[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 3582
 
PROCLAMATION 8336--JAN. 6, 2009

Proclamation 8336 of January 6, 2009
Establishment--the Pacific Remote Islands Marine National Monument
By the President of the United States of America
A Proclamation

The Pacific Remote Islands area consists of Wake, Baker, Howland, and
Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, which
lie to the south and west of Hawaii. With the exception of Wake Island,
these islands are administered as National Wildlife Refuges by the
United States Fish and Wildlife Service of the Department of the
Interior. These refuges are an important part of the most widespread
collection of marine- and terrestrial-life protected areas on the planet
under a single country's jurisdiction. They sustain many endemic species
including corals, fish, shellfish, marine mammals, seabirds, water
birds, land birds, insects, and vegetation not found elsewhere.

Wake Island, to the west of Honolulu, Hawaii, is the northernmost atoll
in the Marshall Islands geological ridge and perhaps the oldest living
atoll in the world. Though it was substantially modified by the United
States to create a military base before and after World War II, its
major habitats are the three low coral islands consisting of shells,
coral skeletons, and sand, supporting atoll vegetation adapted to arid
climate. Wake Island supports 12 species of resident nesting seabirds
and 6 species of migratory shorebirds, including 2 species of
tropicbirds, 3 species of boobies, Great Frigatebird, Sooty Tern, Brown
Noddy, and Wedge-tailed Shearwater. Black-footed Albatross and Laysan
Albatross recently recolonized Wake Island, making it one of the few
northern albatross colonies outside the Hawaiian archipelago.
Shallow coral reefs thrive around the perimeter of Wake Island. Fish
populations are abundant and support at least 323 species, including
large populations of the Napoleon wrasse (Chelinus), sharks of several
species, and large schools of the Bumphead parrotfish (Bolbometapon),
all of which are globally depleted. Beyond the shallow reefs, the outer
reef slope descends sharply to great depths.
Baker, Howland, and Jarvis Islands were first formed as fringing reefs
around islands formed by Cretaceous-era volcanoes (approximately 120-75
million years ago). As the volcanoes subsided, the coral reefs grew
upward, maintaining proximity to the sea surface. These low coral
islands consist of coral rock, shells, and sand that support trees,
shrubs, and grasses adapted to the arid climate at the equator. All
three are surrounded by shallow coral reefs to depths of 100 meters,
below which the reef slope descends steeply to great depths. Deep coral
forests occur below photic zones of all three islands at depths below
200 meters, especially at Jarvis where surveys have revealed living
colonies of precious and ancient gold coral up to 5,000 years old.
The waters surrounding Baker, Howland, and Jarvis Islands have fish
biomass double that of the Papahanaumokuakea Marine National Monument,
and 16 times that of the main Hawaiian Islands, due to the Equatorial
Undercurrent that moves from west to east along the equator, creating
localized nutrient-rich upwellings in shallows next to the islands.
These are three of only six islands in the entire Pacific Ocean

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where this phenomenon is possible. These islands are high in coral cover
and biodiversity and are predator-dominated systems. Their biomass of
top predators exceeds that of the Great Barrier Reef or Kenyan Marine
Protected Areas. The islands now host about a dozen nesting bird species
including several nesting and migratory bird species that are of
conservation significance. Jarvis alone has nearly 3 million pairs of
Sooty Terns. There are about 300 fish species found off the islands.
Giant clams (Tridacna), Napoleon wrasses, and Bumphead parrotfish are
common, and sharks of many species are especially abundant at Jarvis and
commonly larger there than elsewhere. Endangered hawksbill turtle and
threatened green turtles forage in nearshore waters. All three islands
afford unique opportunities to conduct climate change research at the
equator, far from population centers. The coral skeletons there have
recorded the earth' climatic history for many millions of years.
Johnston Atoll, the northernmost island in the island chain, is an
ancient atoll and probably one of the oldest in the Pacific Ocean.
Unlike most atolls, it does not have a surrounding barrier reef but has
a semicircular emergent reef around the north and western margins of the
island. Four major habitats characterize Johnston: low-lying islets
consisting of the remains of corals and shells, shallow coral reefs to
depths of 150 meters, deeper reefs to depths of 1,000 meters or more,
and the slope of the ancient volcano on which the island rests.
Johnston is a genetic and larval stepping stone from the Remote Islands
to the Hawaiian Islands for invertebrates, other reef fauna, corals, and
dolphins. Despite its isolation, Johnston supports thriving communities
of Table corals (Acropora) and a total of 45 coral species, including a
dozen species confined to the Hawaiian and northern Line Islands. Some
300 species of reef fish are at Johnston, including the endemic
Nahacky's pygmy angelfish. Many threatened, endangered, and depleted
species thrive there, including the green turtle, hawksbill turtle,
pearl oyster, giant clams, reef sharks, groupers, humphead wrasse,
bumphead parrotfish, whales, and dolphins. Endangered Hawaiian Monk
Seals occasionally visit the atoll. Deep diving submersible surveys have
revealed that Johnston supports the deepest reef building corals
(Leptoseris) on record and large populations of hydrozoan corals
(Millepora, Distichopora, Staylaster). Land areas support large
populations of migratory shorebirds and resident seabird species,
including populations of regional, national, or international
significance: Wedge-tailed Shearwaters, Christmas Shearwaters, Red-
tailed Tropicbirds, Brown Boobies, Great Frigatebirds, Gray-backed
Terns, and White Terns. Approximately 200 threatened Green turtles
forage at Johnston. The surrounding waters are used by six depleted or
endangered listed cetacean species: Sperm, Blue, Sei, Humpback, and
North Pacific Right whales. Spinner dolphins are abundant, and
endangered Humpback whales may calve there.
Palmyra Atoll is a classic Darwinian atoll that formed atop a sinking
Cretaceous-era volcano. Kingman Reef formed in the same manner but is
considered an atoll reef because it lacks permanent fast land areas or
islands. Kingman Reef contains a sheltered lagoon that served as a way
station for flying boats on Hawaii-to-American Samoa flights during the
late 1930s. There are no terrestrial plants on the reef, which is
frequently awash, but it does support abundant and diverse marine fauna
and flora. Palmyra Atoll is managed by the United States Fish

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and Wildlife Service as a wildlife refuge. In 2001, the Secretary of the
Interior established National Wildlife Refuges at Palmyra Atoll and
Kingman Reef.
Palmyra Atoll and Kingman Reef are known to be among the most pristine
coral reefs in the world, with a fully structured inverted food web.
Kingman Reef is the most pristine of any reef under U.S. jurisdiction.
They are ideal laboratories for assessing effects of climate change
without the difficulty of filtering anthropogenic impacts. Both Palmyra
Atoll and Kingman Reef support higher levels of coral and other
cnidarian species diversity (180-190 species) than any other atoll or
reef island in the central Pacific, twice as many as are found in Hawaii
or Florida. Palmyra atoll has one of the best remaining examples of
Pisonia grandis forest found in the Pacific region. This forest type has
been lost or severely degraded over much of its range due to increased
human population and development. Fish species diversity at Palmyra (418
species) is higher than, while that of Kingman (297 species) is
comparable to, that of the other remote Pacific refuges. Many
threatened, endangered, and depleted species thrive there, including the
green and hawksbill turtle, pearl oyster, giant clams (the highest
concentration in the Pacific Remote Island Area), reef sharks, Coconut
crabs, groupers, humphead and Napoleon wrasse, bumphead parrotfish, and
dolphins. Significant numbers of threatened green turtles forage at both
atolls, especially at Palmyra; endangered Hawksbill sea turtles forage
at both atolls. Large schools of rare Melon-headed whales reside off
both atolls. A possibly new species of beaked whale was recently
described from 2 specimens stranded at Palmyra and 1 at Christmas
Island. Palmyra supports 11 nesting seabird species including the third-
largest Red-footed Booby colony in the world. Large numbers of Bristle-
thighed Curlews, a migratory shorebird of conservation significance,
winter at Palmyra.
WHEREAS Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll,
Kingman Reef, and Palmyra Atoll and their surrounding waters contain
objects of historic or scientific interest that are situated upon lands
owned or controlled by the Government of the United States;
WHEREAS the Department of Defense has historically maintained
facilities, defensive areas, and airspace reservations at Wake Island
and Johnston Atoll;
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 marine environment
around the islands of Wake, Baker, Howland, and Jarvis Islands,

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Johnston Atoll, Kingman Reef, and Palmyra Atoll 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
Pacific Remote Islands 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 maps entitled ``Pacific Remote
Islands Marine National Monument'' attached to and forming a part of
this proclamation. The monument includes the waters and submerged and
emergent lands of the Pacific Remote Islands to the lines of latitude
and longitude depicted on the accompanying maps, which lie approximately
50 nautical miles from the mean low water lines of Wake, Baker, Howland,
and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll. The
Federal land and interests in land reserved consists of approximately
86,888 square miles, 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, leasing, or other disposition under the public land
laws to the extent that those laws apply. Lands and interests in 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 Secretary of the Interior, in consultation with the Secretary of
Commerce, shall have responsibility for management of the monument,
including out to 12 nautical miles from the mean low water lines of
Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef,
and Palmyra Atoll, pursuant to applicable legal authorities. However,
the Secretary of Defense shall continue to manage Wake Island, according
to the terms and conditions of an Agreement between the Secretary of the
Interior and Secretary of the Air Force, unless and until such Agreement
is terminated. The Secretary of Commerce, through the National Oceanic
and Atmospheric Administration, and in consultation with the Secretary
of the Interior, shall have primary responsibility for management of the
monument seaward of the area 12 nautical miles of the mean low water
lines of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll,
Kingman Reef, and Palmyra Atoll, 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 legal authorities. The Secretaries of Commerce and the
Interior shall not allow or permit any appropriation, injury,
destruction, or removal of any feature of this monument except as
provided for by this proclamation and shall prohibit commercial fishing
within boundaries of the monument.
The Secretaries of the Interior and of 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

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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 respective 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
The respective Secretaries may permit noncommercial fishing upon
request, at specific locations in accordance with this proclamation.
Noncommercial fishing opportunities currently allowed by the U.S. Fish
and Wildlife Service at Palmyra Atoll may continue unless the Secretary
of the Interior determines such fishing would not be compatible with the
purposes of the Palmyra Atoll National Wildlife Refuge. The Secretary
shall provide a process to ensure that recreational fishing shall be
managed as a sustainable activity in certain areas of the monument,
consistent with Executive Order 12962 of June 7, 1995, as amended, and
other applicable law.
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 at Baker,
Howland, and Jarvis Islands, Kingman Reef, and Palmyra Atoll. The
Secretaries shall revise and update the management plans as necessary.
The Secretary of the Interior shall revise the management plan to
incorporate measures for the management of Johnston Atoll within 2 years
of the date that the Department of Defense terminates its use of
Johnston Atoll. If the Secretary of the Air Force terminates the
Agreement regarding its use of Wake Island, the Secretary of the
Interior shall revise the management plan to incorporate Wake Island
management within 2 years of the date that the Air Force terminates its
use of Wake Island. In developing and implementing any management plans
and any management rules and regulations, the Secretaries shall consult
and designate and involve as cooperating agencies the agencies with
jurisdiction or special expertise, including the Department of Defense,
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.
The management plans and their implementing regulations shall impose no
restrictions on innocent passage in the territorial sea or otherwise
restrict navigation and overflight and other internationally recog-

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nized 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.
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.
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 resource or quality 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, including, but not limited
to, defensive areas and airspace reservations.
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, 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.

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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.
GEORGE W. BUSH

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