[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Presidential Documents]
[Pages 57349-57353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22674]


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  Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / 
Presidential Documents  

[[Page 57349]]


                Proclamation 10287 of October 8, 2021

                
Northeast Canyons and Seamounts Marine National 
                Monument

                By the President of the United States of America

                A Proclamation

                On September 15, 2016, President Barack Obama issued 
                Proclamation 9496 (Northeast Canyons and Seamounts 
                Marine National Monument), which designated 
                approximately 4,913 square miles of waters and 
                submerged lands where the Atlantic Ocean meets the 
                continental shelf as the Northeast Canyons and 
                Seamounts Marine National Monument. This designation 
                represented the culmination of nearly a half-century of 
                conservation efforts to preserve the vulnerable deep 
                marine ecosystems of the Atlantic canyons and 
                seamounts, which are widely known as natural 
                laboratories for the long-term study of benthic ecology 
                due to their rich biodiversity of important deep-sea 
                corals, endangered whales, endangered and threatened 
                sea turtles, other marine mammals, and numerous fish 
                and invertebrate species.

                The monument is composed of two units, the Canyons Unit 
                and the Seamounts Unit, each of which showcases unique 
                geological features that anchor vulnerable ecological 
                communities threatened by varied uses, climate change, 
                and related impacts. As described by Proclamation 9496, 
                the Canyons Unit includes three underwater canyons: 
                Oceanographer, Gilbert, and Lydonia. The canyons' hard 
                walls, which range from 200 meters to thousands of 
                meters deep, provide important habitats for, and 
                support the life cycles of, a diversity of ocean life, 
                including sponges, corals, and other invertebrates; 
                larger species such as squid, octopuses, skates, 
                flounders, and crabs; and highly migratory oceanic 
                species, including tuna, billfish, sharks, toothed 
                whales (such as the endangered sperm whale), and many 
                species of beaked whales. The larger Seamounts Unit is 
                home to four extinct undersea volcanoes--Bear, 
                Physalia, Retriever, and Mytilus--that form a portion 
                of an underwater chain of more than 30 extinct 
                volcanoes that runs from the southern side of the 
                Georges Bank to midway across the western Atlantic 
                Ocean. These extinct volcanoes were formed as the 
                Earth's crust passed over a stationary hot spot that 
                pushed magma up through the seafloor, and many of them 
                have flat tops that were created as ocean waves eroded 
                the cooling magma. Geographically isolated from the 
                continental platform and characterized by steep and 
                complex submarine topography that interrupts existing 
                ocean currents and provides a constant supply of 
                plankton and nutrients, the seamounts are biological 
                islands with various substrates that form ocean oases 
                and act as incubators for new life. All four seamounts 
                support highly diverse ecological communities, 
                including many rare and endemic species that are new to 
                science and are not known to live anywhere else on 
                Earth. Together, the monument's submarine canyons and 
                seamounts create the unique ecological conditions 
                necessary to support one of the Atlantic Ocean's most 
                biologically productive and important marine 
                environments and one of science's greatest oceanic 
                laboratories. Proclamation 9496 recognized the undersea 
                canyons and seamounts, the deep-sea, pelagic, and other 
                marine ecosystems they support, and the biodiversity 
                they contain as objects of historic and scientific 
                interest and dedicated the Federal lands and waters 
                within the monuments' boundaries to their protection.

                To provide for the proper care and management of the 
                monument's objects of historic and scientific interest, 
                Proclamation 9496 directed the Secretary

[[Page 57350]]

                of Commerce and the Secretary of the Interior 
                (Secretaries) to prepare a joint management plan and 
                promulgate implementing regulations, as appropriate. To 
                the extent consistent with domestic and international 
                law, Proclamation 9496 also directed the Secretaries to 
                prohibit certain activities within the monument, 
                including mineral exploration and development; the use 
                of poisons, electrical charges, or explosives to 
                collect or harvest monument resources; and drilling 
                into, anchoring, dredging, or otherwise altering 
                submerged lands. Proclamation 9496 also directed the 
                Secretaries to prohibit all commercial fishing within 
                the monument, but allowed the Secretaries to permit a 
                7-year phase-out for red crab and American lobster 
                commercial fishing.

                Despite the monument's ecological importance, wealth of 
                objects of historic and scientific interest, and 
                potential for additional scientific discovery, 
                President Donald Trump issued Proclamation 10049 
                (Modifying the Northeast Canyons and Seamounts Marine 
                National Monument) on June 5, 2020, to remove the 
                restrictions on commercial fishing. Multiple parties 
                challenged Proclamation 10049 in Federal court, 
                asserting that it exceeded the President's authority 
                under the Antiquities Act. Restoring the prohibition on 
                commercial fishing will ensure that the unique, 
                fragile, and largely pristine canyons and seamounts, 
                and the dynamic ocean systems and marine life they 
                support, identified in Proclamation 9496 as objects of 
                historic or scientific interest requiring protection 
                under the Antiquities Act, will be safeguarded and will 
                continue to provide an important venue for scientific 
                study and research.

                The Canyons Unit and Seamounts Unit each contain 
                interconnected oceanographic, geologic, and biologic 
                features that create a unique oceanic system that 
                supports an abundant concentration of biodiversity. 
                These features' close proximity to each other results 
                in an interdependent whole that exceeds the sum of its 
                constituent parts.

                In the case of the Canyons Unit, the monument boundary 
                closely corresponds to a contiguous continental shelf 
                break area around the heads of the three canyons, which 
                extend seaward from features that have not yet fully 
                taken on the distinctive canyon shape, to the walls and 
                valleys of the canyons themselves, and out to the start 
                of the outer shelf thousands of meters below. Within 
                this transitional region, the walls of the three 
                closely situated canyons combine with ocean currents, 
                temperature gradients, eddies, and fronts to create 
                significant and complex nutrient cycling and other 
                processes that result in a biologically rich and 
                distinct oceanic system. The Canyons Unit is sized to 
                correspond to and protect these large-scale oceanic 
                processes that provide the foundation for the distinct 
                habitat that supports numerous objects of scientific 
                interest. For example, the shallower depths of the 
                canyons include ecologically significant and vulnerable 
                habitat for tilefish, which function as ecosystem 
                engineers by creating ``pueblo'' habitat at depths of 
                100 to 300 meters in the monument's canyons, which in 
                turn supports a diversity of fish and invertebrate 
                species. The Canyons Unit also supports a great 
                abundance of marine mammals and other upper-trophic 
                level predators attracted to the prey abundance 
                fostered by the Canyons Unit's unique marine landscape. 
                Due to the close proximity of the three canyons to one 
                another, congregating marine mammals and pelagic fish 
                species routinely transit the inter-canyon areas while 
                foraging among the biologic abundance found there. This 
                is an example of the important ecological linkages that 
                connect the monument's various topographies, the 
                surrounding shelf, and the water column above them, 
                which necessitate protection of the entire interrelated 
                system.

                In the case of the Seamounts Unit, the boundary 
                encompasses the four seamounts and the areas between 
                the edges of Bear and Retriever Seamounts on the north 
                side, Bear and Mytilus Seamounts on the south side, and 
                out to the boundary line of the Exclusive Economic Zone 
                on the east side. These four seamounts, rising 
                thousands of feet from the surrounding seafloor, are 
                the only seamounts located within U.S. Atlantic waters. 
                As with the Canyons Unit, the proximity of these 
                important geologic features to each

[[Page 57351]]

                other influences the currents, upwelling, 
                stratification, and mixing that make the species and 
                habitat within the monument so diverse, abundant, and 
                unique. The seamounts function as oases in the open 
                ocean environment and feature distinct ecological 
                communities as they grade down from the relatively 
                shallow seamount peaks to the abyss below. They are 
                critical to protecting the ecosystem linkages that 
                transport nutrients to the surface through predator-
                prey interactions and temperature-driven upwelling, and 
                transport organic carbon to deep-sea ecosystems (corals 
                and benthic communities) through plankton and fecal 
                detritus, downwelling materials, down-slope currents, 
                and animal migration and mortality.

                The boundaries of the monument reflect the need to 
                protect the canyons, seamounts, and the attendant deep-
                sea, pelagic, and other marine ecosystems, which are 
                themselves objects of historic and scientific interest, 
                as well as the complex geologic, oceanographic, and 
                biologic characteristics in the Canyons Unit and 
                Seamounts Unit. The monument ensures these vulnerable 
                marine ecosystems are safeguarded and will remain the 
                great ocean laboratories recognized in Proclamation 
                9496. The boundaries are closely hewn to prominent 
                geologic objects that form the foundation of closely 
                linked habitats, which support the monument's great 
                abundance and diversity of life. The boundaries are 
                scaled to avoid cascading negative effects from failing 
                to protect parts of these complex and interconnected 
                marine environments and their unique oceanographic 
                processes. In order to ensure effective management and 
                protection of the objects of historic and scientific 
                interest, straight-line coordinates are used where 
                possible to provide clear and enforceable demarcation 
                of this open-ocean monument. For these reasons, 
                Proclamation 9496 found that the lands owned or 
                controlled by the Federal Government within the 
                monument's boundaries were the smallest area compatible 
                with the proper care and management of the objects of 
                historic and scientific interest designated for 
                protection.

                Commercial fishing activity has the potential to 
                significantly degrade the monument's objects of 
                historic and scientific interest. Bottom-contact 
                fishing gear and fixed fishing gear (for example, 
                traps, gillnets, and bottom and pelagic long-line gear) 
                with buoys, submerged lines, and associated traps, 
                mesh, or hooks, all pose threats to the canyons and 
                seamounts, the ecosystem, and the deep-sea, pelagic, 
                and other marine life they support, as well as the 
                additional objects of historic and scientific interest 
                contained therein. Although statutes such as the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act, 16 U.S.C. 1801 et seq., 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., provide important safeguards that did not exist 
                prior to the Antiquities Act's passage, these laws do 
                not adequately address the threats facing the canyons 
                and seamounts and their surrounding ecosystem. The 
                prohibition on commercial fishing confers necessary, 
                additional, and lasting protections for the objects of 
                historic and scientific interest in the Northeast 
                Canyons and Seamounts Marine National Monument for 
                current and future generations.

                Protection of the Northeast Canyons and Seamounts as a 
                marine national monument preserves significant 
                geological features, marine biota, and deep-sea, 
                pelagic, and other marine ecosystems that the canyons 
                and seamounts create and support as they interact with 
                ocean currents, ensuring that the natural and 
                scientific values of this area are maintained for the 
                benefit of all Americans and for the discovery of new 
                information about living marine resources for years to 
                come.

[[Page 57352]]

                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 the 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 shall be confined to the 
                smallest area compatible with the proper care and 
                management of the objects to be protected; and

                WHEREAS, Proclamation 9496 designated the Northeast 
                Canyons and Seamounts Marine National Monument in the 
                Atlantic Ocean and reserved 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 as the smallest area compatible with 
                the proper care and management of objects of historic 
                and scientific interest; and

                WHEREAS, Proclamation 10049 modified the conditions of 
                the Northeast Canyons and Seamounts Marine National 
                Monument to allow commercial fishing activities, which 
                could impact monument objects; and

                WHEREAS, I find that the resources identified above and 
                in Proclamation 9496 are objects of historic or 
                scientific interest in need of protection under the 
                Antiquities Act; and

                WHEREAS, I find that the unique nature of the waters 
                and submerged lands that make up the marine environment 
                in the Northeast Canyons and Seamounts area and the 
                collection of objects and resources therein make the 
                entire area within the boundaries of the monument an 
                object of historic and scientific interest in need of 
                protection under the Antiquities Act; and

                WHEREAS, I find that there are documented threats to 
                the objects identified above and in Proclamation 9496; 
                and

                WHEREAS, I find that the objects identified above and 
                in Proclamation 9496 are not adequately protected by 
                applicable law and other administrative designations; 
                and

                WHEREAS, I find that the boundaries of the monument 
                reserved by Proclamation 9496 represent the smallest 
                area compatible with the proper care and management of 
                the objects of historic or scientific interest; and

                WHEREAS, it is in the public interest to ensure the 
                preservation and protection of the objects of historic 
                and scientific interest in the Northeast Canyons and 
                Seamounts Marine National Monument;

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of 
                the United States of America, by the authority vested 
                in me by section 320301 of title 54, United States 
                Code, hereby proclaim that, in order to provide for the 
                proper care and management of the objects identified 
                above and in Proclamation 9496, management of lands and 
                interests in lands owned or controlled by the Federal 
                Government within the Northeast Canyons and Seamounts 
                Marine National Monument shall be governed by the 
                management provisions of Proclamation 9496. Such 
                provisions include paragraph 6 in the section entitled 
                ``Prohibited Activities'' and paragraph 5 in the 
                section entitled ``Regulated Activities,'' which 
                provide for the prohibition of all commercial fishing 
                in the monument, except for red crab and American 
                lobster commercial fishing, which may be permitted 
                until September 15, 2023.

                The Secretary of Commerce, through the National Oceanic 
                and Atmospheric Administration, and the Secretary of 
                the Interior, through the United States Fish and 
                Wildlife Service, share management responsibility for 
                the monument, as prescribed in Proclamation 9496. 
                Within their respective authorities, the Secretaries 
                shall prepare a joint management plan for the monument 
                by September 15, 2023, and, as appropriate, shall 
                promulgate implementing regulations that address any 
                further specific actions necessary for the proper care 
                and management of the objects and area identified above 
                and in Proclamation 9496.

[[Page 57353]]

                To the extent any provision of Proclamation 10049 is 
                inconsistent with this proclamation or Proclamation 
                9496, the terms of this proclamation and Proclamation 
                9496 shall govern.

                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.

                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 
                eighth day of October, in the year of our Lord two 
                thousand twenty-one, and of the Independence of the 
                United States of America the two hundred and forty-
                sixth.
                
                
                    (Presidential Sig.)

[FR Doc. 2021-22674
Filed 10-14-21; 8:45 am]
Billing code 3395-F2-P