[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Presidential Documents]
[Pages 1557-1563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-496]



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

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 Title 3--
 The President

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                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

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                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 

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                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.

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                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
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