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

123 STAT. 3594
 
PROCLAMATION 8337--JAN. 6, 2009

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;

[[Page 3595]]
123 STAT. 3595

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 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

[[Page 3596]]
123 STAT. 3596

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 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 re-

[[Page 3597]]
123 STAT. 3597

strict 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
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.

[[Page 3598]]
123 STAT. 3598

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

[[Page 3599]]
123 STAT. 3599


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