[Federal Register: January 12, 2009 (Volume 74, Number 7)]
[Presidential Documents]
[Page 1555-1563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja09-131]
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Part V
The President
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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
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 1557]]
Proclamation 8335 of January 6, 2009
Establishment of the Marianas Trench Marine
National Monument
By the President of the United States of America
A Proclamation
Over approximately 480 nautical miles, the Mariana
Archipelago encompasses the 14 islands of the United
States Commonwealth of the Northern Mariana Islands and
the United States Territory of Guam that sit atop the
Mariana Ridge in an area known as the Mariana Volcanic
Arc. The Mariana Volcanic Arc is part of a subduction
system in which the Pacific Plate plunges beneath the
Philippine Sea Plate and into the Earth's mantle,
creating the Mariana Trench. Six of the archipelago's
islands have been volcanically active in historic
times, and numerous seamounts along the Mariana Ridge
are volcanically or hydrothermically active. The
Mariana Trench is approximately 940 nautical miles long
and 38 nautical miles wide within the United States
Exclusive Economic Zone and contains the deepest known
points in the global ocean.
The Mariana Volcanic Arc contains objects of scientific
interest, including the largest active mud volcanoes on
Earth. The Champagne vent, located at the Eifuku
submarine volcano, produces almost pure liquid carbon
dioxide. This phenomenon has only been observed at one
other site in the world. The Sulfur Cauldron, a pool of
liquid sulfur, is found at the Daikoku submarine
volcano. The only other known location of molten sulfur
is on Io, a moon of Jupiter. Unlike other reefs across
the Pacific, the northernmost Mariana reefs provide
unique volcanic habitats that support marine biological
communities requiring basalt. Maug Crater represents
one of only a handful of places on Earth where
photosynthetic and chemosynthetic communities of life
are known to come together.
The waters of the archipelago's northern islands are
among the most biologically diverse in the Western
Pacific and include the greatest diversity of seamount
and hydrothermal vent life yet discovered. These
volcanic islands are ringed by coral ecosystems with
very high numbers of apex predators, including large
numbers of sharks. They also contain one of the most
diverse collections of stony corals in the Western
Pacific. The northern islands and shoals in the
archipelago have substantially higher large fish
biomass, including apex predators, than the southern
islands and Guam. The waters of Farallon de Pajaros
(also known as Uracas), Maug, and Asuncion support some
of the largest biomass of reef fishes in the Mariana
Archipelago. These relatively pristine coral reef
ecosystems are objects of scientific interest and
essential to the long-term study of tropical marine
ecosystems.
WHEREAS the submerged volcanic areas of the Mariana
Ridge, the coral reef ecosystems of the waters
surrounding the islands of Farallon de Pajaros, Maug,
and Asuncion in the Commonwealth of the Northern
Mariana Islands, and the Mariana Trench contain objects
of scientific interest that are situated upon lands
owned or controlled by the Government of the United
States;
WHEREAS the United States continues to act in
accordance with the balance of interests relating to
traditional uses of the oceans recognizing freedom
[[Page 1558]]
of navigation and overflight and other internationally
recognized lawful uses of the sea;
WHEREAS the islands, waters, and airspace of the
Mariana Ridge are of particular importance to the
national security of the United States;
WHEREAS section 2 of the Act of June 8, 1906 (34 Stat.
225, 16 U.S.C. 431) (the ``Antiquities Act'')
authorizes the President, in his discretion, to declare
by public proclamation historic landmarks, historic and
prehistoric structures, and other objects of historic
or scientific interest that are situated upon lands
owned or controlled by the Government of the United
States to be national 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
compatible with the proper care and management of the
objects to be protected;
WHEREAS it is in the public interest to preserve the
known volcanic areas of the Mariana Ridge, the marine
environment around the islands of Farallon de Pajaros,
Maug, and Asuncion in the Commonwealth of the Northern
Mariana Islands, and the Mariana Trench for the care
and management of the scientific objects therein:
NOW, THEREFORE, I, GEORGE W. BUSH, President of the
United States of America, by the authority vested in me
by section 2 of the Antiquities Act do proclaim that
there are hereby set apart and reserved as the Marianas
Trench Marine National Monument (the ``monument'' or
``marine national monument'') for the purpose of
protecting the objects identified above, all lands and
interests in lands owned or controlled by the
Government of the United States within the boundaries
described below and depicted on the accompanying map
entitled ``Marianas Trench Marine National Monument''
attached to and forming a part of this proclamation.
The monument includes the waters and submerged lands of
the three northernmost Mariana Islands (the ``Islands
Unit'') and only the submerged lands of designated
volcanic sites (the ``Volcanic Unit'') and the Mariana
Trench (the ``Trench Unit'') to the extent described as
follows: The seaward boundaries of the Islands Unit of
the monument extend to the lines of latitude and
longitude depicted on the accompanying map, which lie
approximately 50 nautical miles from the mean low water
line of Farallon de Pajaros (Uracas), Maug, and
Asuncion. The inland boundary of the Islands Unit of
the monument is the mean low water line. The boundary
of the Trench Unit of the monument extends from the
northern limit of the Exclusive Economic Zone of the
United States in the Commonwealth of the Northern
Mariana Islands to the southern limit of the Exclusive
Economic Zone of the United States in Guam
approximately following the points of latitude and
longitude identified on the accompanying map. The
boundaries of the Volcanic Unit of the monument include
a circle drawn with a 1 nautical mile radius centered
on each of the volcanic features identified on the
accompanying map and its legend. The Federal land and
interests in land reserved consists of approximately
95,216 square miles of submerged lands and waters of
the Mariana Archipelago, which is the smallest area
compatible with the proper care and management of the
objects to be protected.
Submerged lands that by legislation are subsequently
granted by the United States to the Commonwealth of the
Northern Mariana Islands but remain controlled by the
United States under the Antiquities Act may remain part
of the monument, for coordination of management with
the Government of the Commonwealth of the Northern
Mariana Islands. Any submerged lands and interests in
submerged lands within the monument not owned or
controlled by the United States shall be reserved as a
part of the monument upon acquisition of title or
control by the United States.
Management of the Marine National Monument
The Secretaries of Commerce, through the National
Oceanic and Atmospheric Administration, and the
Interior, shall manage the monument pursuant to
applicable legal authorities and in consultation with
the Secretary of Defense.
[[Page 1559]]
The Secretary of the Interior shall have management
responsibility for the monument, in consultation with
the Secretary of Commerce, except that the Secretary of
Commerce shall have the primary management
responsibility, in consultation with the Secretary of
the Interior, with respect to fishery-related
activities regulated pursuant to the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.) and any other applicable authorities. The
Secretaries of the Interior and Commerce shall not
allow or permit any appropriation, injury, destruction,
or removal of any feature of this monument except as
provided for by this proclamation or as otherwise
provided for by law.
The Secretaries of the Interior and Commerce shall take
appropriate action pursuant to their respective
authorities under the Antiquities Act and the Magnuson-
Stevens Fishery Conservation and Management Act, and
such other authorities as may be available to implement
this proclamation, to regulate fisheries, and to ensure
proper care and management of the monument.
Regulation of Scientific Exploration and Research
Subject to such terms and conditions as the Secretary
deems necessary for the care and management of the
objects of this monument, the Secretary of the Interior
may permit scientific exploration and research within
the monument, including incidental appropriation,
injury, destruction, or removal of features of this
monument for scientific study, and the Secretary of
Commerce may permit fishing within the monument for
scientific exploration and research purposes to the
extent authorized by the Magnuson-Stevens Fishery
Conservation and Management Act. The prohibitions
required by this proclamation shall not restrict
scientific exploration or research activities by or for
the Secretaries, and nothing in this proclamation shall
be construed to require a permit or other authorization
from the other Secretary for their respective
scientific activities.
Regulation of Fishing and Management of Fishery
Resources
Within the Islands Unit of the monument, the Secretary
of Commerce shall prohibit commercial fishing. Subject
to such terms and conditions as the Secretary of
Commerce deems necessary for the care and management of
the objects of the Islands Unit, the Secretary,
consistent with Executive Order 12962 of June 7, 1995,
as amended, shall ensure that sustenance, recreational,
and traditional indigenous fishing shall be managed as
a sustainable activity consistent with other applicable
law and after due consideration with respect to
traditional indigenous fishing of any determination by
the Government of the Commonwealth of the Northern
Mariana Islands.
Monument Management Planning
The Secretaries of the Interior and Commerce shall,
within 2 years of the date of this proclamation,
prepare management plans within their respective
authorities and promulgate implementing regulations
that address any further specific actions necessary for
the proper care and management of the objects
identified in this proclamation. In developing and
implementing any management plans and any management
rules and regulations, the Secretaries shall designate
and involve as cooperating agencies the agencies with
jurisdiction or special expertise, including the
Department of Defense, the Department of State, and
other agencies through scoping in accordance with the
National Environmental Policy Act (42 U.S.C. 4321 et
seq.), its implementing regulations and with Executive
Order 13352 of August 26, 2004, Facilitation of
Cooperative Conservation, and shall treat as a
cooperating agency the Government of the Commonwealth
of the Northern Mariana Islands, consistent with these
authorities. The monument management plans shall ensure
that the monument will be administered in accordance
with this proclamation, and shall, as appropriate to
their 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
[[Page 1560]]
of consultation on management decisions as appropriate,
without affecting the respective authorities or
jurisdictions of the Commonwealth of the Northern
Mariana Islands or the Secretaries of the Interior or
of Commerce;
2. public education programs and public outreach
regarding the coral reef ecosystem and related marine
resources and species of the monument and efforts to
conserve them;
3. traditional access by indigenous persons, as
identified by the Secretaries in consultation with the
Government of the Commonwealth of the Northern Mariana
Islands, for culturally significant subsistence,
cultural and religious uses within the monument;
4. a program to assess and promote monument-related
scientific 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 likely effects of such
fishing on the marine ecosystems of these areas, sound
professional judgment that such fishing will not
materially interfere with or detract from the
fulfillment of the purposes of this proclamation, and
the extent to which such recreational fishing shall be
managed as a sustainable activity consistent with
Executive Order 12962, as amended, and other applicable
law; and
6. programs for monitoring and enforcement necessary to
ensure that scientific exploration and research,
tourism, and recreational and commercial activities do
not degrade the monument's coral reef ecosystem or
related marine resources or species or diminish the
monument's natural character.
The management plans and their implementing regulations
shall impose no restrictions on innocent passage in the
territorial sea or otherwise restrict navigation,
overflight, and other internationally recognized lawful
uses of the sea, and shall incorporate the provisions
of this proclamation regarding Armed Forces actions and
compliance with international law.
This proclamation shall be applied in accordance with
international law. No restrictions shall apply to or be
enforced against a person who is not a citizen,
national, or resident alien of the United States
(including foreign flag vessels) unless in accordance
with international law.
Nothing in this proclamation shall be deemed to
diminish or enlarge the jurisdiction of the
Commonwealth of the Northern Mariana Islands.
Advisory Council
The Secretaries of the Interior and Commerce, within 3
months of the date of this proclamation and after
considering recommendations from the Governor of the
Commonwealth of the Northern Mariana Islands, the
Secretary of Defense, and the Secretary of Homeland
Security, shall establish the Mariana Monument Advisory
Council to provide advice and recommendations on the
development of management plans and management of the
monument. The Advisory Council shall consist of three
officials of the Government of the Commonwealth of the
Northern Mariana Islands and one representative each
from the Department of Defense and the United States
Coast Guard.
Members of the Advisory Council will be appointed for a
term of 3 years by the Secretaries of the Interior and
Commerce after nomination by the head of the pertinent
executive branch agency or, with respect to the
officials 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 activities. Each participating
agency shall be responsible for the expenses of its
representative and the Departments of the Interior and
Commerce shall be equally responsible for the costs of
the Advisory Council.
Emergencies, National Security, and Law Enforcement
Activities
[[Page 1561]]
1. The prohibitions required by this proclamation shall
not apply to activities necessary to respond to
emergencies threatening life, property, or the
environment, or to activities necessary for national
security or law enforcement purposes.
2. Nothing in this proclamation shall limit agency
actions to respond to emergencies posing an
unacceptable threat to human health or safety or to the
marine environment and admitting of no other feasible
solution.
Armed Forces Actions
1. The prohibitions required by this proclamation shall
not apply to activities and exercises of the Armed
Forces (including those carried out by the United
States Coast Guard).
2. The Armed Forces shall ensure, by the adoption of
appropriate measures not impairing operations or
operational capabilities, that its vessels and aircraft
act in a manner consistent, so far as is reasonable and
practicable, with this proclamation.
3. In the event of threatened or actual destruction of,
loss of, or injury to a monument living marine resource
resulting from an incident, including but not limited
to spills and groundings, caused by a component of the
Department of Defense or the United States Coast Guard,
the cognizant component shall promptly coordinate with
the Secretary of the Interior or Commerce, as
appropriate, for the purpose of taking appropriate
actions to respond to and mitigate any actual harm and,
if possible, restore or replace the monument resource
or quality.
4. Nothing in this proclamation or any regulation
implementing it shall limit or otherwise affect the
Armed Forces' discretion to use, maintain, improve,
manage, or control any property under the
administrative control of a Military Department or
otherwise limit the availability of such property for
military mission purposes.
This proclamation is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its agencies, instrumentalities, or
entities, its officers, employees, agents, or any other
person.
All Federal lands and interests in lands within the
boundaries of this monument are hereby withdrawn from
all forms of entry, location, selection, sale, or
leasing or other disposition under the public land
laws, to the extent that those laws apply.
The establishment of this monument is subject to valid
existing rights.
Nothing in this proclamation shall be deemed to revoke
any existing withdrawal, reservation, or appropriation;
however, the national monument shall be dominant over
any other existing Federal withdrawal, reservation, or
appropriation.
Warning is hereby given to all unauthorized persons not
to appropriate, excavate, injure, destroy, or remove
any feature of this monument and not to locate or
settle upon any lands thereof.
[[Page 1562]]
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.
(Presidential Sig.)
Billing code 3195-W9-P
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[GRAPHIC] [TIFF OMITTED] TD12JA09.000
[FR Doc. E9-496
Filed 1-9-09; 8:45 am]
BILLING CODE 4310-10-C