[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 3575
 
PROCLAMATION 8335--JAN. 6, 2009

Proclamation 8335 of January 6, 2009
Establishment of the Marianas Trench Marine National Monument
By the President of the United States of America
A Proclamation

Over approximately 480 nautical miles, the Mariana Archipelago
encompasses the 14 islands of the United States Commonwealth of the
Northern Mariana Islands and the United States Territory of Guam that
sit atop the Mariana Ridge in an area known as the Mariana Volcanic Arc.
The Mariana Volcanic Arc is part of a subduction system in which the
Pacific Plate plunges beneath the Philippine Sea Plate and into the
Earth's mantle, creating the Mariana Trench. Six of the archipelago's
islands have been volcanically active in historic times, and numerous
seamounts along the Mariana Ridge are volcanically or hydrothermically
active. The Mariana Trench is approximately 940 nautical miles long and
38 nautical miles wide within the United States Exclusive Economic Zone
and contains the deepest known points in the global ocean.
The Mariana Volcanic Arc contains objects of scientific interest,
including the largest active mud volcanoes on Earth. The Champagne vent,
located at the Eifuku submarine volcano, produces almost pure liquid
carbon dioxide. This phenomenon has only been observed at one other site
in the world. The Sulfur Cauldron, a pool of liquid sulfur, is found at
the Daikoku submarine volcano. The only other known location of molten
sulfur is on Io, a moon of Jupiter. Unlike other reefs across the
Pacific, the northernmost Mariana reefs provide unique volcanic habitats
that support marine biological communities requiring basalt. Maug Crater
represents one of only a handful of places on Earth where photosynthetic
and chemosynthetic communities of life are known to come together.
The waters of the archipelago's northern islands are among the most
biologically diverse in the Western Pacific and include the greatest
diversity of seamount and hydrothermal vent life yet discovered. These
volcanic islands are ringed by coral ecosystems with very high numbers
of apex predators, including large numbers of sharks. They also contain
one of the most diverse collections of stony corals in the Western
Pacific. The northern islands and shoals in the archipelago have
substantially higher large fish biomass, including apex predators, than
the southern islands and Guam. The waters of Farallon de Pajaros (also
known as Uracas), Maug, and Asuncion support some of the largest biomass
of reef fishes in the Mariana Archipelago. These relatively pristine
coral reef ecosystems are objects of scientific interest and essential
to the long-term study of tropical marine ecosystems.
WHEREAS the submerged volcanic areas of the Mariana Ridge, the coral
reef ecosystems of the waters surrounding the islands of Farallon de
Pajaros, Maug, and Asuncion in the Commonwealth of the Northern Mariana
Islands, and the Mariana Trench contain objects of scientific interest
that are situated upon lands owned or controlled by the Government of
the United States;

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123 STAT. 3576

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 the islands, waters, and airspace of the Mariana Ridge are of
particular importance to the national security of the United States;
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 known volcanic
areas of the Mariana Ridge, the marine environment around the islands of
Farallon de Pajaros, Maug, and Asuncion in the Commonwealth of the
Northern Mariana Islands, and the Mariana Trench for the care and
management of the 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
Marianas Trench 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 map entitled ``Marianas Trench
Marine National Monument'' attached to and forming a part of this
proclamation. The monument includes the waters and submerged lands of
the three northernmost Mariana Islands (the ``Islands Unit'') and only
the submerged lands of designated volcanic sites (the ``Volcanic Unit'')
and the Mariana Trench (the ``Trench Unit'') to the extent described as
follows: The seaward boundaries of the Islands Unit of the monument
extend to the lines of latitude and longitude depicted on the
accompanying map, which lie approximately 50 nautical miles from the
mean low water line of Farallon de Pajaros (Uracas), Maug, and Asuncion.
The inland boundary of the Islands Unit of the monument is the mean low
water line. The boundary of the Trench Unit of the monument extends from
the northern limit of the Exclusive Economic Zone of the United States
in the Commonwealth of the Northern Mariana Islands to the southern
limit of the Exclusive Economic Zone of the United States in Guam
approximately following the points of latitude and longitude identified
on the accompanying map. The boundaries of the Volcanic Unit of the
monument include a circle drawn with a 1 nautical mile radius centered
on each of the volcanic features identified on the accompanying map and
its legend. The Federal land and interests in land reserved consists of
approximately 95,216 square miles of submerged lands and waters of the
Mariana Archipelago, which is the smallest area compatible with the
proper care and management of the objects to be protected.
Submerged lands that by legislation are subsequently granted by the
United States to the Commonwealth of the Northern Mariana Islands

[[Page 3577]]
123 STAT. 3577

but remain controlled by the United States under the Antiquities Act may
remain part of the monument, for coordination of management with the
Government of the Commonwealth of the Northern Mariana Islands. Any
submerged lands and interests in submerged 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 Secretaries of Commerce, through the National Oceanic and
Atmospheric Administration, and the Interior, shall manage the monument
pursuant to applicable legal authorities and in consultation with the
Secretary of Defense. The Secretary of the Interior shall have
management responsibility for the monument, in consultation with the
Secretary of Commerce, except that the Secretary of Commerce shall have
the primary management responsibility, in consultation with the
Secretary of the Interior, 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 Secretaries of the Interior and Commerce 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.
The Secretaries of the Interior and 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 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
Within the Islands Unit of the monument, the Secretary of Commerce shall
prohibit commercial fishing. Subject to such terms and conditions as the
Secretary of Commerce deems necessary for the care and management of the
objects of the Islands Unit, the Secretary, consistent with Executive
Order 12962 of June 7, 1995, as amended, shall ensure that sustenance,
recreational, and traditional indigenous fishing shall be managed as a
sustainable activity consistent with other applicable law and after due
consideration with respect to traditional indigenous

[[Page 3578]]
123 STAT. 3578

fishing of any determination by the Government of the Commonwealth of
the Northern Mariana Islands.
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 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. In developing
and implementing any management plans and any management rules and
regulations, the Secretaries shall designate and involve as cooperating
agencies the agencies with jurisdiction or special expertise, including
the Department of Defense, the Department of State, 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
the Commonwealth of the Northern Mariana Islands, consistent with these
authorities. The monument management plans shall ensure that the
monument will be administered in accordance with this proclamation, and
shall, as appropriate to their respective authorities, provide for:
1. management of the Islands Unit of the monument, in consultation with
the Government of the Commonwealth of the Northern Mariana Islands,
including designation of specific roles and responsibilities and the
means of consultation on management decisions as appropriate, without
affecting the respective authorities or jurisdictions of the
Commonwealth of the Northern Mariana Islands or the Secretaries of the
Interior or of Commerce;
2. public education programs and public outreach regarding the coral
reef ecosystem and related marine resources and species of the monument
and efforts to conserve them;
3. traditional access by indigenous persons, as identified by the
Secretaries in consultation with the Government of the Commonwealth of
the Northern Mariana Islands, for culturally significant subsistence,
cultural and religious uses within the monument;
4. a program to assess and promote monument-related scientific
exploration and research, tourism, and recreational and economic
activities and opportunities in the Commonwealth of the Northern Mariana
Islands;
5. a process to consider requests for recreational fishing permits in
certain areas of the Islands Unit, based on an analysis of the likely
effects of such fishing on the marine ecosystems of these areas, sound
professional judgment that such fishing will not materially interfere
with or detract from the fulfillment of the purposes of this
proclamation, and the extent to which such recreational fishing shall be
managed as a sustainable activity consistent with Executive Order 12962,
as amended, and other applicable law; and
6. programs for monitoring and enforcement necessary to ensure that
scientific exploration and research, tourism, and recreational and
commercial activities do not degrade the monument's coral reef ecosystem
or related marine resources or species or diminish the monument's
natural character.

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123 STAT. 3579

The management plans and their implementing regulations shall impose no
restrictions on innocent passage in the territorial sea or otherwise
restrict navigation, overflight, and other internationally recognized
lawful uses of the sea, 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.
Nothing in this proclamation shall be deemed to diminish or enlarge the
jurisdiction of the Commonwealth of the Northern Mariana Islands.
Advisory Council
The Secretaries of the Interior and Commerce, within 3 months of the
date of this proclamation and after considering recommendations from the
Governor of the Commonwealth of the Northern Mariana Islands, the
Secretary of Defense, and the Secretary of Homeland Security, shall
establish the Mariana Monument Advisory Council to provide advice and
recommendations on the development of management plans and management of
the monument. The Advisory Council shall consist of three officials of
the Government of the Commonwealth of the Northern Mariana Islands and
one representative each from the Department of Defense and the United
States Coast Guard.
Members of the Advisory Council will be appointed for a term of 3 years
by the Secretaries of the Interior and Commerce after nomination by the
head of the pertinent executive branch agency or, with respect to the
officials of the Government of the Commonwealth of the Northern Mariana
Islands, by the Governor of the Commonwealth of the Northern Mariana
Islands. The Advisory Council will adopt such procedures as it deems
necessary to govern its activities. Each participating agency shall be
responsible for the expenses of its representative and the Departments
of the Interior and Commerce shall be equally responsible for the costs
of the Advisory Council.
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.

[[Page 3580]]
123 STAT. 3580

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

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123 STAT. 3581


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