[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Presidential Documents]
[Pages 60227-60234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21138]



[[Page 60225]]

Vol. 81

Wednesday,

No. 169

August 31, 2016

Part IV





The President





-----------------------------------------------------------------------



Proclamation 9478--Papah[amacr]naumoku[amacr]kea Marine National 
Monument Expansion
 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 81 , No. 169 / Wednesday, August 31, 2016 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 60227]]

                Proclamation 9478 of August 26, 2016

                
Papah[amacr]naumoku[amacr]kea Marine National 
                Monument Expansion

                By the President of the United States of America

                A Proclamation

                Through Proclamation 8031 of June 15, 2006, as amended 
                by Proclamation 8112 of February 28, 2007, the 
                President established the Papah[amacr]naumoku[amacr]kea 
                Marine National Monument (Monument), to protect and 
                preserve the marine area of the Northwestern Hawaiian 
                Islands and the historic and scientific objects 
                therein. As stated in Proclamation 8031, the area, 
                including the Northwestern Hawaiian Islands Coral Reef 
                Ecosystem Reserve, the Midway Atoll National Wildlife 
                Refuge, the Battle of Midway National Memorial, and the 
                Hawaiian Islands National Wildlife Refuge, supports a 
                dynamic reef ecosystem with more than 7,000 marine 
                species, of which approximately one quarter are unique 
                to the Hawaiian Islands. This diverse ecosystem is home 
                to many species of coral, fish, birds, marine mammals, 
                and other flora and fauna, including the endangered 
                Hawaiian monk seal, the threatened green sea turtle, 
                and the endangered leatherback and hawksbill sea 
                turtles. In addition, this area has great cultural 
                significance to the Native Hawaiian community and a 
                connection to early Polynesian culture worthy of 
                protection and understanding.

                An area adjacent to the Monument, and that will 
                constitute the Monument Expansion as set forth in this 
                proclamation, includes the waters and submerged lands 
                to the extent of the seaward limit of the United States 
                Exclusive Economic Zone (U.S. EEZ) west of 163[deg] 
                West Longitude, and extending from the boundaries 
                depicted on the map accompanying Proclamation 8031 as 
                amended by Proclamation 8112 (adjacent area).

                As required by the Antiquities Act, the adjacent area 
                contains objects of historic and scientific interest 
                that are situated upon lands owned or controlled by the 
                Federal Government; they are geological and biological 
                resources that are part of a highly pristine deep sea 
                and open ocean ecosystem with unique biodiversity and 
                that constitute a sacred cultural, physical, and 
                spiritual place for the Native Hawaiian community.

                This unique ecosystem has many significant features. 
                Important geological features of the adjacent area 
                include more than 75 seamounts, as well as a non-
                volcanic ridge that extends southwest towards the 
                Johnston Atoll. Together, these features form 
                biodiverse hotspots in the open ocean that provide 
                habitat for deep-sea species, including sponges, other 
                invertebrates, fish, and colonies of corals many 
                thousands of years old. Recent science demonstrates 
                that seamounts harbor a multitude of species with 
                unique ecological traits, some newly discovered. 
                Seamounts, ridges, and other undersea topographic 
                features are important stepping stones that enable 
                marine organisms to spread throughout the Hawaiian 
                Archipelago, and between Hawaii and other 
                archipelagoes. Undisturbed seamount communities in the 
                adjacent area are of significant scientific interest 
                because they provide opportunities to examine the 
                impacts of physical, biological, and geological 
                processes on ecosystem diversity, including 
                understanding the impacts of climate change on these 
                deep-sea communities. These seamounts and ridges also 
                provide the opportunity for identification and 
                discovery of many species not yet known to humans, with 
                possible implications for research, medicine, and other 
                important uses.

[[Page 60228]]

                Recent scientific research, utilizing new technology, 
                has shown that many species identified as objects in 
                Proclamation 8031 inhabit previously unknown 
                geographical ranges that span beyond the existing 
                Monument, and in some cases the adjacent area also 
                provides important foraging habitat for these species. 
                For example, the endangered Hawaiian monk seal forages 
                well beyond the existing Monument. Scientific research 
                on Hawaiian monk seal foraging behavior has shown that 
                monk seals may travel 80 miles and dive to depths of 
                almost 2,000 feet while feeding.

                Important bird species abound in the Monument and the 
                adjacent area. Birds from the world's largest colonies 
                of Laysan albatross, Black-footed albatross, and Bonin 
                petrels, as well as significant populations of 
                shearwaters, petrels, tropicbirds, the endangered 
                Short-tailed albatross, and other seabird species 
                forage in the adjacent area. We now know that 
                albatrosses and Great Frigatebirds rely on the adjacent 
                area during chick-brooding periods, when their foraging 
                is focused within 200 miles of the nesting colonies on 
                the Monument's islands and atolls. At other times, 
                these wide-ranging species use a much broader range 
                (over 1,600 miles) for foraging.

                The adjacent area is a foraging and migration path for 
                five species of protected sea turtles. While green and 
                hawksbill turtles use the near-shore waters of the 
                Monument for nesting, these species--along with the 
                endangered leatherback turtle and threatened loggerhead 
                and olive ridley turtles--migrate through the adjacent 
                area to reach high-productivity foraging areas.

                Twenty-four species of whales and dolphins have been 
                sighted in the adjacent area. Three of these species 
                are listed under the Endangered Species Act as 
                threatened or endangered: sperm whales, fin whales, and 
                sei whales. Cetacean use of the Monument Expansion 
                varies; resident species such as spinner dolphins, 
                false killer whales, and rough-toothed dolphins utilize 
                the area year-round, whereas other species, such as 
                humpback whales, use it as a wintering area. A wide 
                variety of tropical and temperate water dolphin species 
                inhabit the Monument Expansion, including pantropical 
                spotted dolphins, spinner dolphins, striped dolphins, 
                rough-toothed dolphins, and bottlenose dolphins. 
                Several rarely sighted species of dolphin inhabit the 
                area, including Risso's and Fraser's dolphins. Both of 
                these species are primarily oceanic and found in waters 
                deeper than 1,000 meters. Acoustic evidence also shows 
                that endangered blue whales--the largest animals on 
                Earth--visit the area and may migrate past the Hawaiian 
                Islands twice a year.

                Sharks, including tiger sharks and Galapagos sharks, 
                are key species in the ecosystems of the Monument and 
                adjacent area. These large and highly mobile predators 
                have expansive home ranges and regularly move across 
                the boundaries of the current Monument into the 
                adjacent waters. Additionally, blue sharks, three 
                species of thresher sharks, and two species of mako 
                sharks inhabit the open ocean environment of the 
                adjacent area.

                The Monument and adjacent area are part of the most 
                remote island archipelago on Earth. This biological and 
                geographic isolation, coupled with unique oceanographic 
                and geological conditions, has resulted in an ecosystem 
                critical for new species formation and endemism. These 
                forces result in some of the most unique and diverse 
                ecological communities on the planet.

                Importance to Native Hawaiian Culture

                The ocean will always be seen as an integral part of 
                cultural identity for the Native Hawaiian community. 
                The deep sea, the ocean surface, the sky, and all the 
                living things in the area adjacent to the Monument are 
                important to this culture and are deeply rooted in 
                creation and settlement stories. Native Hawaiian 
                culture considers the Monument and the adjacent area a 
                sacred place. This place contains the boundary between 
                Ao, the world of light and the living, and P[omacr], 
                the world of the gods and spirits from which all life 
                is born and to which ancestors return after death. 
                Long-distance voyaging and wayfinding is one of the 
                most unique and valuable traditional practices that the 
                Native Hawaiian community has developed

[[Page 60229]]

                and continues to advance. Once on the verge of cultural 
                extinction, new double-hulled sailing canoes, beginning 
                with the H[omacr]k[umacr]le[revaps]a in the 1970s, are 
                bringing voyaging and wayfinding to new generations. 
                This traditional practice relies on celestial, 
                biological, and natural signs, such as winds, waves, 
                currents and the presence of birds and marine life. The 
                open ocean ecosystem and its natural resources in the 
                adjacent area play an important role within the 
                cultural voyaging seascape within the Hawaiian 
                Archipelago.

                Shipwrecks

                World War II shipwrecks and aircraft in the adjacent 
                area, though not identified as objects under the 
                Antiquities Act in this proclamation, are of great 
                historic interest. The naval portion of the Battle of 
                Midway, one of the most important naval battles of 
                World War II, occurred approximately 200 miles to the 
                northeast of Midway Atoll, in the adjacent area. Deep-
                sea technologies have enabled the USS Yorktown, an 
                aircraft carrier torpedoed during the battle, to be 
                found at more than 16,000 feet below the ocean's 
                surface. Eyewitness accounts and historical records 
                tell the stories of the destroyer USS Hammann, five 
                Japanese vessels (the four aircraft carriers Hiryu, 
                Soryu, Kaga, and Akagi, and the cruiser Mikuma), and 
                several hundred aircraft that were also lost during the 
                battle in this area. The locations of these vessels 
                have yet to be identified. All told, the adjacent area 
                serves as a final resting place for the more than 3,000 
                people lost during the battle.

                WHEREAS, the waters and submerged lands adjacent to the 
                Monument (west of 163[deg] West Longitude and seaward 
                from the boundaries delineated in Proclamation 8031 as 
                amended by Proclamation 8112 out to the limit of the 
                U.S. EEZ) contain objects of historic and scientific 
                interest that are situated upon lands owned or 
                controlled by the Federal Government;

                WHEREAS, section 320301 of title 54, United States Code 
                (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 Federal Government 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, including the waters and submerged 
                lands in the U.S. EEZ west of 163[deg] West Longitude 
                adjacent to Papah[amacr]naumoku[amacr]kea Marine 
                National Monument for the care and management of the 
                historic and scientific objects therein;

                WHEREAS, the well-being of the United States, the 
                prosperity of its citizens and the protection of the 
                ocean environment are complementary and reinforcing 
                priorities; and the United States continues to act with 
                due regard for the rights, freedoms, and lawful uses of 
                the sea enjoyed by other nations under the law of the 
                sea in managing the Papah[amacr]naumoku[amacr]kea 
                Marine National Monument and adjacent areas, and does 
                not compromise the readiness, training, and global 
                mobility of the U.S. Armed Forces when establishing 
                marine protected areas;

                NOW, THEREFORE, I, BARACK OBAMA, President of the 
                United States of America, by the authority vested in me 
                by section 320301 of title 54, United States Code, 
                hereby proclaim the objects identified above that are 
                situated upon lands and interests in lands owned or 
                controlled by the Federal Government to be part of the 
                Papah[amacr]naumoku[amacr]kea Marine National Monument 
                Expansion (Monument Expansion) and, for the purpose of 
                protecting those objects, reserve as a part thereof all 
                lands and interests in lands owned or controlled by the 
                Federal Government within the boundaries described on 
                the accompanying map entitled 
                ``Papah[amacr]naumoku[amacr]kea Marine National 
                Monument Expansion'' attached hereto, which forms a 
                part of this proclamation. The Monument Expansion 
                comprises the waters and submerged lands in the U.S. 
                EEZ west of 163[deg] West Longitude adjacent to

[[Page 60230]]

                the Monument. The Federal lands and interests in lands 
                reserved consist of approximately 442,781 square miles, 
                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 the Monument Expansion are hereby 
                appropriated and 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, including but not limited to, 
                withdrawal from location, entry, and patent under 
                mining laws, and from disposition under all laws 
                relating to development of oil and gas, minerals, 
                geothermal, or renewable energy. Lands and interest in 
                lands within the Monument Expansion not owned or 
                controlled by the United States shall be reserved as 
                part of the Monument Expansion upon acquisition of 
                title or control by the United States.

                Management of the Marine National Monument

                Nothing in this proclamation shall change the 
                management of the Papah[amacr]naumoku[amacr]kea Marine 
                National Monument or any of the provisions specified in 
                Proclamations 8031 and 8112. Terms used in this 
                proclamation shall have the same meaning as those 
                defined in Proclamation 8031. The Secretaries of 
                Commerce and the Interior (Secretaries) shall share 
                management responsibility for the Monument Expansion. 
                The Secretary of Commerce, through the National Oceanic 
                and Atmospheric Administration (NOAA), and in 
                consultation with the Secretary of the Interior, shall 
                have responsibility for management of activities and 
                species within the Monument Expansion under the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act, the Endangered Species Act (for species regulated 
                by NOAA), the Marine Mammal Protection Act, and any 
                other applicable Department of Commerce legal 
                authorities. The Secretary of the Interior, through the 
                United States Fish and Wildlife Service (FWS), and in 
                consultation with the Secretary of Commerce, shall have 
                responsibility for management of activities and species 
                within the Monument Expansion under its applicable 
                legal authorities, including the National Wildlife 
                Refuge System Administration Act, the Refuge Recreation 
                Act, and the Endangered Species Act (for species 
                regulated by FWS), and Public Law 98-532 and Executive 
                Order 6166 of June 10, 1933.

                Additionally, the Secretary of Commerce should consider 
                initiating the process under the National Marine 
                Sanctuaries Act (16 U.S.C. 1431 et seq.) to designate 
                the Monument Expansion area and the Monument seaward of 
                the Hawaiian Islands National Wildlife Refuge and 
                Midway Atoll National Wildlife Refuge and Battle of 
                Midway National Memorial as a National Marine Sanctuary 
                to supplement and complement existing authorities.

                The Secretaries shall prepare a joint management plan, 
                within their respective authorities and after 
                consultation with the State of Hawaii, for the Monument 
                Expansion within 3 years of the date of this 
                proclamation, and shall promulgate as appropriate 
                implementing regulations, within their respective 
                authorities, that address any further specific actions 
                necessary for the proper care and management of the 
                objects and areas identified in this proclamation. The 
                Secretaries shall revise and update the management plan 
                as necessary. In developing and implementing any 
                management plans and any management rules and 
                regulations, the Secretaries shall consult, designate, 
                and involve as cooperating agencies the agencies with 
                jurisdiction or special expertise, including the 
                Department of Defense and Department of State, in 
                accordance with the National Environmental Policy Act 
                (42 U.S.C. 4321 et seq.), and its implementing 
                regulations. If the Secretaries deem it beneficial, 
                they may prepare a joint management plan for the entire 
                Monument and Monument Expansion area, consistent with 
                the provisions of the respective proclamations.

                The Secretaries shall coordinate and work cooperatively 
                with the Department of Defense, through the United 
                States Navy, to protect, under the Sunken Military 
                Craft Act, Public Law 108-375, 118 Stat. 1811, and any 
                other applicable legal authorities, United States 
                sunken military vessels and aircraft

[[Page 60231]]

                that are found within the geographic boundaries of the 
                Monument Expansion. Any sunken craft of a foreign state 
                found within the geographic boundaries of the Monument 
                Expansion may be protected to the extent authorized 
                under U.S. law, consistent with the President's 
                Statement on United States Policy for the Protection of 
                Sunken Warships (January 19, 2001).

                This proclamation shall be applied in accordance with 
                international law. The management plans and their 
                implementing regulations shall impose no unlawful 
                restrictions on innocent passage or otherwise 
                unlawfully restrict navigation and overflight and other 
                internationally recognized lawful uses of the sea in 
                the Monument and Monument Expansion and shall 
                incorporate the provisions of this proclamation 
                regarding U.S. Armed Forces actions and compliance 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. Also, in accordance with 
                international law, no restrictions shall apply to 
                foreign warships, naval auxiliaries, and other vessels 
                owned or operated by a state and used, for the time 
                being, only on Government non-commercial service, in 
                order to fully respect the sovereign immunity of such 
                vessels under international law. The Secretary of 
                State, in consultation with the Secretaries of Commerce 
                and the Interior, shall take steps to protect the 
                Monument Expansion as it does with respect to the 
                Monument as specified in Proclamation 8031.

                Restrictions

                Prohibited Activities

                    The Secretaries shall prohibit persons from 
                conducting or causing to be conducted the following 
                activities:
                    1. Exploring for, developing, or producing oil, 
                gas, or minerals, or any energy development activities 
                within the Monument Expansion;
                    2. Using or attempting to use poisons, electrical 
                charges, or explosives in the collection or harvest of 
                a Monument Expansion resource;
                    3. Introducing or otherwise releasing an introduced 
                species from within or into the Monument Expansion;
                    4. Removing, moving, taking, harvesting, 
                possessing, injuring, disturbing, or damaging, or 
                attempting to remove, move, take, harvest, possess, 
                injure, disturb, or damage, any living or nonliving 
                Monument Expansion resource, except as provided under 
                regulated activities below;
                    5. Drilling into, dredging, or otherwise altering 
                the submerged lands, or constructing, placing, or 
                abandoning any structure, material, or other matter on 
                the submerged lands, except for scientific instruments;
                    6. Anchoring on or having a vessel anchored on any 
                living or dead coral with an anchor, anchor chain, or 
                anchor rope;
                    7. Deserting a vessel at anchor or adrift within 
                the Monument Expansion; and
                    8. Commercial fishing and possessing commercial 
                fishing gear except when stowed and not available for 
                immediate use during passage without interruption 
                through the Monument Expansion.

                Regulated Activities

                Subject to such terms and conditions as the Secretaries 
                deem appropriate, the Secretaries may permit any of the 
                following activities regulated by this proclamation if 
                such activity is consistent with the care and 
                management of the objects within the Monument Expansion 
                and is not prohibited as defined above:

                    1. Native Hawaiian practices, including exercise of 
                traditional, customary, cultural, subsistence, 
                spiritual, and religious practices within the Monument 
                Expansion;
                    2. Research and scientific exploration designed to 
                further understanding of Monument Expansion resources 
                and qualities;

[[Page 60232]]

                    3. Scientific research and development by Federal 
                agencies that cannot be conducted in any other 
                location;
                    4. Activities that will further the educational 
                value of the Monument Expansion or will assist in the 
                conservation and management of the Monument Expansion;
                    5. Anchoring scientific instruments; and
                    6. Non-commercial fishing, provided that the fish 
                harvested, either in whole or in part, cannot enter 
                commerce through sale, barter, or trade, and that the 
                resource is managed sustainably.

                Regulation of Scientific Exploration and Research

                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.

                Emergencies and Law Enforcement Activities

                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 law 
                enforcement purposes.

                U.S. Armed Forces Actions

                    1. The prohibitions required by this proclamation 
                shall not apply to activities and exercises of the U.S. 
                Armed Forces, including those carried out by the United 
                States Coast Guard.
                    2. The U.S. Armed Forces shall ensure, by the 
                adoption of appropriate measures not impairing 
                operations or operation capabilities, that its vessels 
                and aircraft act in a manner consistent, so far as is 
                practicable, with this proclamation.
                    3. In the event of threatened or actual destruction 
                of, loss of, or injury to a Monument Expansion 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 Secretaries for the 
                purpose of taking appropriate action to respond to and 
                mitigate any 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 
                U.S. 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.

                Other Provisions

                Nothing in this proclamation shall be deemed to 
                diminish or enlarge the jurisdiction of the State of 
                Hawaii.

                The Monument Expansion shall be the dominant 
                reservation.

                Nothing in this proclamation shall be deemed to revoke 
                any existing 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 Expansion and not to 
                locate or settle upon any lands thereof.

                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 departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

[[Page 60233]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-sixth day of August, in the year of our Lord two 
                thousand sixteen, and of the Independence of the United 
                States of America the two hundred and forty-first.
                
                
                    (Presidential Sig.)

Billing code 3295-F6-P



[[Page 60234]]

[GRAPHIC] [TIFF OMITTED] TD31AU16.003


[FR Doc. 2016-21138
Filed 8-30-16; 11:15 a.m.]
Billing code 4310-10-C