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Additional protections are provided under the following statutes, several of which are effectuated directly through the applicable fishery management plans: the Endangered Species Act (16 U.S.C. 1531 et seq.), the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), the Oil Pollution Act (33 U.S.C. 2701 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), Title I of the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1401 et seq.), the National Historic Preservation Act (54 U.S.C. 300101 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703–712), and the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.). These statutes provide sufficient enforceable mechanisms to properly manage the monument objects addressed in this proclamation. For example, the Endangered Species Act generally prohibits the taking of fish and wildlife species listed as endangered, and also generally ensures that Federal actions, including fisheries management, are not likely to jeopardize the continued existence of any listed species. The Marine Mammal Protection Act provides protections for marine mammals, and prohibits their taking, subject to some exceptions.

Therefore, I find that certain monument-based prohibitions on commercial fishing are not necessary at this time for the proper care and management of the monuments or the objects of historic or scientific interest therein.

Proclamation 10918 previously modified the Pacific Remote Islands Marine National Monument by providing, among other things, that the Secretary of Commerce shall not prohibit commercial fishing within specified Monument and Monument Expansion areas. Proclamation 10918 is modified to clarify that the proclamation itself removes monument-based prohibitions on commercial fishing and agency rulemaking is intended to amend or repeal inconsistent regulations.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 320301 of title 54, United States Code, hereby proclaim that Proclamations 8031, 8335, 8337, and 9478 are modified to remove certain monument-based prohibitions on commercial fishing in: (a) the Islands Unit of the Mariana Trench Marine National Monument; (b) the Mau Zone and Ho’omalu Zone and areas seaward of 50 nautical miles within the Papahānaumokuākea Marine National Monument; and (c) waters between 12 and 50 nautical miles surrounding Rose Atoll, consistent with applicable fishery management plans and implementing regulations. Only United States flagged vessels shall be allowed to fish commercially within the boundaries of these monuments, except that permits may be issued to foreign flagged vessels to transport fish harvested by United States fishermen.
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