Establishment of the Marianas Trench Marine National Monument, 1557-1563 [E9-496]
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1557
Presidential Documents
Federal Register
Vol. 74, No. 7
Monday, January 12, 2009
Title 3—
Proclamation 8335 of January 6, 2009
The President
Establishment of the Marianas Trench Marine National
Monument
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 Earth where photosynthetic and chemosynthetic communities
of life are known to come together.
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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
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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:
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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 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.
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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 fisheryrelated 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 MagnusonStevens 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.
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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. 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
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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
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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 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
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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.
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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.
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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.
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Billing code 3195–W9–P
1563
[FR Doc. E9–496
Filed 1–9–09; 8:45 am]
BILLING CODE 4310–10–C
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Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Presidential Documents
Agencies
[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Presidential Documents]
[Pages 1557-1563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-496]
[[Page 1555]]
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Part V
The President
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Proclamation 8335--Establishment of the Marianas Trench Marine National
Monument
Proclamation 8336--Establishment of the Pacific Remote Islands Marine
National Monument
Proclamation 8337--Establishment of the Rose Atoll Marine National
Monument
Presidential Documents
Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 1557]]
Proclamation 8335 of January 6, 2009
Establishment of the Marianas Trench Marine
National Monument
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 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
[[Page 1558]]
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 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.
[[Page 1559]]
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 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
[[Page 1560]]
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 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
[[Page 1561]]
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.
[[Page 1562]]
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.
(Presidential Sig.)
Billing code 3195-W9-P
[[Page 1563]]
[GRAPHIC] [TIFF OMITTED] TD12JA09.000
[FR Doc. E9-496
Filed 1-9-09; 8:45 am]
BILLING CODE 4310-10-C