl will be used in. attempts to sample and identify these schools. At night-light stations, handlines will be used to sample for the presence of the commercially important akule, Trachurops crumenophthalmus, and opelu, Decapterus pinnulatus. Also, observations will be made near islands and atolls to determine whether night light can be used effec- tively to attract baitfish in any appreciable quantities. Previous surveys by the National Marine Fisheries Service, which date back to the early 1950xs showed that baitfish are present in small quantities near the shorelines of several islands and atolls; however, their occurrence appears to be sporadic. 37

3. Pelagic species. In recent years, the Northwestern Hawaiian Islands has also received increasing attention from foreign tuna pole— and-line and longline fishing vessels. In the summer of 1974, for example, Japanese pole-and-line vessels reportedly caught 1,350 MI of skipjack tuna, Katsuwonus pel amis, and yellowfin tuna, Thunnus from waters near the Northwestern Hawaiian Islands. In addition to skipjack tuna and yellowfin tuna, data collected on previous research cruises. by the National Marine Fisheries Service to the North Pacific have shown that in the general vicinity of the Northwestern Hawaiian. Islands, a number of other tuna and tunalike fishes are present. Among them are bigeye tuna, Thunnus obesus, albacore, T?. alalunga, wahoor. Acanthocybium solandri, kawakawa, Euthynnus af finis, bonito, Sarda sp., and mackerel, Scomber, sp. Some species of tuna and tunalike fishes apparently are sufficiently abundant seasonally in waters of the Northwestern Hawaiian Islands so that they can form the base of a troll fishery which could be conducted in conjunction with bottom fishing. To assess the pelagic resource, survey vessels will troll during all daylight hours between stations. Furthermore, it is anticipated that commercial fishing boats will be chartered to fish the study area with pole-and-line and troll gear to assess the relative abundance of the various pelagic species in space and time.

SUPPLEMENTARY RESEARCH

It is anticipated that primary aggregation studies conducted in June-September 1976 on cruise 76-05-72 of the FRS Townsend Cromwell in xvaters of the Trust Territory of the Pacific Islands will be continued not only in the main group of the Hawaiian Islands but also in waters of the Northwestern Hawaiian Islands. Anchored floating objects will be placed over various offshore banks, as time permits, during the survey cruises in attempts to concentrate schools of pelagic fishes. Observations on species and numbers aggregated by the floating objects will be made daily while the survey vessel is nearby and examined during the time that the vessel passes through the area to and from port. Among the most useful characteristics for age and growth determina- tion of fish — at least for fishes of the temperate zone — are the annuli on bony parts such as scales, otoliths, spines, and opercular bones. Attempts to age tropical fishes by examining hard parts and by other conventional means such as length-frequency mode progression analyses have failed because of the absence of well-defined annuli and the presence of protracted spawning periods in some species. In recent years, however, researchers have successfully aged tropical species by examination of daily growth increments in the sagittae of otolitbs. Samples of otoliths collected from fishes captured during the survey of the Northwestern Hawaiian Islands will be examined by a specially trained team conducting age and growth studies at the Honolulu Laboratory. 38

APPENDIX H

I. Robert A. Skillman Coordinator, NWHI Study c/o National Marine Fisheries Service Southwest Fisheries Center Honolulu Laboratory [2570 Dole Street] P. 0. Box 3830 Honolulu, Hawaii 96812

t II. National Marine Fisheries Service

• Robert W. Schoning Director, National Marine Fisheries Service, F National Oceanic and Atmospheric Administration Washington, D.C. 20235

• Izadore Barrett Director, Southwest Fisheries Center, F14 National Marine Fisheries Service P. 0. Box 271 La Jolla, California 92038

• Richard S. Shomura Director, Honolulu Laboratory, F142 Southwest Fisheries Center National Marine Fisheries Service [2570 Dole Street] P. 0. Box 3830 Honolulu, Hawaii 96812

• Richard N. Uchida Leader, Survey of Insular Resources Honolulu Laboratory Southwest Fisheries Center National Marine Fisheries Service [2570 Dole Street] P. 0. Box 3830 Honolulu, Hawaii 96812

• Dayton L. Alverson Director, Northwest and Alaska Fisheries Center, Fll National Marine Fisheries Service 2725 Montlake Boulevard, East Seattle, Washington 98112 39 George Y. Harry Chief, Marine Mammal Division, F113 Northwest and Alaska Fisheries Center National Marine Fisheries Service 7600 Sand Point Way, NE Seattle, Washington 98115 III. National Ocean Survey

Eugene A. Taylor Director, Pacific Marine Center, CPM National Ocean Survey 1801 Fairview Avenue, East Seattle, Washington 98102 Edward Gelb Commanding Officer NOAA Ship Townsend Cromwell, FRS-43 P. 0. Box 3830 ~ . Honolulu, Hawaii 96812 IV. State of Hawaii John Craven State Marine Affairs Coordinator State of Hawaii P. 0. Box 2840 Honolulu, Hawaii 96803 Howard Pennington Office of Marine Affairs Coordinator State of Hawaii P. 0. Box 2840 Honolulu, Hawaii 96803

William Y. Thompson Chairman, Board of Land and Natural Resources P. 0. Box 621 Honolulu, Hawaii 96809 Director, Division of Fish and Game Department of Land and Natural Resources 1151 Punchbowl Street Honolulu, Hawaii 96813 40

• Kenji Ego Chief, Fisheries Branch Division of Fish and Game Department of Land and Natural Resources 1151 Punchbowl Street Honolulu, Hawaii 96813

. • Ronald L. Walker Chief, Wildlife Branch Division of Fish and Game Department of Land and Natural Resources 1151 Punchbowl Street Honolulu, Hawaii 96813 • Henry Sakuda Chief, Marine Fisheries Section Fisheries Branch Division of Fish and Game Department of Land and Natural Resources 1151 Punchbowl Street Honolulu, Hawaii 96813 V. U.S. Fish and Wildlife.Service • Lynn A. Greenwalt Director-, Fish and Wildlife Service U.S. Department of the Interior Washington, D.C. 20240 • Henry A. Hansen Hawaii Administrator U.S. Fish and Wildlife Service P. 0. Box 50167 Honolulu, Hawaii 96850 • J. Brent Giezentanner Manager, Hawaiian Islands National Wildlife Refuge U.S. Fish and Wildlife Service P. 0. Box 50167 Honolulu, Hawaii 96850 • R. Kahler Martinson Regional Director U.S. Fish and Wildlife Service [1500 N.E. Irving Street] P. 0. Box 3737 Portland, Oregon 97208 41

APPENDIX I

RESEARCH PROPOSAL - NATIONAL MARINE FISHERIES SERVICE, MARINE MAMMAL DIVISION, NORTHWEST AND ALASKA FISHERIES CENTER

STATEMENT OF INTEREST The National Marine Fisheries Service is concerned about the Hawaiian monk seal because only two species of subtropical seals now exist,and a third, the Caribbean monk seal, is almost certain to be extinct. Karl Kenyon made a thorough aerial survey covering the range of the latter species a few years ago and found no evidence of any survivors. HISTORY

The Mediterranean monk seal has declined drastically, especially in recent years. The population has been reduced to only a few hundred animals and this species may face extinction within a few years. The Hawaiian monk seal remains as the monk seal species most likely to survive in the face of encroachment by human beings.

Little information is available about the_historical abundance of the Hawaiian monk seal. By 1900 it was near extinction, and since then under total protection, the number has increased to approximately 1,000 animals. As early as 1971 the Marine Mammal Division developed plans for research on the Hawaiian monk seal. It was not until FY-1976, however, that funds became available for research under the Endangered Species Act. In September 1975 researchers from the Fish and Wildlife Service and the Marine Mammal Division decided that of primary importance was good information about the status of the population and specifically the number of animals in the adult population, the number of pups born, and the recruitment into the population after the first period of heavy natural mortality. The first vessel survey, which was a joint operation of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, was carried out from the Easy Rider during the period 17 March through 16 April 1976. The area covered was from Nihoa to Kure Island. Land census of the total population made by walking the beaches near midday gave a total of 560 animals. This was very similar to the 1975 census of 578 animals made by Palmer Sekora of the U.S. Fish and Wildlife Service and Robert T. B. Iversen of the National Marine Fisheries Service. However, the 1975 and 1976 counts x*ere substantially lower than counts made by Rice and Kenyon in 1957 and 1958 of 1,013 and 1,206, respectively. Based on indices of abundance, the population seems to have remained fairly stable since the early 1960's. Midway Islands and Kure Island numbers have been greatly reduced since 1960 probably from human disturbance. Pearl and Hermes Reef numbers are also down for unknown reasons. The three colonies which are now the most important are on 42

French Frigate Shoals, Laysan Island, and Lisianski Island and these appear to be healthy. In addition to the beach census data collected in 1976, 7 days of intensive observations of monk seals were made an. Laysan and Lisianski Islands. A preliminary report was issued in. May 1976 which was previously distributed to all agencies. SURVEY AND ASSESSMENT RESPONSIBILITY

The National Marine Fisheries Service, Northwest and Alaska Fisheries Center, Marine Mammal Division, in cooperation with the U.S. Fish and Wildlife Service, Marine Mammal Research Unit in Anchorage^ Alaska has the responsibility to continue surveys of the Hawaiian nmrfc seal to determine its current status including estimates of the total population, behavioral traits relating to census information, mortality,,, age, and sex ratios, food habits, recruitment of females, and Vt""m disturbance tolerance. The effects of proposed fishery activities upon. the monk seal population will, be estimated.

RESEARCH AND SURVEY PLANS FOR 1977 The plans formulated are: 1. Establish a team of two persons on Laysan Island for the period: of approximately mid-February through 1 September to begin intensive observation of that population; 2. Obtain pup production estimate for 1977 using aerial and ground surveys; 3. Vessel survey of all breeding areas in early April with special attention to Pearl and Hermes Reef; 4. Kure Island study; - 5. French Frigate Shoals study. 43

APPENDIX J

RESEARCH PROPOSAL - HAWAII INSTITUTE OF MARINE BIOLOGY UNIVERSITY OF HAWAII

MOTIVATION

In September 1976, the Marine Affairs Coordinator (Office of the Governor, State of Hawaii) provided funding for year one of a 3-year green sea turtle management study that was mandated by the Hawaii State Legislature. However, the original intent of the Legislature was for the study to focus attention principally on aggregations of turtles adjacent to the main, inhabited Hawaiian Islands rather than in tha Northwestern Hawaiian Islands.

In view of the State of Hawaii's forthcoming involvement in the resource survey and assessment of the Northwestern Hawaiian Islands, it would be both desirable and appropriate to extend the present green sea turtle investigation to a full time commitment encompassing both the Northwestern as well as the main Hawaiian Islands. This would permit the proper high level of emphasis to be placed on all aggregations of Hawaiian green sea turtles. The known life history of Chelonia indicates that such a study of the total population would be necessary to yield the basic biological information being sought for turtles in the North- western Hawaiian Islands. Like other distinct populations of Chelonia adult Hawaiian green sea turtles carry out periodic migrations for colonial reproduction at a site distant from resident feeding pastures (Balazs 1976). The sole colonial breeding site in the Hawaiian Archipelaj is the centrally located atoll of French Frigate Shoals. Resident feedin pastures, which host both adult and immature turtles, are located around the main islands as well as areas to the northwest of French Frigate Shoals. Recruitment to these sites is thought to involve complex and as yet little understood developmental migrations that encompass all areas of the Archipelago.

GOALS

The overall goal of the study is to determine the essential biological facts of the green sea turtle resource of the Northwestern Hawaiian Islands.

Specific

1. To locate and census by size category all aggregations of green sea turtles;

2. To determine daily movements and feeding and basking activities of resident aggregations; 44

3. To identify the sources and abundance of food used by each size category;

4. To define the long distance migratory patterns exhibited by each size category;

5. To determine the growth rates of immature turtles under natural conditions;

6. To formulate a growth curve that will allow the reliable prediction of age at sexual maturity;

7. To ascertain the reproductive potential of the population;

8. To determine the mortality factors that limit the population. METHODS

Locate and Census

Aggregations of turtles will be located and inventoried by con- ducting combinations of land, aerial, and underwater surveys at periodic intervals. The schedule for such activities at the less accessible areas (Nihoa, Necker Island, Gardner Pinnacles, Laysan Island, Lisianski Island, and Pearl and Hermes Reef) will be dependent on transportation cooperatively made available by NOAA on the FRS Townsend Cromwell. Daily Movements and Activities

A series of direct intensive observations will be made from land and underwater with scuba at French Frigate Shoals and Kure Island in order to define home range and daily activities of each size category. If determined to be feasible, the use of sonic tags and/or marker balloons will also be incorporated. Similar activities will also be conducted at the less accessible areas depending on the availability of transportation and duration of each visit.

Source and Abundance of Food Direct feeding observations and examinations of mouth contents of captured turtles will allow samplings to be made of the plant and animal species used for food. Multiple samplings will be made by size category and time of year at each geographically separated area in order to detect differences. Analyses will also be made of the stomach contents of whole dead turtles recovered from shark predation. 45 Long Distance Migratory Patterns

During the course of visits to each of the study areas, as many immature turtles as appropriate and possible will be captured in a non- injurious manner (by hand or scoop net) and tagged for permanent,, long- term identification. In addition, guidance and encouragement will be given to scuba divers at the Midway Naval Station in the capturing and tagging of turtles on a cooperative basis during the course of recreational activities. A similar program will be initiated with U.S. Coast Guard personnel at Kure Island.

Subsequent recoveries of tagged turtles will provide data on migratory patterns and growth rates. Growth Rates Straight and. curved carapace measurements as well as body weights will be taken on all immature turtles that are captured. Subsequent recoveries made during repeated visits to the study areas will yield information on rates of growth under natural conditions. Formulate Growth Curve The accumulation of growth data by size category for time of the year and geographical area will ultimately permit the formulation of a growth curve through standard statistical analysis. This will result in a reliable prediction of the minimum and maximum times required to reach sexual maturity. Reproductive Potential -

During a 1-month peak period of each breeding season, nesting activity at French Frigate Shoals will be intensively monitored in order to assess numbers persent, reproductive cycles, and hatchling production. This will be the continuance of summer research that has been undertaken since 1973 in cooperation with the Fish and Wildlife Service. Additionally, incidental reproduction which is known to involve separately nesting females to areas to the northwest of French Frigate Shoals will be surveyed and quantitied. Mortality Factors Mortality of hatchlings at French Frigate Shoals will be determined by direct observations and by samplings of carnivorous reef fishes. 46 Shark predation is presently thought to be the only major cause of mortality among juvenile, subadult, and adult turtles in the northwestern areas of the archipelago. Sharks will therefore be periodically sampled for stomach contents at each study area in order to quantify this limiting factor.

Mortality may also result from other natural factors such as food and/or habitat limitations. Analyses of overall results obtained in this survey and assessment may identify such limitations. REFERENCE . ' ; Balazs, G. H. 1976. Green turtle migrations in the Hawaiian Archipelago- Biol. Conserv. 9:125-140. Principal Investigator: George H. Balazs Junior Marine Biologist University of Hawaii Hawaii Institute of Marine Biology P. 0. Box 1346 Kaneohe, Hawaii 96744 Figure 1.—The Hawaiian Islands. Stippled line indicates depth contours while the solid line indicates the approximate location of the 200-mile fishery conservation zone surrounding the islands.

180° 175° 170°

30"- 'Honcock Boni

Cj)Gombto,Snoa! o

Solmor

i Btnsoleux Rmf " ',/; LISIANSKI I. 'i^ia Sb»|\ ' 'Pibnwr Bonk — - r~~c \ * \k »CAYSAN i. / ->. 1 -i i ' ' : 'thhorrwtort ^ ',n\ if> .v/'rtoito or* i ii' Banks -:~

' ) V \ -Brooks Banks''1 Water surface

Inner shelf > Outer shelf Shelf edge

4 20 fathoms (36 m) 50 fathoms (90 tn) Top of the upper slope

100 fathoms (180 m) Middle of the upper slope

150 fathoms (270 m) Bottom of the upper slope

200 fathoms (360 m)

Figure 2.—Proposed sampling strata for demersal species, Northwestern Hawaiian Islands, 21

Cruise Bate No. at Shore Start End 1 Area of occRe.la time operation

NWHI-insular resources survey TC-79-01 1/08/79 3/14/79 67 (TC #82-)

HAUL OUT March-April TC-79-02 4/16/79 50 (TC #83) NWHI-insular resources survey; main islands-physiological ecology; aggregation TC-79-03 6/25/79 7/26/79 30 (TC #84) Equatorial central Pacific- aggregation objects TC-79-04 8/06/79 9/20/79 50 6 (TC #85) NWHI-insular resources survey; ma-in islands-physiological ecology, aggregation Total 250 a Days in port outside of Honolulu.