[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9478 of August 26, 2016

Papahanaumokuakea 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
Papahanaumokuakea 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 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

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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.
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

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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 Po, 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 and continues to advance. Once on the verge of
cultural extinction, new double-hulled sailing canoes, beginning with
the Hokule1a 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 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;

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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 West Longitude adjacent to Papahanaumokuakea 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
Papahanaumokuakea 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 Papahanaumokuakea 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
``Papahanaumokuakea 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
West Longitude adjacent to 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
Papahanaumokuakea Marine National Monument or any of the provi

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sions 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 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).

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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:

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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;
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

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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.
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.
BARACK OBAMA



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