Page:United States Statutes at Large Volume 123.djvu/3605

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123STA T . 3 58 5 PROCL A M AT I O N 833 6—J AN. 6 , 2 0 0 9Johnst on A to l l ,Ki n gma n Re e f ,an dP alm yr a Atoll for the c are and man - agement of the historic and scientific o bj ects therein

NOW

, THE RE F ORE, I , G EORGE W .BUS H, President of the United States of America, by the a u thority v ested in me by section 2 of the Anti q uities Act, do p roclaim that there are hereby set apart and re- served as the Pacific Remote Islands M arine National Monument ( the ‘ ‘monument ’ ’ or ‘‘marine national monument’’ ) for the purpose of pro- tecting the objects identified above, all lands and interests in lands o w ned 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 Is- lands to the lines of latitude and longitude depicted on the accom- panying maps, which lie appro x imately 50 nautical miles from the mean low water lines of Wa k e, 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 All Federal lands and interests in lands within the boundaries of this monument are hereby withdrawn from all forms of entry, location, se- lection, sale, leasing, or other disposition under the public land laws to the extent that those laws apply. L ands 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. Man a gem en tof t h eMa ri ne N ationa l Mon u ment The Secretary of the Interior, in consultation with the Secretary of C ommerce, shall have responsibility for management of the monument, including out to 1 2 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. How- ever, the Secretary of D efense 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 re- sponsibility 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 Mag- nuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 ets e q. ) and any other applicable legal authorities. The Secretaries of Commerce and the Interior shall not allow or permit any appropria- tion, injury, destruction, or removal of any feature of this monument except as provided for by this proclamation and shall prohibit commer- cial 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