[Weekly Compilation of Presidential Documents Volume 45, Number 1 (Monday, January 12, 2009)]
[Pages 9-14]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 8335--Establishment of the Marianas Trench Marine National 
Monument

 January 6, 2009

 By the President of the United States

 of America

 A Proclamation

    Over approximately 480 nautical miles, the Mariana Archipelago 
encompasses the 14 islands of the United States Commonwealth of the 
Northern Mariana Islands and the United States Territory of Guam that 
sit atop the Mariana Ridge in an area known as the Mariana Volcanic Arc. 
The Mariana Volcanic Arc is part of a subduction system in which the 
Pacific Plate plunges beneath the Philippine Sea Plate and into the 
Earth's mantle, creating the Mariana Trench. Six of the archipelago's 
islands have been volcanically active in historic times, and numerous 
seamounts along the Mariana Ridge are volcanically or hydrothermically 
active. The Mariana Trench is approximately 940 nautical miles long and 
38 nautical miles wide within the United States Exclusive Economic Zone 
and contains the deepest known points in the global ocean.
    The Mariana Volcanic Arc contains objects of scientific interest, 
including the largest active mud volcanoes on Earth. The Champagne vent, 
located at the Eifuku submarine volcano, produces almost pure liquid 
carbon dioxide. This phenomenon has only been observed at one other site 
in the world. The Sulfur Cauldron, a pool of liquid sulfur, is found at 
the Daikoku submarine volcano. The only other known location of molten 
sulfur is on Io, a moon of Jupiter. Unlike other reefs across the 
Pacific, the northernmost Mariana reefs provide unique volcanic habitats 
that support marine biological communities requiring basalt. Maug Crater 
represents one of only a handful of places on

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Earth where photosynthetic and chemosynthetic communities of life are 
known to come together.
    The waters of the archipelago's northern islands are among the most 
biologically diverse in the Western Pacific and include the greatest 
diversity of seamount and hydrothermal vent life yet discovered. These 
volcanic islands are ringed by coral ecosystems with very high numbers 
of apex predators, including large numbers of sharks. They also contain 
one of the most diverse collections of stony corals in the Western 
Pacific. The northern islands and shoals in the archipelago have 
substantially higher large fish biomass, including apex predators, than 
the southern islands and Guam. The waters of Farallon de Pajaros (also 
known as Uracas), Maug, and Asuncion support some of the largest biomass 
of reef fishes in the Mariana Archipelago. These relatively pristine 
coral reef ecosystems are objects of scientific interest and essential 
to the long-term study of tropical marine ecosystems.
    Whereas the submerged volcanic areas of the Mariana Ridge, the coral 
reef ecosystems of the waters surrounding the islands of Farallon de 
Pajaros, Maug, and Asuncion in the Commonwealth of the Northern Mariana 
Islands, and the Mariana Trench contain objects of 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 the islands, waters, and airspace of the Mariana Ridge are 
of particular importance to the national security of the United States;
    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 known volcanic 
areas of the Mariana Ridge, the marine environment around the islands of 
Farallon de Pajaros, Maug, and Asuncion in the Commonwealth of the 
Northern Mariana Islands, and the Mariana Trench for the care and 
management of the 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 
Marianas Trench 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 map entitled ``Marianas Trench 
Marine National Monument'' attached to and forming a part of this 
proclamation. The monument includes the waters and submerged lands of 
the three northernmost Mariana Islands (the ``Islands Unit'') and only 
the submerged lands of designated volcanic sites (the ``Volcanic Unit'') 
and the Mariana Trench (the ``Trench Unit'') to the extent described as 
follows: The seaward boundaries of the Islands Unit of the monument 
extend to the lines of latitude and longitude depicted on the 
accompanying map, which lie approximately 50 nautical miles from the 
mean low water line of Farallon de Pajaros (Uracas), Maug, and Asuncion. 
The inland boundary of the Islands Unit of the monument is the mean low 
water line. The boundary of the Trench Unit of the monument extends from 
the northern limit of the Exclusive Economic Zone of the United States 
in the Commonwealth of the Northern Mariana Islands to the southern 
limit of the Exclusive Economic Zone of the United States in Guam 
approximately following the points of latitude and longitude identified 
on the accompanying map. The boundaries of the Volcanic Unit of the 
monument include a circle drawn with a 1 nautical

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mile radius centered on each of the volcanic features identified on the 
accompanying map and its legend. The Federal land and interests in land 
reserved consists of approximately 95,216 square miles of submerged 
lands and waters of the Mariana Archipelago, which is the smallest area 
compatible with the proper care and management of the objects to be 
protected.
    Submerged lands that by legislation are subsequently granted by the 
United States to the Commonwealth of the Northern Mariana Islands but 
remain controlled by the United States under the Antiquities Act may 
remain part of the monument, for coordination of management with the 
Government of the Commonwealth of the Northern Mariana Islands. Any 
submerged lands and interests in submerged 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 Secretaries of Commerce, through the National Oceanic and 
Atmospheric Administration, and the Interior, shall manage the monument 
pursuant to applicable legal authorities and in consultation with the 
Secretary of Defense. The Secretary of the Interior shall have 
management responsibility for the monument, in consultation with the 
Secretary of Commerce, except that the Secretary of Commerce shall have 
the primary management responsibility, in consultation with the 
Secretary of the Interior, 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 Secretaries of the Interior and Commerce 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.
    The Secretaries of the Interior and 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 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

    Within the Islands Unit of the monument, the Secretary of Commerce 
shall prohibit commercial fishing. Subject to such terms and conditions 
as the Secretary of Commerce deems necessary for the care and management 
of the objects of the Islands Unit, the Secretary, consistent with 
Executive Order 12962 of June 7, 1995, as amended, shall ensure that 
sustenance, recreational, and traditional indigenous fishing shall be 
managed as a sustainable activity consistent with other applicable law 
and after due consideration with respect to traditional indigenous 
fishing of any determination by the Government of the Commonwealth of 
the Northern Mariana Islands.

Monument Management Planning

    The Secretaries of the Interior and Commerce shall, within 2 years 
of the date of this proclamation, prepare management plans

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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. In developing and implementing any management plans and 
any management rules and regulations, the Secretaries shall designate 
and involve as cooperating agencies the agencies with jurisdiction or 
special expertise, including the Department of Defense, the Department 
of State, 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 the Commonwealth of the Northern 
Mariana Islands, consistent with these authorities. The monument 
management plans shall ensure that the monument will be administered in 
accordance with this proclamation, and shall, as appropriate to their 
respective authorities, provide for:
    1. management of the Islands Unit of the monument, in consultation 
with the Government of the Commonwealth of the Northern Mariana Islands, 
including designation of specific roles and responsibilities and the 
means of consultation on management decisions as appropriate, without 
affecting the respective authorities or jurisdictions of the 
Commonwealth of the Northern Mariana Islands or the Secretaries of the 
Interior or of Commerce;
    2. public education programs and public outreach regarding the coral 
reef ecosystem and related marine resources and species of the monument 
and efforts to conserve them;
    3. traditional access by indigenous persons, as identified by the 
Secretaries in consultation with the Government of the Commonwealth of 
the Northern Mariana Islands, for culturally significant subsistence, 
cultural and religious uses within the monument;
    4. a program to assess and promote monument-related scientific 
exploration and research, tourism, and recreational and economic 
activities and opportunities in the Commonwealth of the Northern Mariana 
Islands;
    5. a process to consider requests for recreational fishing permits 
in certain areas of the Islands Unit, based on an analysis of the likely 
effects of such fishing on the marine ecosystems of these areas, sound 
professional judgment that such fishing will not materially interfere 
with or detract from the fulfillment of the purposes of this 
proclamation, and the extent to which such recreational fishing shall be 
managed as a sustainable activity consistent with Executive Order 12962, 
as amended, and other applicable law; and
    6. programs for monitoring and enforcement necessary to ensure that 
scientific exploration and research, tourism, and recreational and 
commercial activities do not degrade the monument's coral reef ecosystem 
or related marine resources or species or diminish the monument's 
natural character.
    The management plans and their implementing regulations shall impose 
no restrictions on innocent passage in the territorial sea or otherwise 
restrict navigation, overflight, and other internationally recognized 
lawful uses of the sea, and shall incorporate the provisions of this 
proclamation regarding Armed Forces actions and compliance with 
international 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.
    Nothing in this proclamation shall be deemed to diminish or enlarge 
the jurisdiction of the Commonwealth of the Northern Mariana Islands.

Advisory Council

    The Secretaries of the Interior and Commerce, within 3 months of the 
date of this proclamation and after considering recommendations from the 
Governor of the Commonwealth of the Northern Mariana Islands, the 
Secretary of Defense, and the Secretary of Homeland Security, shall 
establish the Mariana Monument Advisory Council to provide advice and 
recommendations on the development of management plans and management of 
the monument. The Advisory Council shall consist of three officials of 
the

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Government of the Commonwealth of the Northern Mariana Islands and one 
representative each from the Department of Defense and the United States 
Coast Guard.
    Members of the Advisory Council will be appointed for a term of 3 
years by the Secretaries of the Interior and Commerce after nomination 
by the head of the pertinent executive branch agency or, with respect to 
the officials of the Government of the Commonwealth of the Northern 
Mariana Islands, by the Governor of the Commonwealth of the Northern 
Mariana Islands. The Advisory Council will adopt such procedures as it 
deems necessary to govern its activities. Each participating agency 
shall be responsible for the expenses of its representative and the 
Departments of the Interior and Commerce shall be equally responsible 
for the costs of the Advisory Council.

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.
    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.
    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.
    The establishment of this monument is subject to valid existing 
rights.
    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.

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