[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Presidential Documents]
[Pages 35793-35795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12823]



[[Page 35791]]

Vol. 85

Thursday,

No. 113

June 11, 2020

Part IV





The President





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Proclamation 10049--Modifying the Northeast Canyons and Seamounts 
Marine National Monument
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  Federal Register / Vol. 85 , No. 113 / Thursday, June 11, 2020 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 35793]]

                Proclamation 10049 of June 5, 2020

                
Modifying the Northeast Canyons and Seamounts 
                Marine National Monument

                By the President of the United States of America

                A Proclamation

                In Proclamation 9496 of September 15, 2016, and 
                exercising his authority under section 320301 of title 
                54, United States Code (the ``Antiquities Act''), the 
                President established the Northeast Canyons and 
                Seamounts Marine National Monument, reserving for the 
                care and management of objects of historic and 
                scientific interest approximately 4,913 square miles of 
                water and submerged lands in and around certain deep-
                sea canyons and seamounts situated upon lands and 
                interests in lands owned or controlled by the Federal 
                Government. The President prohibited commercial 
                fishing, with a phase-out period for American lobster 
                and red crab fisheries, within the monument's 
                boundaries. This proclamation lifts the prohibition on 
                commercial fishing, an activity that is subject to the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (Magnuson-Stevens), 16 U.S.C. 1801 et seq., and 
                other applicable laws, regulations, and requirements. 
                This proclamation does not modify the monument in any 
                other respect.

                Proclamation 9496 identifies a number of canyons and 
                seamounts as objects of historic and scientific 
                interest. The monument is designated in two units, 
                which correspond to two distinct geological features. 
                The Canyons Unit comprises three underwater canyons 
                that start at the edge of the continental shelf, 
                whereas the Seamounts Unit consists of four undersea 
                mountains. Both units are located in the United States 
                Exclusive Economic Zone. In addition to the geological 
                features, Proclamation 9496 designates the natural 
                resources and ecosystems in and around the Canyons and 
                Seamounts Units as objects of historic and scientific 
                interest. Proclamation 9496 describes diverse 
                ecological communities in the canyon and seamount 
                areas, which include seabirds, whales, dolphins, 
                turtles, and highly migratory fish species, such as 
                tunas, billfish, and sharks. Proclamation 9496 observes 
                that some of these species have appeared in the canyon 
                and seamount areas in large aggregations and increased 
                numbers. In support of the monument designation, 
                Proclamation 9496 notes that ``[t]hese canyons and 
                seamounts, and the ecosystem they compose, have long 
                been of intense scientific interest,'' with 
                ``[s]cientists from government and academic 
                oceanographic institutions'' studying ``the canyons and 
                seamounts using research vessels, submarines, and 
                remotely operated underwater vehicles for important 
                deep-sea expeditions.''

                As part of the management of the monument, Proclamation 
                9496 prohibited, subject to the phase-out period 
                previously noted, all commercial fishing within the 
                monument's boundaries. As explained herein, following 
                further consideration of the nature of the objects 
                identified in Proclamation 9496 and the protection of 
                those objects already provided by relevant law, I find 
                that appropriately managed commercial fishing would not 
                put the objects of scientific and historic interest 
                that the monument protects at risk. Indeed, 
                Proclamation 9496 allows for recreational fishing and 
                further acknowledges that ``[t]hroughout New England, 
                the maritime trades, and especially fishing, have 
                supported a vibrant way of life, with deep cultural 
                roots and a strong connection to the health of the 
                ocean and the bounty it provides.''

[[Page 35794]]

                With respect to fish in particular, many of the fish 
                species that Proclamation 9496 identifies are highly 
                migratory and not unique to the monument. Some of the 
                examples of fish species that Proclamation 9496 
                identifies are not of such significant scientific 
                interest that they merit additional protection beyond 
                that already provided by other law. Moreover, the fish 
                species described in Proclamation 9496 are subject to 
                Federal protections under existing laws and agency 
                management designations. For example, Magnuson-Stevens 
                regulates commercial fishing to ensure long-term 
                biological and economic sustainability for our Nation's 
                marine fisheries, taking into account the protection of 
                associated marine ecosystems. Magnuson-Stevens 
                establishes regional fishery management councils, 
                supervised by the Secretary of Commerce in coordination 
                with the States and affected stakeholders, that develop 
                fishery management plans to regulate our Nation's 
                fisheries, using the best available science and 
                observing strict conservation and management 
                requirements. Magnuson-Stevens requires a similar 
                process of science-based fisheries management for 
                highly migratory species, including the tunas 
                referenced in Proclamation 9496. In addition, Magnuson-
                Stevens provides that fishery management plans may 
                include, among other measures, management measures to 
                conserve target and non-target species and habitats, 
                including measures to protect deep-sea corals.

                A host of other laws enacted after the Antiquities Act 
                provide specific protection for other plant and animal 
                resources (including coral species) both within and 
                outside the monument. These laws include the Endangered 
                Species Act, 16 U.S.C. 1531 et seq., the Migratory Bird 
                Treaty Act, 16 U.S.C. 703-712, the National Wildlife 
                Refuge System Administration Act, 16 U.S.C. 668dd-
                668ee, the Refuge Recreation Act, 16 U.S.C. 460k et 
                seq., the Marine Mammal Protection Act, 16 U.S.C. 1361 
                et seq., the Clean Water Act, 33 U.S.C. 1251 et seq., 
                the Oil Pollution Act, 33 U.S.C. 2701 et seq., the 
                National Marine Sanctuaries Act, 16 U.S.C. 1431 et 
                seq., and Title I of the Marine Protection, Research 
                and Sanctuaries Act (Ocean Dumping Act), 33 U.S.C. 1401 
                et seq. For example, the Endangered Species Act 
                generally prohibits the taking of fish and wildlife 
                species listed as endangered, and also generally 
                ensures that Federal actions, including fisheries 
                management, are not likely to jeopardize the existence 
                of any such species. The Marine Mammal Protection Act 
                provides protections for marine mammals, and prohibits 
                their take, subject to some exceptions. Numerous other 
                statutes, including the Clean Water Act, Oil Pollution 
                Act, and Ocean Dumping Act, address both land-based and 
                ocean-based sources of pollution and help ensure that 
                water quality continues to support plankton and other 
                pelagic organisms.

                After further consideration of the nature of the 
                objects identified in Proclamation 9496 and the 
                protection of those objects already provided by 
                Magnuson-Stevens and other relevant law, I find that a 
                prohibition on commercial fishing is not, at this time, 
                necessary for the proper care and management of the 
                Northeast Canyons and Seamounts Marine National 
                Monument, or the objects of historic or scientific 
                interest therein.

                WHEREAS, Proclamation 9496 of September 15, 2016, 
                designated the Northeast Canyons and Seamounts Marine 
                National Monument in the Atlantic Ocean and reserved 
                approximately 4,913 square miles in the United States 
                Exclusive Economic Zone for the care and management of 
                objects of historic and scientific interest identified 
                therein;

                WHEREAS, I find that removing the restrictions on 
                commercial fishing set forth in Proclamation 9496 to 
                allow for well-regulated commercial fishing use is in 
                the public interest and that the objects in the 
                monument can be, and are currently, protected pursuant 
                to carefully tailored regulation and management under 
                existing Federal law:

                NOW, THEREFORE, I, DONALD J. TRUMP, President of the 
                United States of America, by the authority vested in me 
                by the Constitution and the laws of the United States, 
                including section 320301 of title 54, United States 
                Code, hereby proclaim that Proclamation 9496, which 
                established

[[Page 35795]]

                the Northeast Canyons and Seamounts Marine National 
                Monument, is amended as follows:

                    (1) in the section entitled ``Prohibited 
                Activities,'' by deleting paragraph 6; and
                    (2) in the section entitled ``Regulated 
                Activities,'' by deleting paragraph 5 and by re-
                designating paragraphs 6 and 7 as paragraphs 5 and 6, 
                respectively.

                Furthermore, nothing in paragraph 4 in the section 
                entitled ``Prohibited Activities'' in Proclamation 9496 
                shall be deemed to apply to commercial fishing that is 
                carried out in accordance with Magnuson-Stevens and 
                other applicable laws, regulations, and requirements.

                Nothing in this proclamation shall be construed to 
                revoke, modify, or affect any withdrawal, reservation, 
                or appropriation, other than the one created by 
                Proclamation 9496.

                Nothing in this proclamation shall change the 
                management of the areas designated and reserved by 
                Proclamation 9496, except as explicitly provided in 
                this proclamation.

                If any provision of this proclamation, including its 
                application to a particular parcel of land, is held to 
                be invalid, the remainder of this proclamation and its 
                application to other parcels of land shall not be 
                affected thereby.

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

[FR Doc. 2020-12823
Filed 6-10-20; 11:15 am]
Billing code 3295-F0-P