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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules
in the 2016 proposed rule 81 FR 57854
and in the DEIS Figures 48. The boundaries for 2 of the proposed sites Kauhako Bay and La Perouse Bay Figure 6 and Figure 8 have been slightly modified from the boundaries described in the 2016 proposed rule and DEIS to accommodate access by canoe groups, fisherman, and other water users to areas adjacent to the time-area closure areas. The boundary modifications at these two sites result in a slightly reduced size for both areas and do not expand beyond the footprints identified in the DEIS.
The time-area closures coordinates will be marked using buoys, sight-line markers, and landmarks from shore, and an explanation of the closures purpose and effective hours will be provided by signs on land. The proposed action areas for the five time-area closures are illustrated in the maps and the boundaries described as follows:
Hawaii IslandKealakekua Bay Figure 4
The red box between points A, B, C, and D shown in the following map illustrates the closure area for Kealakekua Bay. Approximate segment lengths AB and CD are 1,005 m 0.62
mi, and segment lengths AD and BC
are 220 m 0.14 miles. The total area of closure is 0.09 mi2. The latitude/
longitude coordinates are:
A192837 N, 1555515 W
B192854 N, 1555544 W
C192848 N, 1555549 W
D192832 N, 1555519 W

The County of Hawaii identifies two public access points on Boulder Beach and Napoopoo Landing at Kealakekua Bay; both points would remain open for access. Additionally, the route used by kayakers to access the Captain Cook Monument at Kaawaloa from Napoopoo Pier is located outside of the closure area.
Hawaii IslandHonaunau Bay Figure 5
The red lines between points A, B and C in the following map illustrate the closure area for Honaunau Bay; the shoreline boundary is at the mean lower low water line between points A and C.
The approximate segment length of A
B is 440 m 0.27 mi and the segment length of BC is 330 m 0.21 miles.
Total area of closure is 0.04 mi2. The latitude/longitude coordinates are:
A192527 N, 1555441 W
B192522 N, 1555457 W
C192531 N, 1555458 W

The closure site at Honaunau would be delineated by means of a single marker buoy at point B to accommodate local
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native Hawaiians requests to honor the sacred nature of this cultural site, and would be aligned with site line markers on shore at points A and C. The County of Hawaii identifies Honaunau Bay boat ramp as a public access area for this bay.
The boat ramp and the popular access point for swimming and snorkeling known as Two-Step, are located outside of the closure area and would remain open for everyday use.
Hawaii IslandKauhako Bay Figure 6
The red box between points A, B, C, and D in the following map illustrate the marine boundaries for the closure area for Kauhako Bay. The approximate segment length of AB is 330 m 0.21
mi, and the segment length of BC is 1,035 m 0.64 miles. The total area of closure is 0.07 mi2. The latitude/
longitude coordinates are:
A192244 N, 1555349 W
B192244 N, 1555357 W
C192216 N, 1555349 W
D192230 N, 1555346 W

The County of Hawaii identifies Hookena Beach Park as a public access point for this area, this access point would remain open for everyday use.
Hawaii IslandMakako Bay Figure 7
The red lines between points A, B, C
and D in the following map illustrate the closure area for Makako Bay; the shoreline boundary is at the mean lower low water line between points A and D.
The approximate segment length of A
B is 315 m 0.20 mi, the segment length of BC is 758 m 0.47 miles and the segment length of CD is 372 m 0.23
mi. Total area of closure is 0.14 mi2.
The latitude/longitude coordinates are:
A194421 N, 156316 W
B194425 N, 156326 W
C19442 N, 156336 W
D194357 N, 156323 W

No public access point from shore is identified by the County of Hawaii for Makako Bay. The closest access points are identified south at Wawaloli Beach, with another access point identified north at Keahole Point.
MauiLa Perouse Bay Figure 8
The red lines between points A, B, C, and D, in Figure 8 illustrate the closure area for La Perouse Bay; the shoreline boundary is at the mean lower low water line between points A and C, and between B and D. The approximate segment length of AB is 1,340 m 0.83
mi, and the segment length of CD is 1,515 m 0.94 mi. Total area of closure is 0.32 mi2. The latitude/longitude coordinates are:
A203553 N, 1562512 W
B203531 N, 1562450 W

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C203535 N, 1562526 W
D203513 N, 1562454 W

Maui County identifies a public access point for this area coordinates:
203610 N, 1562522 W. The area inshore of the line between A and B, which includes this access point, would remain open for everyday use.
Throughout this rule, all coordinates are referenced to the World Geodetic System of 1984 WGS84.
These proposed time-area closures are not exclusive to all of the nearshore habitats used as essential daytime habitat for the spinner dolphins or all locations where dolphin-directed human activities that may result in take are known to occur. Similarly, the proposed closure time period between 6
a.m.to 3 p.m. for these areas is not exclusive of the only times that spinner dolphins may be present in closed areas, but this proposed closure time period is chosen in order to encompass the dolphins historical resting period, when spinner dolphins are most likely to be present. see Rationale section below.
Applications to Time-Area Closures This proposed rule would create the time-area closures and promulgate a regulation that prohibits entry and use of surface and subsurface waters within the five delineated areas from 6 a.m. to 3 p.m. Prohibited uses include all forms of access to the closed areas including but not limited to all forms of swimming-with and approaching spinner dolphins; operating a manned or unmanned motorized, nonmotorized, self-propelled, humanpowered, or submersible vessel; and swimming at the water surface or underwater i.e., SCUBA or free diving.
At all locations, activities occurring in the intertidal zone, such as shore-based fishing and subsistence gathering, would not be affected during any time of day. By prohibiting entry, the proposed mandatory time-area closures would reduce take within these important areas during the closure timeperiod.
Requirements of the Proposed Rule Mandatory Time-Area Closures The rule implements mandatory timearea closures at five essential daytime habitats, four of which are located on Hawaii Island, and one located on Maui. Entry is prohibited in the closure areas every day between the hours of 6
a.m. and 3 p.m. The time-area closure locations are 1 Kealakekua Bay 2 Honaunau Bay 3 Kauhako Bay
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