[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Presidential Documents]
[Pages 1565-1575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-500]



                         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 8336 of January 6, 2009

                
Establishment of the Pacific Remote Islands 
                Marine National Monument

                By the President of the United States of America

                A Proclamation

                The Pacific Remote Islands area consists of Wake, 
                Baker, Howland, and Jarvis Islands, Johnston Atoll, 
                Kingman Reef, and Palmyra Atoll, which lie to the south 
                and west of Hawaii. With the exception of Wake Island, 
                these islands are administered as National Wildlife 
                Refuges by the United States Fish and Wildlife Service 
                of the Department of the Interior. These refuges are an 
                important part of the most widespread collection of 
                marine- and terrestrial-life protected areas on the 
                planet under a single country's jurisdiction. They 
                sustain many endemic species including corals, fish, 
                shellfish, marine mammals, seabirds, water birds, land 
                birds, insects, and vegetation not found elsewhere.

                Wake Island, to the west of Honolulu, Hawaii, is the 
                northernmost atoll in the Marshall Islands geological 
                ridge and perhaps the oldest living atoll in the world. 
                Though it was substantially modified by the United 
                States to create a military base before and after World 
                War II, its major habitats are the three low coral 
                islands consisting of shells, coral skeletons, and 
                sand, supporting atoll vegetation adapted to arid 
                climate. Wake Island supports 12 species of resident 
                nesting seabirds and 6 species of migratory shorebirds, 
                including 2 species of tropicbirds, 3 species of 
                boobies, Great Frigatebird, Sooty Tern, Brown Noddy, 
                and Wedge-tailed Shearwater. Black-footed Albatross and 
                Laysan Albatross recently recolonized Wake Island, 
                making it one of the few northern albatross colonies 
                outside the Hawaiian archipelago.

                Shallow coral reefs thrive around the perimeter of Wake 
                Island. Fish populations are abundant and support at 
                least 323 species, including large populations of the 
                Napoleon wrasse (Chelinus), sharks of several species, 
                and large schools of the Bumphead parrotfish 
                (Bolbometapon), all of which are globally depleted. 
                Beyond the shallow reefs, the outer reef slope descends 
                sharply to great depths.

                Baker, Howland, and Jarvis Islands were first formed as 
                fringing reefs around islands formed by Cretaceous-era 
                volcanoes (approximately 120-75 million years ago). As 
                the volcanoes subsided, the coral reefs grew upward, 
                maintaining proximity to the sea surface. These low 
                coral islands consist of coral rock, shells, and sand 
                that support trees, shrubs, and grasses adapted to the 
                arid climate at the equator. All three are surrounded 
                by shallow coral reefs to depths of 100 meters, below 
                which the reef slope descends steeply to great depths. 
                Deep coral forests occur below photic zones of all 
                three islands at depths below 200 meters, especially at 
                Jarvis where surveys have revealed living colonies of 
                precious and ancient gold coral up to 5,000 years old.

                The waters surrounding Baker, Howland, and Jarvis 
                Islands have fish biomass double that of the 
                Papahanaumokuakea Marine National Monument, and 16 
                times that of the main Hawaiian Islands, due to the 
                Equatorial Undercurrent that moves from west to east 
                along the equator, creating localized nutrient-rich 
                upwellings in shallows next to the islands. These are 
                three

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                of only six islands in the entire Pacific Ocean where 
                this phenomenon is possible. These islands are high in 
                coral cover and biodiversity and are predator-dominated 
                systems. Their biomass of top predators exceeds that of 
                the Great Barrier Reef or Kenyan Marine Protected 
                Areas. The islands now host about a dozen nesting bird 
                species including several nesting and migratory bird 
                species that are of conservation significance. Jarvis 
                alone has nearly 3 million pairs of Sooty Terns. There 
                are about 300 fish species found off the islands. Giant 
                clams (Tridacna), Napoleon wrasses, and Bumphead 
                parrotfish are common, and sharks of many species are 
                especially abundant at Jarvis and commonly larger there 
                than elsewhere. Endangered hawksbill turtle and 
                threatened green turtles forage in nearshore waters. 
                All three islands afford unique opportunities to 
                conduct climate change research at the equator, far 
                from population centers. The coral skeletons there have 
                recorded the earth's climatic history for many millions 
                of years.

                Johnston Atoll, the northernmost island in the island 
                chain, is an ancient atoll and probably one of the 
                oldest in the Pacific Ocean. Unlike most atolls, it 
                does not have a surrounding barrier reef but has a 
                semicircular emergent reef around the north and western 
                margins of the island. Four major habitats characterize 
                Johnston: low-lying islets consisting of the remains of 
                corals and shells, shallow coral reefs to depths of 150 
                meters, deeper reefs to depths of 1,000 meters or more, 
                and the slope of the ancient volcano on which the 
                island rests.

                Johnston is a genetic and larval stepping stone from 
                the Remote Islands to the Hawaiian Islands for 
                invertebrates, other reef fauna, corals, and dolphins. 
                Despite its isolation, Johnston supports thriving 
                communities of Table corals (Acropora) and a total of 
                45 coral species, including a dozen species confined to 
                the Hawaiian and northern Line Islands. Some 300 
                species of reef fish are at Johnston, including the 
                endemic Nahacky's pygmy angelfish. Many threatened, 
                endangered, and depleted species thrive there, 
                including the green turtle, hawksbill turtle, pearl 
                oyster, giant clams, reef sharks, groupers, humphead 
                wrasse, bumphead parrotfish, whales, and dolphins. 
                Endangered Hawaiian Monk Seals occasionally visit the 
                atoll. Deep diving submersible surveys have revealed 
                that Johnston supports the deepest reef building corals 
                (Leptoseris) on record and large populations of 
                hydrozoan corals (Millepora, Distichopora, Staylaster). 
                Land areas support large populations of migratory 
                shorebirds and resident seabird species, including 
                populations of regional, national, or international 
                significance: Wedge-tailed Shearwaters, Christmas 
                Shearwaters, Red-tailed Tropicbirds, Brown Boobies, 
                Great Frigatebirds, Gray-backed Terns, and White Terns. 
                Approximately 200 threatened Green turtles forage at 
                Johnston. The surrounding waters are used by six 
                depleted or endangered listed cetacean species: Sperm, 
                Blue, Sei, Humpback, and North Pacific Right whales. 
                Spinner dolphins are abundant, and endangered Humpback 
                whales may calve there.

                Palmyra Atoll is a classic Darwinian atoll that formed 
                atop a sinking Cretaceous-era volcano. Kingman Reef 
                formed in the same manner but is considered an atoll 
                reef because it lacks permanent fast land areas or 
                islands. Kingman Reef contains a sheltered lagoon that 
                served as a way station for flying boats on Hawaii-to-
                American Samoa flights during the late 1930s. There are 
                no terrestrial plants on the reef, which is frequently 
                awash, but it does support abundant and diverse marine 
                fauna and flora. Palmyra Atoll is managed by the United 
                States Fish and Wildlife Service as a wildlife refuge. 
                In 2001, the Secretary of the Interior established 
                National Wildlife Refuges at Palmyra Atoll and Kingman 
                Reef.

                Palmyra Atoll and Kingman Reef are known to be among 
                the most pristine coral reefs in the world, with a 
                fully structured inverted food web. Kingman Reef is the 
                most pristine of any reef under U.S. jurisdiction. They 
                are ideal laboratories for assessing effects of climate 
                change without the difficulty of filtering 
                anthropogenic impacts. Both Palmyra Atoll and Kingman 
                Reef support higher levels of coral and other cnidarian 
                species diversity (180-190 species) than any other 
                atoll or reef island in the central Pacific, twice

[[Page 1567]]

                as many as are found in Hawaii or Florida. Palmyra 
                atoll has one of the best remaining examples of Pisonia 
                grandis forest found in the Pacific region. This forest 
                type has been lost or severely degraded over much of 
                its range due to increased human population and 
                development. Fish species diversity at Palmyra (418 
                species) is higher than, while that of Kingman (297 
                species) is comparable to, that of the other remote 
                Pacific refuges. Many threatened, endangered, and 
                depleted species thrive there, including the green and 
                hawksbill turtle, pearl oyster, giant clams (the 
                highest concentration in the Pacific Remote Island 
                Area), reef sharks, Coconut crabs, groupers, humphead 
                and Napoleon wrasse, bumphead parrotfish, and dolphins. 
                Significant numbers of threatened green turtles forage 
                at both atolls, especially at Palmyra; endangered 
                Hawksbill sea turtles forage at both atolls. Large 
                schools of rare Melon-headed whales reside off both 
                atolls. A possibly new species of beaked whale was 
                recently described from 2 specimens stranded at Palmyra 
                and 1 at Christmas Island. Palmyra supports 11 nesting 
                seabird species including the third-largest Red-footed 
                Booby colony in the world. Large numbers of Bristle-
                thighed Curlews, a migratory shorebird of conservation 
                significance, winter at Palmyra.

                WHEREAS Wake, Baker, Howland, and Jarvis Islands, 
                Johnston Atoll, Kingman Reef, and Palmyra Atoll and 
                their surrounding waters contain objects of historic or 
                scientific interest that are situated upon lands owned 
                or controlled by the Government of the United States;

                WHEREAS the Department of Defense has historically 
                maintained facilities, defensive areas, and airspace 
                reservations at Wake Island and Johnston Atoll;

                WHEREAS the United States continues to act in 
                accordance with the balance of interests relating to 
                traditional uses of the oceans recognizing freedom of 
                navigation and overflight and other internationally 
                recognized lawful uses of the sea;

                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 
                marine environment around the islands of Wake, Baker, 
                Howland, and Jarvis Islands, Johnston Atoll, Kingman 
                Reef, and Palmyra Atoll for the care and management of 
                the historic and 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 Pacific 
                Remote Islands 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 maps 
                entitled ``Pacific Remote Islands Marine National 
                Monument'' attached to and forming a part of this 
                proclamation. The monument includes the waters and 
                submerged and emergent lands of the Pacific Remote 
                Islands to the lines of latitude and longitude depicted 
                on the accompanying maps, which lie approximately 50 
                nautical miles from the mean low water lines of Wake, 
                Baker, Howland, and Jarvis Islands, Johnston Atoll, 
                Kingman Reef, and Palmyra Atoll. The Federal land and 
                interests in land reserved consists of approximately 
                86,888 square miles, which is the smallest area 
                compatible with the proper care and management of the 
                objects to be protected.

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                All Federal lands and interests in lands within the 
                boundaries of this monument are hereby withdrawn from 
                all forms of entry, location, selection, sale, leasing, 
                or other disposition under the public land laws to the 
                extent that those laws apply. Lands and interests in 
                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 Secretary of the Interior, in consultation with the 
                Secretary of Commerce, shall have responsibility for 
                management of the monument, including out to 12 
                nautical miles from the mean low water lines of Wake, 
                Baker, Howland, and Jarvis Islands, Johnston Atoll, 
                Kingman Reef, and Palmyra Atoll, pursuant to applicable 
                legal authorities. However, the Secretary of Defense 
                shall continue to manage Wake Island, according to the 
                terms and conditions of an Agreement between the 
                Secretary of the Interior and Secretary of the Air 
                Force, unless and until such Agreement is terminated. 
                The Secretary of Commerce, through the National Oceanic 
                and Atmospheric Administration, and in consultation 
                with the Secretary of the Interior, shall have primary 
                responsibility for management of the monument seaward 
                of the area 12 nautical miles of the mean low water 
                lines of Wake, Baker, Howland, and Jarvis Islands, 
                Johnston Atoll, Kingman Reef, and Palmyra Atoll, 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 legal authorities. The Secretaries of 
                Commerce and the Interior shall not allow or permit any 
                appropriation, injury, destruction, or removal of any 
                feature of this monument except as provided for by this 
                proclamation and shall prohibit commercial fishing 
                within boundaries of the monument.

                The Secretaries of the Interior and of 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 respective 
                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 

                The respective Secretaries may permit noncommercial 
                fishing upon request, at specific locations in 
                accordance with this proclamation. Noncommercial 
                fishing opportunities currently allowed by the U.S. 
                Fish and Wildlife Service at Palmyra Atoll may continue 
                unless the Secretary of the Interior determines such 
                fishing would not be compatible with the purposes of 
                the Palmyra Atoll National Wildlife Refuge. The 
                Secretary shall provide a process to ensure that 
                recreational fishing shall be managed as a sustainable 
                activity in certain areas of the monument, consistent 
                with Executive Order 12962 of June 7, 1995, as amended, 
                and other applicable law.

                 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

[[Page 1569]]

                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 at Baker, Howland, and 
                Jarvis Islands, Kingman Reef, and Palmyra Atoll. The 
                Secretaries shall revise and update the management 
                plans as necessary. The Secretary of the Interior shall 
                revise the management plan to incorporate measures for 
                the management of Johnston Atoll within 2 years of the 
                date that the Department of Defense terminates its use 
                of Johnston Atoll. If the Secretary of the Air Force 
                terminates the Agreement regarding its use of Wake 
                Island, the Secretary of the Interior shall revise the 
                management plan to incorporate Wake Island management 
                within 2 years of the date that the Air Force 
                terminates its use of Wake Island. In developing and 
                implementing any management plans and any management 
                rules and regulations, the Secretaries shall consult 
                and designate and involve as cooperating agencies the 
                agencies with jurisdiction or special expertise, 
                including the Department of Defense, 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.

                The management plans and their implementing regulations 
                shall impose no restrictions on innocent passage in the 
                territorial sea or otherwise restrict navigation and 
                overflight and other internationally recognized lawful 
                uses of the sea in the monument 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.

                Emergencies, National Security, and Law Enforcement 
                Activities 

                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 resource or quality 
                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, including, but not limited 
                to, defensive areas and airspace reservations.

[[Page 1570]]

                The establishment of this monument is subject to valid 
                existing rights.

                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.

                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.

                 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.)

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[FR Doc. E9-500
Filed 1-9-09; 8:45 am]
Billing code 4310-10-C
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