ExecutiveOrdersEO
Proc 9496ProclamationObama · D Quiet signal

Proclamation 9496

Northeast Canyons and Seamounts Marine National Monument

President Obama designated approximately 4,913 square miles of Atlantic Ocean as the Northeast Canyons and Seamounts Marine National Monument under the Antiquities Act, permanently protecting three submarine canyons and four seamounts from commercial extraction, oil and gas development, and most fishing, with limited exceptions for red crab and lobster fishing for 7 years. The proclamation establishes a dual-management structure between Commerce (NOAA) and Interior (FWS) and mandates a joint management plan within 3 years.

Federal Register Open PDF 81 FR 65161

Impact dates

  1. Red crab and American lobster commercial fishing prohibited

  2. Joint management plan due from Secretaries of Commerce and Interior

Key directives

  • Designate Northeast Canyons and Seamounts Marine National Monument
  • Reserve approximately 4,913 square miles of federal waters and submerged lands
  • Secretaries of Commerce and Interior shall share management responsibility
  • Secretary of Commerce through NOAA manages under Magnuson-Stevens, ESA, MMPA
  • Secretary of Interior through FWS manages under National Wildlife Refuge System Administration Act, Refuge Recreation Act, ESA
  • Prepare joint management plan within 3 years
  • Promulgate implementing regulations
  • Consult and involve DOD and State as cooperating agencies
  • Coordinate with State Department for international law compliance
  • Prohibit oil/gas/mineral exploration and development
  • Prohibit commercial fishing except red crab and lobster for 7 years
  • Prohibit use of poisons, electrical charges, explosives for resource collection

Who is ordered

Timeline

Immediate

  • Monument designation takes effect
  • Withdrawal of federal lands from entry, sale, leasing, mining, oil/gas development
  • Prohibitions on most commercial fishing, energy exploration, and resource extraction

Near term (90d)

—

Long term

  • Red crab and American lobster commercial fishing prohibited after 7 years (September 15, 2023)
  • Joint management plan due within 3 years (September 15, 2019)
  • Implementing regulations to be promulgated
  • Ongoing management plan revisions and updates

Risks & tensions

  • 7-year phase-out for red crab and lobster fishing may create political pressure to extend or revoke
  • Dual-management structure between Commerce and Interior could create jurisdictional conflicts
  • International law carve-outs for foreign vessels and warships may limit enforcement
  • U.S. Armed Forces exemption with 'so far as practicable' language creates implementation uncertainty
  • 'Valid existing rights' reservation may generate litigation over scope
  • Monument designation method (Antiquities Act) historically contentious with Congress and affected industries
Proclamation 9496: Northeast Canyons and Seamounts Marine National Monument · Executive Orders