Endangered Fish or Wildlife; Special Prohibitions; Approaching Humpback Whales in Hawaiian Waters

NMFS issues a rule that prohibits aircraft from approaching closer than 1,000 ft (300 m) to a humpback whale, and prohibits vessels or people from approaching by any means closer than 100 yd (90 m) to a humpback whale in Hawaiian waters. These provisions were contained in an interim rule issued in 1987. The interim rule also identified cow/ calf waters and contained provisions concerning approaches to humpback whales in these areas. Section 17 of the Marine Mammal Protection Act Amendments of 1994 terminated the latter provisions. This rule implements the statutory change.