the president - university of hawaii 45.pdf · presidential documents proclamation 8335 of january...

Monday,

January 12, 2009

Part V

The President Proclamation 8335-Establishment of the Marianas Trench Marine National Monument Proclamation 8336--Establishment of the Pacific Remote Islands Marine National Monument Proclamation 8337-Establishment of the Rose Atoll Marine National Monument

University of Hawaii School of Law Library - Jon Van Dyke Archives Collection

Federal Register

Vol. 74. No. 7

Monday , January 12. 2009

T itle 3-

The President

1557

Presidential Documents

Proclamation 8335 of Ja nuary 6 , 2009

Establishment of the Marianas Trench Marine National Monument

By the President of the United States of Am erica

A Proclamation

Over approximat ely 480 nau tica l mi les , the Mariana Arch ipe lago encom· passes the 14 islands of the United States Com monwealt h of the Northern Mariana Is lands and the Uni ted States Terr itory of Guam tha t s it atop the Mari ana Ridge in an area known as the Ma riana Volcanic Arc. The Mariana Volca n ic Arc is part of a s ubduct ion system in which the Pacific Plate p lunges beneath the Ph ilippi ne Sea Plate and into the Earth's mantle, c reating the Mariana Trench. Six o f the archipelago's is lands have been vo lcanica lly active in histori c times , and numerous seamounts along the Mariana Ridge are volcanically or hydrothermically act ive. T he Ma riana T rench is approximately 940 nautica l mi les long and 38 nau tica l miles wide w it h in the United States Excl usive Econom ic Zone and contains the deepes t known poin ts in the global ocean.

Th e Mariana Volcan ic Arc contains objects of scientific interest, including the la rgest active mlld volcanoes OJ] Earth . The Cham pagne vent, located at the Eifuku submarine vol cano, produces almost ure Ii uid carbon dioxide. This phenomenon has only been observed at on e ot leI' s ite in the world. The Sul fu r Cauldron , a""pool of liq u id sulfu r, is fo und at the Daikoku subma ri ne vo lcano . Th e o nly other known loca tion of molten su lfur is on 10 , a mOon of Jup ite r. Un li ke o ther reefs across the Pacific, th e nol'l hernmos l Mariana reefs p rovide unique volcan ic habitats that su pport marine bi ological co mmu nit ies requ iring bas[l lt . Maug Crate r rep resents on e of only [I handful of places o n Earth where pho tosyn the tic and chemosynthetic communities of life a re known to come together.

The waters of the archipelago's northern islands are am ong th e most biologically diverse in the Wes tern Pacific and incl ude the greatest di versi ty of seamount an d hydrothermal vent li fe ye t discovered. These vo lcanic is land s 81'e ri nged by co ral ecosystems with very h igh numbers of apex p redators, includ ing large numbers of sharks. T hey also contain one of the most di verse collections of stony corals in the Wes tern Paci fic. The northern islands and shoals in the arch ipelago have substantially higher la rge fi sh biomass. including apex predators, than the southern is lands and Guam. The waters of Farallon de Pajaros (also know n as Uracas), Maug, and As uncion support so me of the largest bi omass of reef fishes in the Mariana Archi pelago . T hese rela tively pris tine coral reef ecosys tems are objects of scientific interest and essent ia l to th e long-term study of tropical marine ecosystems.

WHEREAS the s ubm erged volcanic areas of the Mari ana Ridge, the coral reef ecosys tems of the waters surroundi ng the is lands of Para lion de Pajal'os, Maug. and Asuncion in the Com monwealth of the Northern Mariana Islands . and the Mariana Trench contain obj ects of scientific interest that a re s ituated upon lands owned or controlled by the Government of the United States;

\I\fHEREAS the United States con tinues to act in accordance with the balaoce] -* of interests relating to t radi tional llses of the oceans recognizing freedom


1558 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009/ Presidential Documents

of navigation and overflight and other internationall r reco nized lav.rful uses 0 16

WHEREAS the isla nds, waters, and airspace of the Mariana Ridge are of partjcula r ifFIfl8 l t611ee ts the national security Of the J Joiled States;

WHEREAS sect ion 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 431) (the "Antiqui ties Act") authorizes the President, in his discretion, to declare by public proclamation his toric landmarks, h isto ric and prehistoric structures, and other objects of historic or scientific interest that are sit ua ted u pon lands owned or controlled by the Government of the United States to be nationa l monuments, and to reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatibl e with the proper care and management of the objects to be protected;

WHEREAS it is in the public interest to reserve the known volcani c areas oU he Mariana Ridge. the marine environment aro n de Pajaros, Maug, and SUnClQn 111 1e Commonwealth of the Northern Mariana Islands, and the Mariana Trench for the care and management of th e scientific objects therell1:

NOW, THEREFORE, I, GEORGE W. BUSH, President of the Un ited States of America, by the au thority vested in me by section 2 of the Antiquities Act do proclaim tha t there are hereby set apart and reserved as the Marianas Trench Marine Nationa l Monument (the "monument" or "manne natIOnal monument") for the purpose of protecting the objects identified above, all lands and interests in lands owned or contro lled by th e Government of the United States with in the boundaries des .' e low and depicted on the accompanying m.ap enllt e "Marianas Trench Marine National Monument" attached to and forming a part of thi s proclamation . The monument, in cludes the waters and submer ed lands of the llu ee northernmost Manana man s 1e " u ds-blni-t"")--amJ-orrty-tlr"-,,,'ubmerg 0 deSlgna te~ volcanic sites (the "Volcanic Unit " ) and the Mariana Trench th ,,- rene UniTJ 0 1e extent escri e as 0 ows: The seaward boundari es of the Islands Gmt of the mon umen t exten d to the lines of latitude and longitude depi cted on the accompanying map, which lie approximately ~50 na uti cal miles- from the mea n low water line of Farallon de Pajaros (Uracas), Maug, and Asuncion. The in land boundary of the Islands Unit of the monument is the mean low water line. The boundary of th e Trench Unit of the monument ex tends from the northern limit of the Exclusive Economic Zone of th e United States in the Commonwealth of the Northern Ma riana Is lands to the south ern limit of the Exclusive Econo mic Zone of the United States in Guam approximately followi ng the points of latitude and longitude identi· fied on the accompanying map. The boundari es of tbe Volcanic J In it of the monument include a circle drawn with a 1 nautical mile rad ius centered on each of the volcanic-- features Idenufied on the accom an ' 111 rna) a nd Lts egen . T e Fe era an an interests in an reserved consists of approx imately 95,216 square miles of subm erge.cLlands-and- waters-Uf the Mariana Archipelago, which is the smallest area co mpatibl e with the proper care and management of the objects to be protected.

Submerged lands that by legis lation are subsequently granted by the United States to the Commonwealth of the Nor thern Mariana Islands but remain contro ll ed by the United States under the Antiq uities Act may remain part of the monument, for coordinati on of management w ith the Government of the Commonwealth of the North ern Mariana Islands. Any submerged lands and interes ts in subm erged lands within the monum en t not owned or controll ed by the Un ited States shall be rese rved as a part of the mon ument upon acquisition of ti tle or control by the United States.

Management of the Marine National Monument

Th e Secretaries of Commerce, through the National Oceanic and Atmos ph eric Administrat ion, and the In teri or, shall mana e the mon ument ursuant to applicable legal authorities and in consultatio n Wit 1 e eere ary 0 Defense.

(~,-rc //-7/ )


Federal Register / Vol. 74, No. 7/ Monday, January 12, 2009/ Presidential Documents 1559

The SecretaI' of the Interior shall have mana em n res onsibil it for-1he n on umen t, in cansu lallan Wit 1 t e Secretary o f Commerce, except t 18t

fhe Secretary of Commerce shall have the primary management responsibility, in consu ltation with the Secretary of the In teri or, with respect to fisheryrelated activi ties regulated pursuant to the Magnuson-Stevens fishery Conservation and Management Act (16 U.S.c. 1801 e/ seq.) and any oth er applicabl e authoriti es. The Secretaries of the Interior and Comme rce shall not a llow or permit any app ropriation , injury, destruction , or remova l of any feature of this monument except as provided for by this procla matio n or as otherwise provided for by law.

The Secretaries of the Interior and Commerce shall take appropriate acti on pursuant to their respective authorities under the Ant iquities Act and the Magnuson·Stevens fi shery Conservation and Management Act, and such other authorities as may be available to implement th is proclamation, to regulat e fisheries , and to ensure proper care and management of the mon u· ment.

Regula/ian of Scientific Explo/'O /ion and Research

Subj ect to such terms and conditions as the Secretary deems necessary for th e care and management of the objects of this monumen t, the Secretary o f the Interior may perm it scie ntific exp lo ration and research w ithin the monumen t, including incidental appropriation, injury, destruction, or re· moval of features of this monument for scientific study, and the Secretary of Commerce may permit fishi ng within the monument for scientific explo· ration and research purposes to the extent authorized by the Magnuson· Stevens Fishery Conservation and Management Act. The prohibitions required by th is proclamati on shall not restri ct scie ntific exploration or research acti vities by or fo r the Secretaries, and nothing in this proc lama tion sha ll be construed to require a permit or othe r authorization from th e other Secretary fo r the ir respective scientific activities.

Regula/ion of Fishing and Managemen/ of Fishery Resources

Within the Islands Unit of the monument, the Secretary of Coml all pro 11 I commercia -IS lin. u Jec 0 suc terms and conditions as the Secretary of Commerce deems necessa ry fo r the care and management of the objects o f the Is land s Unit , the Secretary. consistent with Executive Order 12962 of June 7, 1995, as amended, shall ensure that suslenance, recreational. and traditional indigenous fi sh in shall be mana ed as a sustain· aOle activity consistent with other applicable law an after due consideration " 'ith respect to traditional indigenous fishing of any determination by the Government of the Commonwealth of the Northern Mariana Islands.

lvlonument Management Planning

The Secretaries of the Interi or and Commerce s hall , within 2 years of the date of this proclamation . prepare management plans within their respective authorit ies and promulgate implementi ng regul ati ons that address any further s pecific actions necessary fo r the proper ca re and management of the objects identified in thi s proclamation. In developing and implementing any manage· ment plans and any management rules and regu lations. the Secretaries shall designate and involve as cooperating agencies the agencies with jurisdiction or specia l expertise. incl uding the Departmen t of Defense, the Department of State, and other agencies through scoping in accordance with the National Environmental Policy Act (42 U.S.C. 4321 e/ seq.), its implementing regul ations and with Executive Order 13352 of August 26, 2004, Facilitation of Cooperative Conservation, and shall treat as a cooperating agency the Govern· ment of the Commonwealth of the Northern Mariana Islands. consistent with these authorit ies. The monument management plans shall ens ure that the monument w ill be administered in acco rdance with this proclamation, and shall , as appropriate to thei r respective authorities. provide for:

1. management of the Islands Unit of the monument, in consultation with the Government of the Commonwealth of the Northern Mariana Islands, including designation of specific roles and responsibilities and the means


1560 Federal Regis ter / Vol. 74, No. 7 / Monday, January 12, 2009 / Presidential Documents

I , ,--",/

of consultation on management decisions as appropriate, without affecting the res pective authorities or juri sdict ions of the Commonwea lth of th e Northern Mariana Is lands or the Secretaries of the Interior or of Commerce;

2. public education programs and public outreach regard ing the coral reef ecosystem and related marine resources and species of the monument and effor ts to conserve them;

3. traditional access h¥---indigeJlOllS person s, as identified by the Secreta ries in consultation with the Government of the Commonwealth of the No rthern Mariana Islands, for cultu rally s ignificant subsistence, cultural and religious uses within the monument;

4. a program to assess and promote monument-related scienlific exploration and research, tourism, and recreational and economic activities and opportunities in the Commonwealth of the Northern Mariana Islands;

5. a process to consider requests for recreational fishing permits in certain areas of the Islands Unit, based on an analysis of the li ke ly effects of such fish ing on the marine ecosystems of these areas, sound professional judgment that such fishing wi ll not materially interfere with 01' detract li·om the fu lfi llment of the purposes of this proclamation, and th e extent to wh ich such recreational fi shing shall be managed as a sus tainabl e activity consistent with Executive Order 12962, as amended, and o ther applicable law; and

6. programs for monitoring and enforcement necessary to ensure that sci -entifi c exploration and research, tourism, and recreational and commercial activities do not degrade the monument's coral reef ecosystem 0 1' related marine resources ies or diminish the monument's nat ural character.

'F e management plans and their impl ementing regu lation s shall impose no res trictions on innocent passage in the territo rial sea 01' otherwise res trict navigation, overflight, and other internationally recogn ized lawful uses of y-the sea, and shall incorporate the provisions of this proclamation regarding ---r" Armed Forces actions and compliance with international law.

This proclamation shall be applied in accordance with intemational law. No restri ctions shall apply to or be enforced against a perso n who is not a citizen, nationa l, or resi den t alien of the United States (including fo reign flag vessels) unless in accordance with inl . a

Nothing in this proclamation shall be deemed to diminish 01' enlarge the jurisdiction of the Commonwealth of the Northern Mariana Islands.

Adviso ry Council

The Secretaries of the Interior and Commerce, within 3 months of the dale of this proclamation and after considering recommendat ions from the Governor of the Commonwealth of the Northern Mariana Is lands, th e Secretary of Defense, ana the Secretary of Homeland Security, shall establi sh the Mariana Monument Advisory Council to p rovide advice and recommendations on the deve lopment of management plans and managemenut of the monument. The Advisory Counci l sha ll cons ist of three officials of the Government of"lllearm onweal'fllOnne ort ern arlana sands 7 and a he representative each ITom the Department of Defense and the United Sta es OlISr-emrrd:-. --------:..------------

em ers of the Advisory Cou ncil will be appointed for a term of 3 yearJ / by the Secretaries of the Int erior and Commerce after nomination by the head of the pertinent executive bra nch agency or, ... \lith respect to th e orficials of the Government of the Commonwealth of the Northern Mariana Islands by the Governor of the Commonwealth of the Northern Mariana Islands. The Advisory Council will adopt such procedures as it deems necessary to govern its activiti es. Each part icipating agency shall be responsible for the expenses of its representative and the Departments of the Interior and Co mmerce shall be equally res pons ible for the costs of the Advisory Counc il.

Emergencies, National Security, and Law Enforcement Activ ities


Federal Register / Vol. 74, No.7 / Monday, January 12, 2009 / Presidential Documents 1561

1. The prohibitions required by th is proclamation shall not apply to activities necessary to respond to emergencies threatening life , property, or the env ironment, or to activ iti es necessary for nat iona l security or law enforce ment purposes.

2. Nothing in this proclamation shall limit agency actions to respond to emergencies posi ng an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasi ble solution.

Armed Forces Actio~n::s~ ______ _______ _ ___ _ _

1. The prohibitions requ ired by this proclamation shall not apply to aClivitie and exercises of th e Arm ed Fo rces (including those carried out by the

nited States Coast Guard).

2. The Armed Forces shall ensure, by the adop tion of appropriate meas ures ) not impairing operations or operational capabi lities. that its vesse ls and aircraft act in a manner consistent, so far as is reasonable and practicable, w ith th is proclamation.

3 . In the event of threatened or actual destrllc tion of, loss of, or injury to a monllment living mari ne reso urce res ulting from an incid ent , incl uding but not limited to spills and groundi ngs, caused by a component of the Depa rtment of Defense or the United States Coast Guard, th e cognizant co mponent shall promptly coo rdinate with the Secretary of the Interior or Commerce, as appropriate, for the purpose o f taking appropriate actions to respond to and mitigate any actual harm and, if possible, restore or replace the monum ent resource or quality.

4. Nothing in this procla mation or any regulation impl ementi ng it shall lim it or otherwise affect the Armed porces' di scret ion to use, maintain, improve, manage, or control any property und er the admi nistrative control of a Mil itary Department or otherwise limit the availabil ity of such property for military mission purposes.

Th is proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforcea bl e at law or in equity, by any party against the United States , its agencies, instrumentalities, or entities, its officers , employees, agen ts, or any other person.

All Federa l lands an d interes ts in lands within th e boundaries of this mon ument are hereby withdrawn fTom all forms of en try, location, selection , sa le, or leasing or o ther dispos iti on under th e public land laws, to the ex tent that those laws appl y.

r~ The establishment of thi s mo nument is s b'ect to valid exist in

Nothing in this procl amation shall be deemed to revoke any existing wit hdrawal, reservation, or approp riation; however, the national monument shall be dominant over any other exist ing Federal withdrawal, reservation, or appropriation .

Warning is hereby given to all unauthorized persons not to appro priate, excavate , injure, destroy, or remove any feat ure of this monument and not to locate or settle upon any lands thereof.


1562 Federal Register/Vol. 74, No. 7/Monday, January 12, 200g/Presidential Documents

Billing code 3195-W9-P

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of January, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.


Federa l Regis ter / Vol. 74, No. 7/ Monday, January 12, 2009 / Presidential Documents

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BILLING CODE 4310- 1O-C

Marianas Trench Marine National Monument

* Active Hydrothermal Submarine Volcanoes

Trench Unit (59,732 nm2)

Islands Unit (12,388 nm2)

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