12 January 2009

Federal Register 
Presidential Documents 

Vol. 74, No. 7 
Monday, January 12, 2009 

Title 3— 
The President 


Proclamation 8336 of January 6, 2009 

Establishment of 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 


1566 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Presidential Documents 

of only six islands in the entire Pacific Ocean 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’s 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 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 


Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Presidential Documents 1567 

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, 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. 


1568 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Presidential Documents 

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 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 


Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Presidential Documents 1569 

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 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. 

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. 

1570 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Presidential Documents 

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. 

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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[FR Doc. E9–500 
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