    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 10049 of June 5, 2020
    Modifying the Northeast Canyons and Seamounts Marine National Monument
    By the President of the United States of America
    A Proclamation
    In Proclamation 9496 of September 15, 2016, and exercising his authority
    under section 320301 of title 54, United States Code (the ``Antiquities
    Act'';), the President established the Northeast Canyons and Seamounts
    Marine National Monument, reserving for the care and management of
    objects of historic and scientific interest 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. The President prohibited
    commercial fishing, with a phase-out period for American lobster and red
    crab fisheries, within the monument's boundaries. This proclamation
    lifts the prohibition on commercial fishing, an activity that is subject
    to the Magnuson-Stevens Fishery Conservation and Management Act
    (Magnuson-Stevens), 16 U.S.C. 1801 et seq., and other applicable laws,
    regulations, and requirements. This proclamation does not modify the
    monument in any other respect.
    Proclamation 9496 identifies a number of canyons and seamounts as
    objects of historic and scientific interest. The monument is designated
    in two units, which correspond to two distinct geological features. The
    Canyons Unit comprises three underwater canyons that start at the edge
    of the continental shelf, whereas the Seamounts Unit consists of four
    undersea mountains. Both units are located in the United States
    Exclusive Economic Zone. In addition to the geological features,
    Proclamation 9496 designates the natural resources and ecosystems in and
    around the Canyons and Seamounts Units as objects of historic and
    scientific interest. Proclamation 9496 describes diverse ecological
    communities in the canyon and seamount areas, which include seabirds,
    whales, dolphins, turtles, and highly migratory fish species, such as
    tunas, billfish, and sharks. Proclamation 9496 observes that some of
    these species have appeared in the canyon and seamount areas in large
    aggregations and increased numbers. In support of the monument
    designation, Proclamation 9496 notes that ``[t]hese canyons and
    seamounts, and the ecosystem they compose, have long been of intense
    scientific interest,''; with ``[s]cientists from government and academic
    oceanographic institutions''; studying ``the canyons and seamounts using
    research vessels, submarines, and remotely operated underwater vehicles
    for important deep-sea expeditions.'';
    As part of the management of the monument, Proclamation 9496 prohibited,
    subject to the phase-out period previously noted, all commercial fishing
    within the monument's boundaries. As explained herein, following further
    consideration of the nature of the objects identified

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    in Proclamation
    9496 and the protection of those objects already provided by relevant
    law, I find that appropriately managed commercial fishing would not put
    the objects of scientific and historic interest that the monument
    protects at risk. Indeed, Proclamation 9496 allows for recreational
    fishing and further acknowledges that ``[t]hroughout 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.'';
    With respect to fish in particular, many of the fish species that
    Proclamation 9496 identifies are highly migratory and not unique to the
    monument. Some of the examples of fish species that Proclamation 9496
    identifies are not of such significant scientific interest that they
    merit additional protection beyond that already provided by other law.
    Moreover, the fish species described in Proclamation 9496 are subject to
    Federal protections under existing laws and agency management
    designations. For example, Magnuson-Stevens regulates commercial fishing
    to ensure long-term biological and economic sustainability for our
    Nation's marine fisheries, taking into account the protection of
    associated marine ecosystems. Magnuson-Stevens establishes regional
    fishery management councils, supervised by the Secretary of Commerce in
    coordination with the States and affected stakeholders, that develop
    fishery management plans to regulate our Nation's fisheries, using the
    best available science and observing strict conservation and management
    requirements. Magnuson-Stevens requires a similar process of science-
    based fisheries management for highly migratory species, including the
    tunas referenced in Proclamation 9496. In addition, Magnuson-Stevens
    provides that fishery management plans may include, among other
    measures, management measures to conserve target and non-target species
    and habitats, including measures to protect deep-sea corals.
    A host of other laws enacted after the Antiquities Act provide specific
    protection for other plant and animal resources (including coral
    species) both within and outside the monument. These laws include 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. For example,
    the Endangered Species Act generally prohibits the taking of fish and
    wildlife species listed as endangered, and also generally ensures that
    Federal actions, including fisheries management, are not likely to
    jeopardize the existence of any such species. The Marine Mammal
    Protection Act provides protections for marine mammals, and prohibits
    their take, subject to some exceptions. Numerous other statutes,
    including the Clean Water Act, Oil Pollution Act, and Ocean Dumping Act,
    address both land-based and ocean-based sources of pollution and help
    ensure that water quality continues to support plankton and other
    pelagic organisms.
    After further consideration of the nature of the objects identified in
    Proclamation 9496 and the protection of those objects already provided
    by Magnuson-Stevens and other relevant law, I find that a prohibition

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    on commercial fishing is not, at this time, necessary for the proper care
    and management of the Northeast Canyons and Seamounts Marine National
    Monument, or the objects of historic or scientific interest therein.
    WHEREAS, Proclamation 9496 of September 15, 2016, designated the
    Northeast Canyons and Seamounts Marine National Monument in the

    Atlantic Ocean and reserved approximately 4,913 square miles in the
    United States Exclusive Economic Zone for the care and management of
    objects of historic and scientific interest identified therein;
    WHEREAS, I find that removing the restrictions on commercial fishing set
    forth in Proclamation 9496 to allow for well-regulated commercial
    fishing use is in the public interest and that the objects in the
    monument can be, and are currently, protected pursuant to carefully
    tailored regulation and management under existing Federal law:
    NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of
    America, by the authority vested in me by the Constitution and the laws
    of the United States, including section 320301 of title 54, United
    States Code, hereby proclaim that Proclamation 9496, which established
    the Northeast Canyons and Seamounts Marine National Monument, is amended
    as follows:
    (1) in the section entitled ``Prohibited Activities,''; by deleting
    paragraph 6; and
    (2) in the section entitled ``Regulated Activities,''; by deleting
    paragraph 5 and by re-designating paragraphs 6 and 7 as paragraphs 5 and
    6, respectively.
    Furthermore, nothing in paragraph 4 in the section entitled ``Prohibited
    Activities''; in Proclamation 9496 shall be deemed to apply to
    commercial fishing that is carried out in accordance with Magnuson-
    Stevens and other applicable laws, regulations, and requirements.
    Nothing in this proclamation shall be construed to revoke, modify, or
    affect any withdrawal, reservation, or appropriation, other than the one
    created by Proclamation 9496.
    Nothing in this proclamation shall change the management of the areas
    designated and reserved by Proclamation 9496, except as explicitly
    provided in this proclamation.
    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 fifth day of June,
    in the year of our Lord two thousand twenty, and of the Independence of
    the United States of America the two hundred and forty-fourth.
    DONALD J. TRUMP