[Weekly Compilation of Presidential Documents Volume 45, Number 1 (Monday, January 12, 2009)]
[Pages 14-18]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 8336--Establishment of the Pacific Remote Islands Marine 
National Monument

 January 6, 2009

 By the President of the United States

 of America

 A Proclamation

    The Pacific Remote Islands area consists of Wake, Baker, Howland, 
and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, 
which lie to the south and west of Hawaii. With the exception of Wake 
Island, these islands are administered as National Wildlife Refuges by 
the United States Fish and Wildlife Service of the Department of the 
Interior. These refuges are an important part of the most widespread 
collection of marine- and terrestrial-life protected areas on the planet 
under a single country's jurisdiction. They sustain many endemic species 
including corals, fish, shellfish, marine mammals, seabirds, water 
birds, land birds, insects, and vegetation not found elsewhere.
    Wake Island, to the west of Honolulu, Hawaii, is the northernmost 
atoll in the Marshall Islands geological ridge and perhaps the oldest 
living atoll in the world. Though it was substantially modified by the 
United States to create a military base before and after World War II, 
its major habitats are the three low coral islands consisting of shells, 
coral skeletons, and sand, supporting atoll vegetation adapted to arid 
climate. Wake Island supports 12 species of resident nesting seabirds 
and 6 species of migratory shorebirds, including 2 species of 
tropicbirds, 3 species of boobies, Great Frigatebird, Sooty Tern, Brown 
Noddy, and Wedge-tailed Shearwater. Black-footed Albatross and Laysan 
Albatross recently recolonized Wake Island, making it one of the few 
northern albatross colonies outside the Hawaiian archipelago.
    Shallow coral reefs thrive around the perimeter of Wake Island. Fish 
populations are abundant and support at least 323 species, including 
large populations of the Napoleon wrasse (Chelinus), sharks of several 
species, and large schools of the Bumphead parrotfish (Bolbometapon), 
all of which are globally depleted. Beyond the shallow reefs, the outer 
reef slope descends sharply to great depths.
    Baker, Howland, and Jarvis Islands were first formed as fringing 
reefs around islands formed by Cretaceous-era volcanoes (approximately 
120-75 million years ago). As the volcanoes subsided, the coral reefs 
grew upward, maintaining proximity to the sea surface. These low coral 
islands consist of coral rock, shells, and sand that support trees, 
shrubs, and grasses adapted to the arid climate at the equator. All 
three are surrounded by shallow coral reefs to depths of 100 meters, 
below which the reef slope descends steeply to great depths. Deep coral 
forests occur below photic zones of all three islands at depths below 
200 meters, especially at Jarvis where surveys have revealed living 
colonies of precious and ancient gold coral up to 5,000 years old.

    The waters surrounding Baker, Howland, and Jarvis Islands have fish 
biomass double that of the Papahanaumokuakea Marine National Monument, 
and 16 times that of the main Hawaiian Islands, due to the Equatorial 
Undercurrent that moves from west to east along the equator, creating 
localized nutrient-rich upwellings in shallows next to the islands. 
These are three of only six islands in the entire Pacific Ocean where 
this phenomenon is possible. These islands are high in coral cover and 
biodiversity and are predator-dominated systems. Their biomass of top 
predators exceeds that of the Great Barrier Reef or Kenyan Marine 
Protected Areas. The islands now host about a dozen nesting bird species 
including several nesting and migratory bird species that are of 
conservation significance. Jarvis alone has nearly 3 million pairs of 
Sooty Terns. There are about 300 fish species found off the islands. 
Giant clams (Tridacna), Napoleon wrasses, and Bumphead parrotfish are 
common, and sharks of many species are especially abundant at Jarvis and 
commonly larger there than elsewhere. Endangered hawksbill turtle and 
threatened green turtles forage in nearshore waters. All three islands 
afford unique opportunities to conduct climate change research at the 
equator, far from population centers. The coral skeletons there have 
recorded the earth's climatic history for many millions of years.

[[Page 15]]

    Johnston Atoll, the northernmost island in the island chain, is an 
ancient atoll and probably one of the oldest in the Pacific Ocean. 
Unlike most atolls, it does not have a surrounding barrier reef but has 
a semicircular emergent reef around the north and western margins of the 
island. Four major habitats characterize Johnston: low-lying islets 
consisting of the remains of corals and shells, shallow coral reefs to 
depths of 150 meters, deeper reefs to depths of 1,000 meters or more, 
and the slope of the ancient volcano on which the island rests.
    Johnston is a genetic and larval stepping stone from the Remote 
Islands to the Hawaiian Islands for invertebrates, other reef fauna, 
corals, and dolphins. Despite its isolation, Johnston supports thriving 
communities of Table corals (Acropora) and a total of 45 coral species, 
including a dozen species confined to the Hawaiian and northern Line 
Islands. Some 300 species of reef fish are at Johnston, including the 
endemic Nahacky's pygmy angelfish. Many threatened, endangered, and 
depleted species thrive there, including the green turtle, hawksbill 
turtle, pearl oyster, giant clams, reef sharks, groupers, humphead 
wrasse, bumphead parrotfish, whales, and dolphins. Endangered Hawaiian 
Monk Seals occasionally visit the atoll. Deep diving submersible surveys 
have revealed that Johnston supports the deepest reef building corals 
(Leptoseris) on record and large populations of hydrozoan corals 
(Millepora, Distichopora, Staylaster). Land areas support large 
populations of migratory shorebirds and resident seabird species, 
including populations of regional, national, or international 
significance: Wedge-tailed Shearwaters, Christmas Shearwaters, Red-
tailed Tropicbirds, Brown Boobies, Great Frigatebirds, Gray-backed 
Terns, and White Terns. Approximately 200 threatened Green turtles 
forage at Johnston. The surrounding waters are used by six depleted or 
endangered listed cetacean species: Sperm, Blue, Sei, Humpback, and 
North Pacific Right whales. Spinner dolphins are abundant, and 
endangered Humpback whales may calve there.
    Palmyra Atoll is a classic Darwinian atoll that formed atop a 
sinking Cretaceous-era volcano. Kingman Reef formed in the same manner 
but is considered an atoll reef because it lacks permanent fast land 
areas or islands. Kingman Reef contains a sheltered lagoon that served 
as a way station for flying boats on Hawaii-to-American Samoa flights 
during the late 1930s. There are no terrestrial plants on the reef, 
which is frequently awash, but it does support abundant and diverse 
marine fauna and flora. Palmyra Atoll is managed by the United States 
Fish and Wildlife Service as a wildlife refuge. In 2001, the Secretary 
of the Interior established National Wildlife Refuges at Palmyra Atoll 
and Kingman Reef.
    Palmyra Atoll and Kingman Reef are known to be among the most 
pristine coral reefs in the world, with a fully structured inverted food 
web. Kingman Reef is the most pristine of any reef under U.S. 
jurisdiction. They are ideal laboratories for assessing effects of 
climate change without the difficulty of filtering anthropogenic 
impacts. Both Palmyra Atoll and Kingman Reef support higher levels of 
coral and other cnidarian species diversity (180-190 species) than any 
other atoll or reef island in the central Pacific, twice as many as are 
found in Hawaii or Florida. Palmyra atoll has one of the best remaining 
examples of Pisonia grandis forest found in the Pacific region. This 
forest type has been lost or severely degraded over much of its range 
due to increased human population and development. Fish species 
diversity at Palmyra (418 species) is higher than, while that of Kingman 
(297 species) is comparable to, that of the other remote Pacific 
refuges. Many threatened, endangered, and depleted species thrive there, 
including the green and hawksbill turtle, pearl oyster, giant clams (the 
highest concentration in the Pacific Remote Island Area), reef sharks, 
Coconut crabs, groupers, humphead and Napoleon wrasse, bumphead 
parrotfish, and dolphins. Significant numbers of threatened green 
turtles forage at both atolls, especially at Palmyra; endangered 
Hawksbill sea turtles forage at both atolls. Large schools of rare 
Melon-headed whales reside off both atolls. A possibly new species of 
beaked whale was recently described from 2 specimens stranded at Palmyra 
and 1 at Christmas Island. Palmyra supports 11 nesting seabird species 
including the third-largest Red-footed Booby colony in the

[[Page 16]]

world. Large numbers of Bristle-thighed Curlews, a migratory shorebird 
of conservation significance, winter at Palmyra.
     Whereas Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, 
Kingman Reef, and Palmyra Atoll and their surrounding waters contain 
objects of historic or scientific interest that are situated upon lands 
owned or controlled by the Government of the United States;
     Whereas the Department of Defense has historically maintained 
facilities, defensive areas, and airspace reservations at Wake Island 
and Johnston Atoll;
     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 marine 
environment around the islands of Wake, Baker, Howland, and Jarvis 
Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll 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 Pacific Remote Islands 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 maps 
entitled ``Pacific Remote Islands Marine National Monument'' attached to 
and forming a part of this proclamation. The monument includes the 
waters and submerged and emergent lands of the Pacific Remote Islands to 
the lines of latitude and longitude depicted on the accompanying maps, 
which lie approximately 50 nautical miles from the mean low water lines 
of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman 
Reef, and Palmyra Atoll. The Federal land and interests in land reserved 
consists of approximately 86,888 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 
this monument are hereby 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. Lands and interests in 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 Secretary of the Interior, in consultation with the Secretary of 
Commerce, shall have responsibility for management of the monument, 
including out to 12 nautical miles from the mean low water lines of 
Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, 
and Palmyra Atoll, pursuant to applicable legal authorities. However, 
the Secretary of Defense shall continue to manage Wake Island, according 
to the terms and conditions of an Agreement between the Secretary of the 
Interior and Secretary of the Air Force, unless and until such Agreement 
is terminated. The Secretary of Commerce, through the National Oceanic 
and Atmospheric Administration, and in consultation with the Secretary 
of the Interior, shall have primary responsibility for management of the 
monument seaward of the area 12 nautical miles of the mean low water 
lines of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, 
Kingman Reef, and Palmyra Atoll, with respect to fishery-related 
activities regulated pursuant to the Magnuson-Stevens

[[Page 17]]

Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and any 
other applicable legal authorities. The Secretaries of Commerce and the 
Interior shall not allow or permit any appropriation, injury, 
destruction, or removal of any feature of this monument except as 
provided for by this proclamation and shall prohibit commercial fishing 
within boundaries of the monument.
    The Secretaries of the Interior and of 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 respective 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

    The respective Secretaries may permit noncommercial fishing upon 
request, at specific locations in accordance with this proclamation. 
Noncommercial fishing opportunities currently allowed by the U.S. Fish 
and Wildlife Service at Palmyra Atoll may continue unless the Secretary 
of the Interior determines such fishing would not be compatible with the 
purposes of the Palmyra Atoll National Wildlife Refuge. The Secretary 
shall provide a process to ensure that recreational fishing shall be 
managed as a sustainable activity in certain areas of the monument, 
consistent with Executive Order 12962 of June 7, 1995, as amended, and 
other applicable law.

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 at Baker, 
Howland, and Jarvis Islands, Kingman Reef, and Palmyra Atoll. The 
Secretaries shall revise and update the management plans as necessary. 
The Secretary of the Interior shall revise the management plan to 
incorporate measures for the management of Johnston Atoll within 2 years 
of the date that the Department of Defense terminates its use of 
Johnston Atoll. If the Secretary of the Air Force terminates the 
Agreement regarding its use of Wake Island, the Secretary of the 
Interior shall revise the management plan to incorporate Wake Island 
management within 2 years of the date that the Air Force terminates its 
use of Wake Island. In developing and implementing any management plans 
and any management rules and regulations, the Secretaries shall consult 
and designate and involve as cooperating agencies the agencies with 
jurisdiction or special expertise, including the Department of Defense, 
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.
    The management plans and their implementing regulations shall impose 
no restrictions on innocent passage in the territorial sea or otherwise 
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 Armed Forces actions and 
compliance with international law.

[[Page 18]]

    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.

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 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 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, including, 
but not limited to, defensive areas and airspace reservations.
    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, 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.
    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

 [Filed with the Office of the Federal Register, 8:45 a.m., January 9, 
2009]

Note: This proclamation and its annex were published in the Federal 
Register on January 12.