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

 
Proclamation 9496 of September 15, 2016

Northeast Canyons and Seamounts Marine National Monument

By the President of the United States of America

A Proclamation

For generations, communities and families have relied on the waters of
the northwest Atlantic Ocean and have told of their wonders. Throughout
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. Over the past
several decades, the Nation has made great strides in its stewardship of
the ocean, but the ocean faces new threats from varied uses, climate
change, and related impacts. Through exploration, we continue to make
new discoveries and improve our understanding of ocean ecosystems. In
these waters, the Atlantic Ocean meets the continental shelf in a region
of great abundance and diversity as well as stark geological relief. The
waters are home to many species of deep-sea corals, fish, whales and
other marine mammals. Three submarine canyons and, beyond them, four
undersea mountains lie in the waters approximately 130 miles southeast
of Cape Cod. This area (the canyon and seamount area) includes unique
ecological resources that have long been the subject of scientific
interest.
The canyon and seamount area, which will constitute the monument as set
forth in this proclamation, is composed of two units, which showcase two
distinct geological features that support vulnerable ecological
communities. The Canyons Unit includes three underwater canyons--
Oceanographer, Gilbert, and Lydonia--and covers approximately 941 square
miles. The Seamounts Unit includes four seamounts--Bear, Mytilus,
Physalia, and Retriever--and encompasses 3,972 square miles. The canyon
and seamount area includes the waters and submerged lands within the
coordinates included in the accompanying map. The canyon and seamount
area contains objects of historic and scientific interest that are
situated upon lands owned or controlled by the Federal

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Government. These objects are the canyons and seamounts themselves, and
the natural resources and ecosystems in and around them.
The canyons start at the edge of the geological continental shelf and
drop from 200 meters to thousands of meters deep. The seamounts are
farther off shore, at the start of the New England Seamount chain,
rising thousands of meters from the ocean floor. These canyons and
seamounts are home to at least 54 species of deep-sea corals, which live
at depths of at least 3,900 meters below the sea surface. The corals,
together with other structure-forming fauna such as sponges and
anemones, create a foundation for vibrant deep-sea ecosystems, providing
food, spawning habitat, and shelter for an array of fish and
invertebrate species. These habitats are extremely sensitive to
disturbance from extractive activities.
Because of the steep slopes of the canyons and seamounts, oceanographic
currents that encounter them create localized eddies and result in
upwelling. Currents lift nutrients, like nitrates and phosphates,
critical to the growth of phytoplankton from the deep to sunlit surface
waters. These nutrients fuel an eruption of phytoplankton and
zooplankton that form the base of the food chain. Aggregations of
plankton draw large schools of small fish and then larger animals that
prey on these fish, such as whales, sharks, tunas, and seabirds.
Together the geology, currents, and productivity create diverse and
vibrant ecosystems.
The Canyons
Canyons cut deep into the geological continental shelf and slope
throughout the mid-Atlantic and New England regions. They are
susceptible to active erosion and powerful ocean currents that transport
sediments and organic carbon from the shelf through the canyons to the
deep ocean floor. In Oceanographer, Gilbert, and Lydonia canyons, the
hard canyon walls provide habitats for sponges, corals, and other
invertebrates that filter food from the water to flourish, and for
larger species including squid, octopus, skates, flounders, and crabs.
Major oceanographic features, such as currents, temperature gradients,
eddies, and fronts, occur on a large scale and influence the
distribution patterns of such highly migratory oceanic species as tuna,
billfish, and sharks. They provide feeding grounds for these and many
other marine species.
Toothed whales, such as the endangered sperm whale, and many species of
beaked whales are strongly attracted to the environments created by
submarine canyons. Surveys of the area show significantly higher numbers
of beaked whales present in canyon regions than in non-canyon shelf-edge
regions. Endangered sperm whales, iconic in the region due to the
historic importance of the species to New England's whaling communities,
preferentially inhabit the U.S. Atlantic continental margin. Two
additional species of endangered whales (fin whales and sei whales) have
also been observed in the canyon and seamount area.
The Seamounts
The New England Seamount Chain was formed as the Earth's crust passed
over a stationary hot spot that pushed magma up through the seafloor,
and is now composed of more than 30 extinct undersea volcanoes, running
like a curved spine from the southern side of Georges

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Bank to midway across the western Atlantic Ocean. Many of them have
characteristic flat tops that were created by erosion by ocean waves and
subsidence as the magma cooled. Four of these seamounts--Bear, Physalia,
Retriever, and Mytilus--are in the United States Exclusive Economic
Zone. Bear Seamount is approximately 100 million years old and the
largest of the four; it rises approximately 2,500 meters from the
seafloor to within 1,000 meters of the sea surface. Its summit is over
12 miles in diameter. The three smaller seamounts reach to within 2,000
meters of the surface. All four of these seamounts have steep and
complex topography that interrupts existing currents, providing a
constant supply of plankton and nutrients to the animals that inhabit
their sides. They also cause upwelling of nutrient-rich waters toward
the ocean surface.
Geographically isolated from the continental platform, these seamounts
support highly diverse ecological communities with deep-sea corals that
are hundreds or thousands of years old and a wide array of other benthic
marine organisms not found on the surrounding deep-sea floor. They
provide shelter from predators, increased food, nurseries, and spawning
areas. The New England seamounts have many rare and endemic species,
several of which are new to science and are not known to live anywhere
else on Earth.
The Ecosystem
The submarine canyons and seamounts create dynamic currents and eddies
that enhance biological productivity and provide feeding grounds for
seabirds; pelagic species, including whales, dolphins, and turtles; and
highly migratory fish, such as tunas, billfish, and sharks. More than
ten species of shark, including great white sharks, are known to utilize
the feeding grounds of the canyon and seamount area. Additionally,
surveys of leatherback and loggerhead turtles in the area have revealed
increased numbers above and immediately adjacent to the canyons and Bear
Seamount.
Marine birds concentrate in upwelling areas near the canyons and
seamounts. Several species of gulls, shearwaters, storm petrels,
gannets, skuas, and terns, among others, are regularly observed in the
region, sometimes in large aggregations. Recent analysis of geolocation
data found that Maine's vulnerable Atlantic puffin frequents the canyon
and seamount area between September and March, indicating a previously
unknown wintering habitat for those birds.
These canyons and seamounts, and the ecosystem they compose, have long
been of intense scientific interest. Scientists from government and
academic oceanographic institutions have studied the canyons and
seamounts using research vessels, submarines, and remotely operated
underwater vehicles for important deep-sea expeditions that have yielded
new information about living marine resources. Much remains to be
discovered about these unique, isolated environments and their
geological, ecological, and biological resources.
WHEREAS, the waters and submerged lands in and around the deep-sea
canyons Oceanographer, Lydonia, and Gilbert, and the seamounts Bear,
Physalia, Retriever, and Mytilus, contain objects of scientific and
historic 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 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;
WHEREAS, it is in the public interest to preserve the marine
environment, including the waters and submerged lands, in the area to be
known as the Northeast Canyons and Seamounts Marine National Monument,
for the care and management of the objects of historic and scientific
interest 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 canyon and
seamount area 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 the Northeast Canyons and Seamounts Marine
National Monument (monument) 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 ``Northeast Canyons and
Seamounts Marine National Monument,'' which is attached hereto, and
forms a part of this proclamation. The Federal lands and interests in
lands reserved consist of approximately 4,913 square miles, which is the
smallest area compatible with the proper care and management of the
objects to be protected.
The establishment of the monument is subject to valid existing rights.
All Federal lands and interests in lands within the boundaries of the
monument 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 not owned or controlled by the United
States shall be reserved as part of the monument upon acquisition of
title or control by the United States.
Management of the Marine National Monument
The Secretaries of Commerce and the Interior (Secretaries) shall share
management responsibility for the monument. 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 under the Magnuson-Stevens Fishery Conservation and

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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 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.
The Secretaries shall prepare a joint management plan, within their
respective authorities, for the monument 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 area 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. In addition, the Secretaries
shall work to continue advances in resource protection in the Monument
area that have resulted from a strong culture of collaboration and
enhanced stewardship of marine resources.
This proclamation shall be applied in accordance with international law,
and the Secretaries shall coordinate with the Department of State to
that end. The management plans and their implementing regulations shall
not unlawfully restrict navigation and overflight and other
internationally recognized lawful uses of the sea in the monument 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.
Restrictions
Prohibited Activities
The Secretaries shall prohibit, to the extent consistent with
international law, any person from conducting or causing to be conducted
the following activities:
1. Exploring for, developing, or producing oil and gas or minerals,
or undertaking any other energy exploration or development activities
within the monument.
2. Using or attempting to use poisons, electrical charges, or
explosives in the collection or harvest of a monument resource.

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3. Introducing or otherwise releasing an introduced species from
within or into the monument.
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
resource, except as provided under regulated activities below.
5. Drilling into, anchoring, 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 and constructing or maintaining submarine cables.
6. Fishing commercially or possessing commercial fishing gear except
when stowed and not available for immediate use during passage without
interruption through the monument, except for the red crab fishery and
the American lobster fishery as regulated below.
Regulated Activities
Subject to such terms and conditions as the Secretaries deem
appropriate, the Secretaries, pursuant to their respective authorities,
to the extent consistent with international law, 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 and is not prohibited as specified above:
1. Research and scientific exploration designed to further
understanding of monument resources and qualities or knowledge of the
North Atlantic Ocean ecosystem and resources.
2. Activities that will further the educational value of the
monument or will assist in the conservation and management of the
monument.
3. Anchoring scientific instruments.
4. Recreational fishing in accordance with applicable fishery
management plans and other applicable laws and other requirements.
5. Commercial fishing for red crab and American lobster for a period
of not more than 7 years from the date of this proclamation, in
accordance with applicable fishery management plans and other
regulations, and under permits in effect on the date of this
proclamation. After 7 years, red crab and American lobster commercial
fishing is prohibited in the monument.
6. Other activities that do not impact monument resources, such as
sailing or bird and marine mammal watching so long as those activities
are conducted in accordance with applicable laws and regulations,
including the Marine Mammal Protection Act. Nothing in this proclamation
is intended to require that the Secretaries issue individual permits in
order to allow such activities.
7. Construction and maintenance of submarine cables.
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

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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
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 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
Nothing in this proclamation shall be deemed to revoke any existing
withdrawal, reservation, or appropriation; however, the monument shall
be the dominant reservation.
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 fifteenth day of
September, 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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