sign in sign up
<<
Home , Wake Island

Administration of George W. Bush, 2009 / Jan. 6 9

protected areas, just as it did in the North- are not currently covered by existing offshore western Marine National mineral resource law, including authority and Monument and in today’s monument procla- procedures for obtaining royalties and assess- mations. The will exercise the ing fees and for revenue sharing, as appro- same rights and freedoms in similarly pro- priate. tected areas and waters of foreign nations. In addition, the United States, through its executive agencies, shall provide for the read- Proclamation 8335—Establishment iness, training, and global mobility of U.S. of the Marianas Trench Marine Armed Forces in its establishment of marine National Monument conservation areas. January 6, 2009 Management of Submerged Lands By the President of the United States The Commonwealth of the Northern Mar- of America iana Islands (CNMI) is the only United States territory that does not have title to the submerged lands beneath that portion of the A Proclamation United States territorial sea that is within 3 Over approximately 480 nautical , the miles of the coastlines of the CNMI. It is Mariana Archipelago encompasses the 14 is- appropriate that the CNMI be given the lands of the United States Commonwealth same authority as the other territories. In of the Northern and the 2005, my administration supported legisla- United States Territory of that sit atop tion that would have provided the CNMI the Mariana Ridge in an area known as the with such ownership, consistent with what Mariana Volcanic Arc. The Mariana Volcanic was granted to Guam, the Virgin Islands, and Arc is part of a subduction system in which American in October 1974. the Pacific Plate plunges beneath the Phil- My administration also recognizes, as was ippine Sea Plate and into the Earth’s mantle, recognized in 1974, the need to reserve Fed- creating the Mariana Trench. Six of the eral title in certain submerged lands, includ- archipelago’s islands have been volcanically ing submerged lands for use by our Nation’s active in historic times, and numerous sea- military, which is moving forces to the area mounts along the Mariana Ridge are volcan- from Okinawa, . It is in the interest of ically or hydrothermically active. The Mar- the security of our Nation to reserve the nec- iana Trench is approximately 940 nautical essary areas for national defense, while also miles long and 38 nautical miles wide within ensuring the people of the CNMI have the the United States benefit and enjoyment of the rights coming and contains the deepest known points in the with ownership of submerged lands out to global ocean. 3 miles. The Mariana Volcanic Arc contains objects To this end, I have asked the Secretary of scientific interest, including the largest ac- of the Interior to submit legislation that, sub- tive mud volcanoes on Earth. The Cham- ject to valid existing rights, transfers to the pagne vent, located at the Eifuku submarine CNMI the existing rights and title of the volcano, produces almost pure liquid carbon Federal Government over submerged lands dioxide. This phenomenon has only been - within 3 miles of the coast of the CNMI, served at one other site in the world. The consistent with that provided to Guam, the Sulfur Cauldron, a pool of liquid sulfur, is Virgin Islands, and , and I found at the Daikoku submarine volcano. urge the Congress to promptly pass such leg- The only other known location of molten sul- islation. fur is on Io, a moon of Jupiter. Unlike other I have also directed the Department of the reefs across the Pacific, the northernmost Interior to develop legislation and proce- Mariana reefs provide unique volcanic habi- dures for the management and administra- tats that support marine biological commu- tion of recovery of mineral resources in areas nities requiring basalt. Maug Crater rep- of the Pacific, outside the monument, that resents one of only a handful of places on

VerDate Nov 24 2008 11:52 Jan 13, 2009 Jkt 217250 PO 00000 Frm 00009 Fmt 1244 Sfmt 1244 E:\PRESDOCS\P01JAT4.009 P01JAT4 yshivers on PROD1PC62 with PRESDOCST 10 Jan. 6 / Administration of George W. Bush, 2009

Earth where photosynthetic and chemosyn- land, the limits of which in all cases shall be thetic communities of life are known to come confined to the smallest area compatible with together. the proper care and management of the ob- The waters of the archipelago’s northern jects to be protected; islands are among the most biologically di- Whereas it is in the public interest to pre- verse in the Western Pacific and include the serve the known volcanic areas of the Mar- greatest diversity of seamount and hydro- iana Ridge, the marine environment around thermal vent life yet discovered. These vol- the islands of Farallon de Pajaros, Maug, and canic islands are ringed by ecosystems Asuncion in the Commonwealth of the with very high numbers of apex predators, , and the Mariana including large numbers of sharks. They also Trench for the care and management of the contain one of the most diverse collections scientific objects therein: of stony in the Western Pacific. The Now, Therefore, I, George W. Bush, northern islands and shoals in the archi- President of the United States of America, pelago have substantially higher large fish by the authority vested in me by section 2 biomass, including apex predators, than the of the Antiquities Act do proclaim that there southern islands and Guam. The waters of are hereby set apart and reserved as the Mar- Farallon de Pajaros (also known as Uracas), ianas Trench Marine National Monument Maug, and Asuncion support some of the (the ‘‘monument’’ or ‘‘marine national monu- largest biomass of fishes in the Mariana ment’’) for the purpose of protecting the Archipelago. These relatively pristine coral objects identified above, all lands and inter- reef ecosystems are objects of scientific inter- ests in lands owned or controlled by the Gov- est and essential to the long-term study of ernment of the United States within the tropical marine ecosystems. boundaries described below and depicted on Whereas the submerged volcanic areas of the accompanying map entitled ‘‘Marianas the Mariana Ridge, the ecosystems Trench Marine National Monument’’ at- of the waters surrounding the islands of tached to and forming a part of this procla- Farallon de Pajaros, Maug, and Asuncion in mation. The monument includes the waters the Commonwealth of the Northern Mariana and submerged lands of the three northern- Islands, and the Mariana Trench contain ob- most Mariana Islands (the ‘‘Islands Unit’’) jects of scientific interest that are situated and only the submerged lands of designated upon lands owned or controlled by the Gov- volcanic sites (the ‘‘Volcanic Unit’’) and the ernment of the United States; Mariana Trench (the ‘‘Trench Unit’’) to the Whereas the United States continues to extent described as follows: The seaward act in accordance with the balance of inter- boundaries of the Islands Unit of the monu- ests relating to traditional uses of the oceans ment extend to the lines of latitude and lon- recognizing freedom of navigation and over- gitude depicted on the accompanying map, flight and other internationally recognized which lie approximately 50 nautical miles lawful uses of the sea; from the mean low water line of Farallon Whereas the islands, waters, and airspace de Pajaros (Uracas), Maug, and Asuncion. of the Mariana Ridge are of particular impor- The inland boundary of the Islands Unit of tance to the national security of the United the monument is the mean low water line. States; The boundary of the Trench Unit of the Whereas section 2 of the Act of June 8, monument extends from the northern limit 1906 (34 Stat. 225, 16 U.S.C. 431)(the ‘‘An- of the Exclusive Economic Zone of the tiquities Act’’) authorizes the President, in his United States in the Commonwealth of the discretion, to declare by public proclamation Northern Mariana Islands to the southern historic landmarks, historic and prehistoric limit of the Exclusive Economic Zone of the structures, and other objects of historic or United States in Guam approximately fol- scientific interest that are situated upon lands lowing the points of latitude and longitude owned or controlled by the Government of identified on the accompanying map. The the United States to be national monuments, boundaries of the Volcanic Unit of the monu- and to reserve as a part thereof parcels of ment include a circle drawn with a 1 nautical

VerDate Nov 24 2008 11:52 Jan 13, 2009 Jkt 217250 PO 00000 Frm 00010 Fmt 1244 Sfmt 1244 E:\PRESDOCS\P01JAT4.009 P01JAT4 yshivers on PROD1PC62 with PRESDOCST Administration of George W. Bush, 2009 / Jan. 6 11

radius centered on each of the volcanic and such other authorities as may be avail- features identified on the accompanying map able to implement this proclamation, to regu- and its legend. The Federal land and inter- late fisheries, and to ensure proper care and ests in land reserved consists of approxi- management of the monument. mately 95,216 square miles of submerged lands and waters of the Mariana Archipelago, Regulation of Scientific and which is the smallest area compatible with Research the proper care and management of the ob- jects to be protected. Subject to such terms and conditions as Submerged lands that by legislation are the Secretary deems necessary for the care subsequently granted by the United States and management of the objects of this monu- to the Commonwealth of the Northern Mar- ment, the Secretary of the Interior may per- iana Islands but remain controlled by the mit scientific exploration and research within United States under the Antiquities Act may the monument, including incidental appro- remain part of the monument, for coordina- priation, injury, destruction, or removal of tion of management with the Government features of this monument for scientific of the Commonwealth of the Northern Mar- study, and the Secretary of Commerce may iana Islands. Any submerged lands and inter- permit fishing within the monument for sci- ests in submerged lands within the monu- entific exploration and research purposes to ment not owned or controlled by the United the extent authorized by the Magnuson-Ste- States shall be reserved as a part of the vens Fishery Conservation and Management monument upon acquisition of title or con- Act. The prohibitions required by this procla- trol by the United States. mation shall not restrict scientific exploration or research activities by or for the Secre- Management of the Marine National taries, and nothing in this proclamation shall Monument be construed to require a permit or other The Secretaries of Commerce, through the authorization from the other Secretary for National Oceanic and Atmospheric Adminis- their respective scientific activities. tration, and the Interior, shall manage the monument pursuant to applicable legal au- Regulation of Fishing and Management of thorities and in consultation with the Sec- Fishery Resources retary of Defense. The Secretary of the Inte- Within the Islands Unit of the monument, rior shall have management responsibility for the Secretary of Commerce shall prohibit the monument, in consultation with the Sec- commercial fishing. Subject to such terms retary of Commerce, except that the Sec- and conditions as the Secretary of Commerce retary of Commerce shall have the primary deems necessary for the care and manage- management responsibility, in consultation ment of the objects of the Islands Unit, the with the Secretary of the Interior, with re- Secretary, consistent with spect to fishery-related activities regulated 12962 of June 7, 1995, as amended, shall en- pursuant to the Magnuson-Stevens Fishery sure that sustenance, recreational, and tradi- Conservation and Management Act (16 tional indigenous fishing shall be managed U.S.C. 1801 et seq.) and any other applicable as a sustainable activity consistent with other authorities. The Secretaries of the Interior applicable law and after due consideration and Commerce shall not allow or permit any with respect to traditional indigenous fishing appropriation, injury, destruction, or removal of any determination by the Government of of any feature of this monument except as the Commonwealth of the Northern Mariana provided for by this proclamation or as other- Islands. wise provided for by law. The Secretaries of the Interior and Com- merce shall take appropriate action pursuant Monument Management Planning to their respective authorities under the An- The Secretaries of the Interior and Com- tiquities Act and the Magnuson-Stevens merce shall, within 2 years of the date of this Fishery Conservation and Management Act, proclamation, prepare management plans

VerDate Nov 24 2008 11:52 Jan 13, 2009 Jkt 217250 PO 00000 Frm 00011 Fmt 1244 Sfmt 1244 E:\PRESDOCS\P01JAT4.009 P01JAT4 yshivers on PROD1PC62 with PRESDOCST 12 Jan. 6 / Administration of George W. Bush, 2009

within their respective authorities and pro- 5. a process to consider requests for rec- mulgate implementing regulations that ad- reational fishing permits in certain areas of dress any further specific actions necessary the Islands Unit, based on an analysis of the for the proper care and management of the likely effects of such fishing on the marine objects identified in this proclamation. In de- ecosystems of these areas, sound professional veloping and implementing any management judgment that such fishing will not materially plans and any management rules and regula- interfere with or detract from the fulfillment tions, the Secretaries shall designate and in- of the purposes of this proclamation, and the volve as cooperating agencies the agencies extent to which such recreational fishing shall with jurisdiction or special expertise, includ- be managed as a sustainable activity consis- ing the Department of Defense, the Depart- tent with Executive Order 12962, as amend- ment of State, and other agencies through ed, and other applicable law; and scoping in accordance with the National En- 6. programs for monitoring and enforce- vironmental Policy Act (42 U.S.C. 4321 et ment necessary to ensure that scientific ex- seq.), its implementing regulations and with ploration and research, tourism, and recrea- Executive Order 13352 of August 26, 2004, tional and commercial activities do not de- Facilitation of Cooperative Conservation, grade the monument’s coral reef ecosystem and shall treat as a cooperating agency the or related marine resources or species or di- Government of the Commonwealth of the minish the monument’s natural character. Northern Mariana Islands, consistent with The management plans and their imple- these authorities. The monument manage- menting regulations shall impose no restric- ment plans shall ensure that the monument tions on innocent passage in the territorial will be administered in accordance with this sea or otherwise restrict navigation, over- proclamation, and shall, as appropriate to flight, and other internationally recognized their respective authorities, provide for: lawful uses of the sea, and shall incorporate the provisions of this proclamation regarding 1. management of the Islands Unit of the Armed Forces actions and compliance with monument, in consultation with the Govern- international law. ment of the Commonwealth of the Northern This proclamation shall be applied in ac- Mariana Islands, including designation of cordance with international law. No restric- specific roles and responsibilities and the tions shall apply to or be enforced against means of consultation on management deci- a person who is not a citizen, national, or sions as appropriate, without affecting the resident alien of the United States (including respective authorities or jurisdictions of the foreign flag vessels) unless in accordance Commonwealth of the Northern Mariana Is- with international law. lands or the Secretaries of the Interior or of Nothing in this proclamation shall be Commerce; deemed to diminish or enlarge the jurisdic- 2. public education programs and public tion of the Commonwealth of the Northern outreach regarding the coral reef ecosystem Mariana Islands. and related marine resources and species of the monument and efforts to conserve them; Advisory Council 3. traditional access by indigenous persons, The Secretaries of the Interior and Com- as identified by the Secretaries in consulta- merce, within 3 months of the date of this tion with the Government of the Common- proclamation and after considering rec- wealth of the Northern Mariana Islands, for ommendations from the Governor of the culturally significant subsistence, cultural and Commonwealth of the Northern Mariana Is- religious uses within the monument; lands, the Secretary of Defense, and the Sec- 4. a program to assess and promote monu- retary of Homeland Security, shall establish ment-related scientific exploration and re- the Mariana Monument Advisory Council to search, tourism, and recreational and eco- provide advice and recommendations on the nomic activities and opportunities in the development of management plans and man- Commonwealth of the Northern Mariana Is- agement of the monument. The Advisory lands; Council shall consist of three officials of the

VerDate Nov 24 2008 11:52 Jan 13, 2009 Jkt 217250 PO 00000 Frm 00012 Fmt 1244 Sfmt 1244 E:\PRESDOCS\P01JAT4.009 P01JAT4 yshivers on PROD1PC62 with PRESDOCST Administration of George W. Bush, 2009 / Jan. 6 13

Government of the Commonwealth of the Coast Guard, the cognizant component shall Northern Mariana Islands and one rep- promptly coordinate with the Secretary of resentative each from the Department of the Interior or Commerce, as appropriate, Defense and the United States Coast Guard. for the purpose of taking appropriate actions Members of the Advisory Council will be to respond to and mitigate any actual harm appointed for a term of 3 years by the Secre- and, if possible, restore or replace the monu- taries of the Interior and Commerce after ment resource or quality. nomination by the head of the pertinent ex- 4. Nothing in this proclamation or any reg- ecutive branch agency or, with respect to the ulation implementing it shall limit or other- officials of the Government of the Common- wise affect the Armed Forces’ discretion to wealth of the Northern Mariana Islands, by use, maintain, improve, manage, or control the Governor of the Commonwealth of the any property under the administrative con- Northern Mariana Islands. The Advisory trol of a Military Department or otherwise Council will adopt such procedures as it limit the availability of such property for mili- deems necessary to govern its activities. Each tary mission purposes. participating agency shall be responsible for This proclamation is not intended to, and the expenses of its representative and the does not, create any right or benefit, sub- Departments of the Interior and Commerce stantive or procedural, enforceable at law or shall be equally responsible for the costs of in equity, by any party against the United the Advisory Council. States, its agencies, instrumentalities, or enti- ties, its officers, employees, agents, or any Emergencies, National Security, and Law other person. Enforcement Activities All Federal lands and interests in lands 1. The prohibitions required by this proc- within the boundaries of this monument are lamation shall not apply to activities nec- hereby withdrawn from all forms of entry, essary to respond to emergencies threatening location, selection, sale, or leasing or other life, property, or the environment, or to ac- disposition under the public land laws, to the tivities necessary for national security or law extent that those laws apply. enforcement purposes. The establishment of this monument is 2. Nothing in this proclamation shall limit subject to valid existing rights. agency actions to respond to emergencies Nothing in this proclamation shall be posing an unacceptable threat to human deemed to revoke any existing withdrawal, health or safety or to the marine environment reservation, or appropriation; however, the and admitting of no other feasible solution. national monument shall be dominant over any other existing Federal withdrawal, res- Armed Forces Actions ervation, or appropriation. 1. The prohibitions required by this proc- Warning is hereby given to all unauthor- lamation shall not apply to activities and exer- ized persons not to appropriate, excavate, in- cises of the Armed Forces (including those jure, destroy, or remove any feature of this carried out by the United States Coast monument and not to locate or settle upon Guard). any lands thereof. 2. The Armed Forces shall ensure, by the In Witness Whereof, I have hereunto set adoption of appropriate measures not impair- my hand this sixth day of January, in the year ing operations or operational capabilities, of our Lord two thousand nine, and of the that its vessels and aircraft act in a manner Independence of the United States of Amer- consistent, so far as is reasonable and prac- ica the two hundred and thirty-third. ticable, with this proclamation. George W. Bush 3. In the event of threatened or actual de- struction of, loss of, or injury to a monument [Filed with the Office of the Federal Register, living marine resource resulting from an inci- 8:45 a.m., January 9, 2009] dent, including but not limited to spills and groundings, caused by a component of the NOTE: This proclamation and its annex were pub- Department of Defense or the United States lished in the Federal Register on January 12.

VerDate Nov 24 2008 11:52 Jan 13, 2009 Jkt 217250 PO 00000 Frm 00013 Fmt 1244 Sfmt 1244 E:\PRESDOCS\P01JAT4.009 P01JAT4 yshivers on PROD1PC62 with PRESDOCST 14 Jan. 6 / Administration of George W. Bush, 2009

Proclamation 8336—Establishment Baker, Howland, and Jarvis Islands were of the Pacific Remote Islands Marine first formed as fringing reefs around islands National Monument formed by Cretaceous-era volcanoes (ap- January 6, 2009 proximately 120–75 million years ago). As the volcanoes subsided, the coral reefs grew up- By the President of the United States ward, maintaining proximity to the sea sur- of America face. These low coral islands consist of coral rock, shells, and sand that support trees, A Proclamation shrubs, and grasses adapted to the arid cli- The Pacific Remote Islands area consists mate at the . All three are surrounded of Wake, Baker, Howland, and Jarvis Islands, by shallow coral reefs to depths of 100 me- Johnston , , and Palmyra ters, below which the reef slope descends Atoll, which lie to the south and west of Ha- steeply to great depths. Deep coral forests waii. With the exception of Wake Island, occur below photic zones of all three islands these islands are administered as National at depths below 200 meters, especially at Jar- Wildlife Refuges by the United States Fish vis where surveys have revealed living colo- and Wildlife Service of the Department of the Interior. These refuges are an important nies of precious and ancient gold coral up part of the most widespread collection of to 5,000 years old. marine- and terrestrial-life protected areas The waters surrounding Baker, Howland, on the planet under a single country’s juris- and Jarvis Islands have fish biomass double diction. They sustain many endemic species that of the Papahanaumokuakea Marine Na- including corals, fish, shellfish, marine mam- tional Monument, and 16 times that of the mals, , water birds, land birds, in- main Hawaiian Islands, due to the Equatorial sects, and vegetation not found elsewhere. Undercurrent that moves from west to east Wake Island, to the west of , Ha- along the equator, creating localized nutri- waii, is the northernmost atoll in the Marshall ent-rich upwellings in shallows next to the Islands geological ridge and perhaps the old- islands. These are three of only six islands est living atoll in the world. Though it was in the entire where this phe- substantially modified by the United States nomenon is possible. These islands are high to create a military base before and after in coral cover and biodiversity and are pred- World War II, its major habitats are the three ator-dominated systems. Their biomass of low coral islands consisting of shells, coral top predators exceeds that of the Great - skeletons, and sand, supporting atoll vegeta- rier Reef or Kenyan Marine Protected Areas. tion adapted to arid climate. Wake Island The islands now host about a dozen nesting supports 12 species of resident nesting sea- birds and 6 species of migratory shorebirds, bird species including several nesting and mi- including 2 species of tropicbirds, 3 species gratory bird species that are of conservation of boobies, , , significance. Jarvis alone has nearly 3 million Brown Noddy, and Wedge-tailed Shear- pairs of Sooty Terns. There are about 300 water. Black-footed Albatross and Laysan Al- fish species found off the islands. Giant clams batross recently recolonized Wake Island, (Tridacna), Napoleon wrasses, and Bump- making it one of the few northern albatross head parrotfish are common, and sharks of colonies outside the Hawaiian archipelago. many species are especially abundant at Jar- Shallow coral reefs thrive around the pe- vis and commonly larger there than else- rimeter of Wake Island. Fish populations are where. Endangered hawksbill turtle and abundant and support at least 323 species, threatened green turtles forage in nearshore including large populations of the Napoleon waters. All three islands afford unique oppor- wrasse (Chelinus), sharks of several species, tunities to conduct climate change research and large schools of the Bumphead parrotfish at the equator, far from population centers. (Bolbometapon), all of which are globally de- The coral skeletons there have recorded the pleted. Beyond the shallow reefs, the outer earth’s climatic history for many millions of reef slope descends sharply to great depths. years.

VerDate Nov 24 2008 11:52 Jan 13, 2009 Jkt 217250 PO 00000 Frm 00014 Fmt 1244 Sfmt 1244 E:\PRESDOCS\P01JAT4.009 P01JAT4 yshivers on PROD1PC62 with PRESDOCST