[Weekly Compilation of Presidential Documents Volume 45, Number 1 (Monday, January 12, 2009)]
[Pages 18-22]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 8337--Establishment of the Rose Atoll Marine National 
Monument

 January 6, 2009

 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

[[Page 19]]

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;
    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

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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 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

[[Page 21]]

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 
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.
    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.

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     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.