[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Presidential Documents]
[Pages 1577-1581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-505]



                         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

[[Page 1577]]

                Proclamation 8337 of January 6, 2009

                
Establishment of the Rose Atoll Marine National 
                Monument

                By the President of the United States of America

                A Proclamation

                In the Pacific Ocean approximately 130 nautical miles 
                east-southeast of Pago Pago Harbor, American Samoa, 
                lies Rose Atoll--the easternmost Samoan island and the 
                southernmost point of the United States. This small 
                atoll, which includes the Rose Atoll National Wildlife 
                Refuge with about 20 acres of land and 1,600 acres of 
                lagoon, remains one of the most pristine atolls in the 
                world. The lands, submerged lands, waters, and marine 
                environment around Rose Atoll support a dynamic reef 
                ecosystem that is home to a very diverse assemblage of 
                terrestrial and marine species, many of which are 
                threatened or endangered.

                One of the most striking features of Rose Atoll is the 
                pink hue of fringing reef caused by the dominance of 
                coralline algae, which is the primary reef-building 
                species. Though there are roughly 100 species of stony 
                corals, the shallow reefs are dominated by crustose 
                coralline algae, making them distinctive and quite 
                different from those found at other Samoan islands. The 
                marine area provides isolated, unmolested nesting 
                grounds for green and hawksbill turtles and has the 
                largest number of nesting turtles in American Samoa. 
                Its waters are frequented by numerous large predators: 
                whitetip reef sharks, blacktip reef sharks, gray reef 
                sharks, snappers, jacks, groupers, and barracudas. 
                Species that have faced depletion elsewhere, some of 
                which have declined worldwide by as much as 98 percent, 
                are found in abundance at Rose Atoll, including giant 
                clams, Maori wrasse, large parrotfishes, and blacktip, 
                whitetip, and gray reef sharks. Humpback whales, pilot 
                whales, and the porpoise genus Stenella have all been 
                spotted at Rose Atoll. There are 272 species of reef 
                fish, with seven species first described by scientists 
                at Rose and dozens more new species discovered on the 
                first deep water dive to 200 meters. Recent submersible 
                dives around Rose Atoll have revealed abundant marine 
                life, deep sea coral forests, and several new fish and 
                invertebrate species.

                Rose Atoll supports most of the seabird population of 
                American Samoa, including 12 federally protected 
                migratory seabirds, five species of federally protected 
                shorebirds, and a migrant forest bird, the long-tailed 
                cuckoo. Rare species of nesting petrels, shearwaters, 
                and terns are thriving at Rose Atoll and increasing in 
                number. The atoll is known to Samoans, who have 
                periodically visited over the past millennium, as 
                ``Nu'u O Manu'' (``Village of seabirds''). It is 
                believed that Polynesians have harvested at Rose Atoll 
                for millennia and several species, such as the giant 
                clam, were used for cultural celebrations and events. 
                Few relatively undisturbed islands remain in the world 
                and Rose Atoll is one of the last remaining refuges for 
                the seabird and turtle species of the Central Pacific. 
                Threatened Pisonia atoll forest trees are also found at 
                Rose Atoll.

                WHEREAS the lands, submerged lands, and waters of and 
                marine environment around Rose Atoll contain objects of 
                historic or 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 1578]]

                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 
                lands, submerged lands and waters of, and marine 
                environment around Rose Atoll as necessary 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 Rose 
                Atoll Marine National Monument (the ``monument'' or 
                ``marine national monument'') for the purpose of 
                protecting the objects described in the above preceding 
                paragraphs, all lands and interests in lands owned or 
                controlled by the Government of the United States 
                within the boundaries that lie approximately 50 
                nautical miles from the mean low water line of Rose 
                Atoll as depicted on the accompanying map entitled 
                ``Rose Atoll Marine National Monument'' attached to and 
                forming a part of this proclamation. The Federal land 
                and interests in land reserved consists of 
                approximately 13,451 square miles of emergent and 
                submerged lands and waters of and around Rose Atoll in 
                American Samoa, which is the smallest area compatible 
                with the proper care and management of the objects to 
                be protected.

                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.

                Management of the Marine National Monument 

                The Secretary of the Interior shall have management 
                responsibility for the monument, including Rose Atoll 
                National Wildlife Refuge, in consultation with the 
                Secretary of Commerce, except that the Secretary of 
                Commerce, through the National Oceanic and Atmospheric 
                Administration, shall have the primary management 
                responsibility regarding the management of the marine 
                areas of the monument seaward of mean low water, 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 Secretary of Commerce 
                shall initiate the process to add the marine areas of 
                the monument to the Fagatele Bay National Marine 
                Sanctuary in accordance with the National Marine 
                Sanctuaries Act (16 U.S.C. 1431 et seq.), including its 
                provision for consultation with an advisory council, to 
                further the protection of the objects identified in 
                this proclamation. In developing and implementing any 
                management plans and any management rules and 
                regulations, the Secretary of Commerce shall consult 
                with the Secretary of the Interior and shall designate 
                and involve as cooperating agencies the agencies with 
                jurisdiction or special expertise, including the 
                Department of State, the Department of Defense, 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 American Samoa, 
                consistent with these authorities.

                The Secretary of the Interior shall continue to manage 
                the Rose Atoll National Wildlife Refuge consistent with 
                the protection of the objects identified in this 
                proclamation. The Secretary of the Interior shall, in 
                developing any

[[Page 1579]]

                management plans and any management rules and 
                regulations governing the Rose Atoll National Wildlife 
                Refuge, comply with the National Environmental Policy 
                Act and consult with the Secretary of Commerce.

                For the purposes of protecting the objects identified 
                above, the Secretaries of the Interior and Commerce, 
                respectively, 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.

                 Regulation of Scientific Exploration and Research

                Subject to such terms and conditions as the Secretaries 
                deem 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 Secretaries shall prohibit commercial fishing 
                within the monument. Subject to such terms and 
                conditions as the Secretaries deem necessary for the 
                care and management of the objects of this monument, 
                the Secretaries may permit noncommercial and sustenance 
                fishing or, after consultation with the Government of 
                American Samoa, traditional indigenous fishing within 
                the monument. The Secretaries of the Interior and 
                Commerce, respectively, in consultation with the 
                Government of American Samoa, shall provide for a 
                process to ensure that recreational fishing shall be 
                managed as a sustainable activity consistent with 
                Executive Order 12962 of June 7, 1995, as amended, and 
                other applicable 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. The management plan and 
                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.

                Nothing in this proclamation shall be deemed to 
                diminish or enlarge the jurisdiction of the Government 
                of American Samoa. The Secretaries of the Interior and 
                Commerce shall, in developing any management plans and 
                any management rules and regulations governing the 
                marine areas of the monument, as described above, 
                consult with the Government of American Samoa.

                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

[[Page 1580]]

                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.

                 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, or 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.)

Billing code 3195-W9-P



[[Page 1581]]

[GRAPHIC] [TIFF OMITTED] TD12JA09.006


[FR Doc. E9-505
Filed 1-9-09; 8:45 am]
Billing code 4310-10-C
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