The
Justice Department explains why designation of marine national
monuments is legally sound - in certain locations though not in
others - and ecologically important.
"Establishing a National Monument in the
Territorial Sea or the EEZ." was prepared by Randolph D.
Moss, Asst AG, Office of Legal Counsel U.S. Department of Justice* .
The key legal assertions are summarized at the top of the memo as
follows: (bulletpointed for ease of reading) (see transcription of full report)
"We conclude that the President could use his
authority under the Antiquities Act to establish a national monument
in the Territorial Sea.
* "We also believe the President could establish
a national monument in the EEZ to protect marine resources.
* "We are unconvinced, however, that the
President could establish a national wildlife refuge in either area
based on implied authority rooted in practice.
"Finally, with respect to the management issues,
we believe that
* "Department of the Interior must have
management authority over any national monument, that
*
"The Fish and Wildlife Service cannot share management
responsibilities with another agency over any national wildlife
refuge area within a national monument, that
* "Fishery management plans issued under the
MSFCMA must be consistent with regulations applicable to national
monuments, and that
* * Establishment of a national monument would not
preclude the establishment of a national marine sanctuary in the same
area under the NMSA" [National Marine Sanctuaries Act]"
The above is the opening summary of a much longer
document
whose sections are:
INTRODUCTION Page 1-10
PART 1. Establishing a National Monument under the
Antiquities Act.
(A). The territorial Sea Pg 11.
(B). The Exclusive Economic Zone Pg 16
PART II - ESTABLISHING A NATIONAL WILDLIFE REFUGE Pg 20
PART III MANAGEMENT ISSUES
A. Management of National Monuments Pg 24.
B. Effect of the MSFCMA on Establishment and Management
of National Monuments. Pg 26.
C. Effect of Establishment of a National Monument on the
Secretary of Commerce's Authority to Establish a National Marine
Sanctuary under the NMSA. Pg 27
* Randolph
D. Moss is presently US District Court Judge in the District of
Columbia Court
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