Boundary.

(a) Except for excluded areas described in paragraph (b) of this section, the Hawaiian Islands Humpback Whale National Marine Sanctuary encompasses approximately 1,032 square nautical miles (nmi 2 ) (1,366 sq. mi.), and consists of the submerged lands and waters off the coast of the Hawaiian Islands seaward from the shoreline, cutting across the mouths of rivers and streams: (1) To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai; (2) To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu; (3) To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and westward to Ilio Point, Molokai; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and northward along the shoreline to Lipoa Point, Maui; (4) To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Lipoa Point, Maui, and southward; (5) To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii. (b) Excluded from the Sanctuary boundary are the following commercial ports and small boat harbors: Hawaii (Big Island) Kawaihae Boat Harbor & Small Boat Basin Lanai Kaumalapau Harbor, Manele Harbor Maui Lahaina Boat Harbor Maalaea Boat Harbor Molokai Hale o Lono Harbor Kaunakakai Harbor Oahu Kuapa Pond (Hawaii Kai) (c) The coordinates of the lateral extents of each boundary area within the Sanctuary boundary appear in appendix A of this subpart Q. [64 FR 66570, Nov. 29, 1999, as amended at 88 FR 970, Jan. 6, 2023]