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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules
PART 216REGULATIONS
GOVERNING THE TAKING AND
IMPORTING OF MARINE MAMMALS
1. The authority citation for 50 CFR
part 216 continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

2. Section 216.20 amended by adding paragraphs f through j to read as follows:

216.20 Special restrictions for Hawaiian spinner dolphins.

f Applicability. The following special restrictions designed to protect Hawaiian Spinner Dolphins apply:
1 Hawaii IslandKealakekua Bay Figure 3:
i The time-area closure in place between 6 a.m. to 3 p.m. Hawaii Standard Time HST daily for Kealakekua Bay includes all surface and subsurface waters between points A, B, C, and D Figure 3 to 216.20.
Approximate segment lengths AB and CD are 1,005 meters m 0.62 miles mi, and segment lengths AD and B
C are 220 m 0.14 mi. The total surface area of closure is 0.09 square miles mi2. The latitude/longitude coordinates are:
A A192837 N, 1555515 W;
B B192854 N, 1555544 W;
C C192848 N, 1555549 W;
D D192832 N, 1555519 W.
ii Reserved 2 Hawaii IslandHonaunau Bay Figure 4:
i The time-area closure in place between 6 a.m. to 3 p.m. HST daily for Honaunau Bay includes all surface and subsurface waters between points A, B, and C Figure 4 to 216.20; 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. The total surface area of closure is 0.04 mi2.
The latitude/longitude coordinates are:
A A192527 N, 1555441 W;
B B192522 N, 1555457 W;
C C192531 N, 1555458 W.
ii Reserved 3 Hawaii IslandKauhako Bay Figure 5:

i The time-area closure in place between 6 a.m. to 3 p.m. HST daily for Kauhako Bay includes all surface and subsurface waters between points A, B, C, and D Figure 5 to 216.20. The approximate segment length of AB is 290 m 0.18 mi, the approximate segment length of AD is 540 m 0.34
mi, and the segment length of BC is 915 m 0.57 miles. The total surface area of closure is 0.06 mi2. The latitude/
longitude coordinates are:
A A192244 N, 1555349 W;
B B192244 N, 1555357 W;
C C192216 N, 1555349 W;
D D192230 N, 1555346 W.
4 Hawaii IslandMakako Bay Figure 6:
i The time-area closure in place between 6 a.m. to 3 p.m. HST daily for Makako Bay includes all surface and subsurface waters between points A, B, C, and D Figure 6 to 216.20; 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. The total surface area of closure is 0.14 mi2. The latitude/longitude coordinates are:
A A194421 N, 156316 W;
B B194425 N, 156326 W;
C C19442 N, 156336 W;
D D194357 N, 156323 W.
ii Reserved 5 MauiLa Perouse Bay Figure 7:
i The time-area closure in place between 6 a.m. to 3 p.m. HST daily for La Perouse Bay includes all surface and subsurface waters between points A, B, C, and D Figure 7 to 216.20. The approximate segment length of AB is 1,120 m 0.70 mi, the segment length of CD is 1,290 m 0.80 mi, the segment length of AC is 670 m 0.42 mi, and the segment length of BD is 510 m 0.32 mi. The total surface area of closure is 0.31 mi2. The latitude/
longitude coordinates are:
A A203553 N, 1562512 W;
B B203531 N, 1562450 W;
C C203535 N, 1562526 W;
D D203513 N, 1562454 W.
ii All coordinates referenced to The World Geodetic System of 1984 WGS
84.

g Prohibitions. Unless otherwise excepted in paragraph c of this section, it is unlawful for any person or vessel, during the hours from 6 a.m. to 3 p.m.
HST, to enter, cause to enter, solicit to enter, or remain within any of the five time-area closures identified in paragraph f of this section. This prohibition includes all means of accessing the closed area during the relevant times, including on or below the surface of the water;
h Exceptions. The prohibitions of paragraph b of this section do not apply to:
1 Vessel operations necessary to avoid an imminent and serious threat to a person or vessel;
2 Activities authorized through a permit or authorization issued by the National Marine Fisheries Service;
3 Federal, State, or local government vessels, aircraft, personnel, and assets when necessary in the course of performing official duties;
4 Vessels participating in organized community-based outrigger canoe races that transit straight through a time-area closure;
5 Vessels that transit straight through the time-area closure for the sole purpose of ingress and egress to privately owned shoreline residential property located immediately adjacent to the time-area closure; and 6 Outrigger canoes used for traditional subsistence fishing intended for personal, family, or community consumption or traditional use;
i Affirmative defense. In connection with any action alleging a violation of this section, any person claiming the benefit of any exemption, exception, or permit listed in paragraph c of this section has the burden of proving that the exemption or exception is applicable, or that the permit was granted and was valid and in force at the time of the alleged violation.
j Maps of areas for Hawaiian spinner dolphin special restrictions. Figures 3
through 7 to this section are overview maps. Table 2 to paragraph j provides the corresponding coordinate data for the time-area closure areas for Hawaiian spinner dolphin special restrictions.

TABLE 2 TO PARAGRAPH jCOORDINATES FOR THE FIVE TIME-AREA CLOSURES DESIGNATED IN HAWAII AND MAUI
Latitude
Longitude
Coordinates for the Hawaii IslandKealakekua Bay time-area closure Figure 3 to 216.20
Hawaii IslandKealakekua Bay Figure A
B C

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192837 N
192854 N
192848 N

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1555515 W
1555544 W
1555549 W