Establishment of the Rose Atoll Marine National Monument

Proclamation 8337 of January 6, 2009

Establishment of the Rose Atoll Marine National
Monument

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 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 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 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.

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.

[GRAPHIC] [TIFF OMITTED] TD12JA09.006