U.S. Fish & Wildlife Service

Marianas Trench

Marine National 

Monument

Northern Islands 

Submerged Lands Transfer 

to the Commonwealth of the 

Northern Mariana Islands

Final Environmental Assessment, 

Finding of No Significant Impact, 

Memorandum of Agreement, and Patent
Marianas Trench 

Marine National Monument

Northern Islands Submerged Lands 

Transfer to the Commonwealth of 

the Northern Mariana Islands 

Final Environmental Assessment

Finding of No Significant Impact, 

Memorandum of Agreement, and Patent

January 2017 

Prepared by the: 

U.S. Department of the Interior 

U.S. Fish and Wildlife Service - Pacific Region 

911 NE 11th Avenue 

Portland, Oregon 97232 

In cooperation with the: 

National Oceanic and Atmospheric Administration 

National Marine Fisheries Service – Pacific Islands Region 

NOAA Inouye Regional Center 

1845 Wasp Blvd., Building 176 

Honolulu, Hawai‘i 96818 

Commonwealth of the Northern Mariana Islands 

Department of Lands and Natural Resources 

P.O. Box 500409 

Saipan, MP 96950 

Commonwealth of the Northern Mariana Islands 

Bureau of Environmental and Coastal Quality 

P.O. Box 501304 

Saipan, MP 96950
 
Finding of No Significant Impact 

FONSI-i 

 
Finding of No Significant Impact 

FONSI-ii 

 
Finding of No Significant Impact 

FONSI-iii 

 
Finding of No Significant Impact 

FONSI-iv 

 
Finding of No Significant Impact 

FONSI-v 

 
Finding of No Significant Impact 

FONSI-vi 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Acronyms/Abbreviations AA-i 

ACRONYMS/ABBREVIATIONS 

Acronym Full Phrase 

ASTM American Society for Testing and Materials 

BECQ Bureau of Environmental and Coastal Quality 

BMP Best Management Practice 

BMUS Bottomfish Management Unit Species 

C Centigrade 

CMUS Crustacean Management Unit Species 

CZMA Coastal Zone Management Act 

CRE-MUS Coral Reef Ecosystem Management Unit Species 

CFR Code of Federal Regulations 

Cm Centimeter 

CNMI Commonwealth of the Northern Mariana Islands 

COTS Crown-of-Thorns Starfish 

CRED Coral Reef Ecosystem Division 

CSLMP CNMI Submerged Lands Management Plan 

DFW Division of Fish and Wildlife 

DLNR Department of Land and Natural Resources 

DoD Department of the Defense 

DOC Department of Commerce 

DOI Department of the Interior 

DPS Distinct population segment 

E East 

EA Environmental Assessment 

EBS Environmental Baseline Survey 

ECOP Environmental Condition of Property 

EEZ Exclusive Economic Zone 

EFH Essential Fish Habitat 

ESA Endangered Species Act of 1969, as amended 

FEP Fishery Ecosystem Plan 

FONSI Finding of No Significant Impact 

Km Kilometer 

LE Law Enforcement 

M Meter 

MARAMP Mariana Archipelago Reef Assessment and Monitoring Program 

MISTCS Mariana Islands Sea Turtle and Cetacean Survey 

MMP Monument Management Plan 

MMPA Marine Mammal Protection Act 

MOA Memorandum of Agreement 

MSA Magnuson-Stevens Fishery Conservation and Management Act 

MTMNM or 

Monument 

Marianas Trench Marine National Monument 

MUS Management Unit Species 

N North 

NEPA National Environmental Policy Act of 1969, as amended 

NHPA National Historic Preservation Act of 1966, as amended 

NISL Northern Islands Submerged Lands 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

AA-ii Acronyms/Abbreviations 

NMFS National Marine Fisheries Service 

nmi Nautical mile(s) 

NOAA National Oceanic and Atmospheric Administration 

NWR National Wildlife Refuge 

NWRS National Wildlife Refuge System 

NWRSAA National Wildlife Refuge System Administration Act 

OLE Office of Law Enforcement 

PIFSC Pacific Island Fisheries Science Center 

PDF Portable Document Format 

PP Presidential Proclamation 

REA Rapid Ecological Assessment 

S South 

SO Secretary’s Order 

TOAD Towed Optical Assessment Device 

TSLA Territorial Submerged Lands Act 

TTPI Trust Territory of the Pacific Islands 

UN United Nations 

US United States 

USC United States Code 

USGS U.S. Geological Survey 

USFWS U.S. Fish and Wildlife Service 

WPRFMC Western Pacific Regional Fishery Management Council 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Table of Contents TOC-i

TABLE OF CONTENTS

FINDING OF NO SIGNIFICANT IMPACT .................................................................... FONSI-1 

ACRONYMS/ABBREVIATIONS........................................................................................... AA-i

TABLE OF CONTENTS ........................................................................................................ TOC-i

CHAPTER 1. PURPOSE AND NEED FOR ACTION.................................................................. 1

1.1 INTRODUCTION .................................................................................................................... 1

1.2 PROPOSED ACTION .............................................................................................................. 3

1.3 PURPOSE AND NEED ............................................................................................................ 4

1.4 RELATED ACTIONS .............................................................................................................. 4

1.4.1 USFWS REFUGE UNIT DESIGNATIONS ................................................................. 4

1.5 DECISION TO BE MADE ....................................................................................................... 5

CHAPTER 2. ALTERNATIVES ................................................................................................... 7

2.1 ALTERNATIVE 1 – CURRENT LAND STATUS (NO ACTION) ....................................... 7

2.2 ALTERNATIVE 2 – NORTHERN ISLANDS SUBMERGED LANDS CONVEYANCE 

(PREFERRED ALTERNATIVE) ............................................................................................ 7

2.3 ALTERNATIVES CONSIDERED BUT EXCLUDED FROM DETAILED PLANNING .. 11

2.4 ISSUES ................................................................................................................................... 11

CHAPTER 3. AFFECTED ENVIRONMENT ............................................................................. 13

3.1 MARIANA ARCHIPELAGO REEF ASSESSMENT AND MONITORING PROGRAM .. 13

3.2 BIOLOGICAL RESOURCES OF THE NORTHERN MARIANA ARCHIPELAGO ......... 14

3.2.1 CORAL REEFS............................................................................................................ 14

3.2.2 OTHER HABITAT TYPES ......................................................................................... 15

3.2.3 FISH ............................................................................................................................. 16

3.2.4 MACROINVERTEBRATES ....................................................................................... 16

3.2.5 MARINE MAMMALS ................................................................................................ 17

3.2.6 SEA TURTLES ............................................................................................................ 19

3.2.7 SEABIRDS ................................................................................................................... 20

3.2.8 THREATENED AND ENDANGERED SPECIES ..................................................... 20

3.2.9 CRITICAL HABITAT ................................................................................................. 21

3.3 CULTURAL RESOURCES OF THE NORTH MARIANA ARCHIPELAGO .................... 21

3.4 THE ISLANDS OF THE NORTH MARIANA ARCHIPELAGO ........................................ 22

3.4.1 FARALLON de PAJAROS .......................................................................................... 22

3.4.2 MAUG .......................................................................................................................... 23

3.4.3 ASUNCION ................................................................................................................. 25

CHAPTER 4. ENVIRONMENTAL CONSEQUENCES ............................................................ 27

4.1 ALTERNATIVE 1: CURRENT LAND STATUS ALTERNATIVE (NO ACTION) .......... 28

4.2 ALTERNATIVE 2 – NORTHERN ISLANDS SUBMERGED LANDS CONVEYANCE 

(PREFERRED ALTERNATIVE) .......................................................................................... 30

4.3 CUMULATIVE EFFECTS .................................................................................................... 32

CHAPTER 5. COORDINATION, CONSULTATION, AND COMPLIANCE .......................... 33

5.1 PUBLIC INVOLVEMENT .................................................................................................... 33

5.2 ENVIRONMENTAL REVIEW AND CONSULTATION .................................................... 33
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

TOC-ii Table of Contents 

5.2.1 NATIONAL ENVIRONMENTAL POLICY ACT ..................................................... 34

5.2.2 NATIONAL HISTORIC PRESERVATION ACT ...................................................... 34

5.2.3 ENDANGERED SPECIES ACT ................................................................................. 34

5.2.4 MARINE MAMMAL PROTECTION ACT ................................................................ 35

5.2.5 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 

LIABILITY ACT ......................................................................................................... 35

5.2.6 COASTAL ZONE MANAGEMENT ACT ................................................................. 35

5.2.7 ESSENTIAL FISH HABITAT..................................................................................... 36

5.2.8 OTHER FEDERAL LAWS, REGULATIONS, AND EXECUTIVE ORDERS ......... 36

5.3 KEY PARTICIPANTS IN THE TRANSFER PROCESS ..................................................... 36

5.3.1 LEADERSHIP TEAM ................................................................................................. 36

5.3.2 COOPERATING AGENCIES’ TEAMS ..................................................................... 36

CHAPTER 6. RESPONSE TO PUBLIC COMMENTS .............................................................. 39

6.1 FUTURE MANAGEMENT OF THE SUBMERGED LANDS ............................................ 39

6.2 RANGE OF ALTERNATIVES .............................................................................................. 39

6.3 ESTABLISHMENT OF THE MARIANA ARC OF FIRE NATIONAL WILDLIFE 

REFUGE ................................................................................................................................. 40

6.4 HISTORIC SHIPWRECKS .................................................................................................... 40

6.5 CORAL SPECIES .................................................................................................................. 41

6.6 MARINE MAMMAL PROTECTION ACT .......................................................................... 41

6.7 USFWS JURISDICTION OF MIGRATORY BIRDS ........................................................... 41

6.8 RESERVED RIGHTS OF THE TRANSFER OF SUBMERGED LANDS ACT (TSLA) ... 42

6.9 COMPLIANCE WITH PRESIDENTIAL PROCLAMATION 8335 .................................... 42

6.10 OLIVE RIDLEY SEA TURTLES ........................................................................................ 42

6.11 ANALYSIS OF IMPACTS .................................................................................................. 43

6.12 CRITICAL HABITAT.......................................................................................................... 43

6.13 NEW SURVEY INFORMATION ....................................................................................... 43

6.14 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 

LIABILITY ACT (CERCLA) ................................................................................................ 44

CHAPTER 7. REFERENCES ...................................................................................................... 45

APPENDIX A. MEMORANDUM OF AGREEMENT ............................................................... 47

APPENDIX B. PATENT .............................................................................................................. 61

APPENDIX C. ENDANGERED SPECIES ACT SECTION 7 CONSULTATION ................... 65

APPENDIX D. ENVIRONMENTAL BASELINE SURVEY ..................................................... 71

APPENDIX E. NATIONAL HISTORIC PRESERVATION ACT COMPLIANCE ................ 111
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 1 

CHAPTER 1. PURPOSE AND NEED FOR ACTION 

1.1 INTRODUCTION 

The Commonwealth of the Northern Mariana Islands is one of six inhabited U.S. territories, and 

one of two territories with "Commonwealth" status, the other is Puerto Rico. Following World 

War II, the Northern Mariana Islands, along with the Marshall, Palau, Yap, Kosrae, Chuuk and 

Pohnpei Islands, were grouped into the Trust Territory of the Pacific Islands (TTPI) by the 

United Nations (U.N.). Under the Trusteeship Agreement with the U.N. Security Council, the 

United States exercised administrative jurisdiction over the TTPI. Following an act of selfdetermination by its voters, the Northern Mariana Islands became a U.S. Commonwealth—the 

Commonwealth of the Northern Mariana Islands (CNMI)—in 1976. The CNMI is a group of 14 

tropical islands located along the Mariana Trench in the North Pacific Ocean. 

The Marianas Trench Marine National Monument (MTMNM or Monument) was established on 

January 6, 2009, by Presidential Proclamation (PP) 8335 which assigned management 

responsibility to the Secretary of the Department of the Interior (DOI) and the Secretary of the 

Department of Commerce (DOC) (Secretaries, collectively). PP 8335 identified three 

management units for the MTMNM: the “Islands Unit” the “Volcanic Unit” and the “Trench 

Unit.” The Secretary of DOI delegated management responsibility of the MTMNM to the U.S. 

Fish and Wildlife Service (USFWS) through Secretary’s Order (SO) No. 3284 and directed that 

the Volcanic Unit and the Trench Unit be managed as part of the National Wildlife Refuge 

System. As a result of that direction, the Service administers the Monument’s Volcanic Unit as 

the Mariana Arc of Fire National Wildlife Refuge. The Secretary of DOC, through the National 

Oceanic and Atmospheric Administration (NOAA), has primary management responsibility for 

fishery related activities in the waters of the MTMNM. 

The MTMNM (see map in Appendix A) consists of approximately 95,216 square miles (246,608 

square kilometers) of submerged lands and waters of the Mariana Archipelago. It includes the 

following three units. 

 The Islands Unit includes the submerged lands (below the mean low water line) and 

waters surrounding the three northernmost Mariana Islands: Farallon de Pajaros, Maug, 

and Asuncion. The Unit is defined by an irregular boundary containing approximately 

12,387 square nautical miles1 (nmi) (See map in Appendix A). The distances from each 

island to the nearest point on the Islands Unit boundary follow: Asuncion Island 20 nmi 

southerly; Maug Islands 31 nmi southwesterly; and Farallon de Pajaros 34 nmi 

southwesterly.

 The Volcanic Unit/Arc of Fire National Wildlife Refuge (NWR) includes only the 

submerged lands within one (1) nmi radius of 21 designated submerged volcanic sites. 

Three of these sites—Maug, Ahyi, and Daikoku, are also within the boundary of the 

 

1 A nautical mile (nmi) is a unit of distance used on ocean and coastal waters that is approximately one minute of arc measured 

along any meridian. By international agreement, it has been set at 1,852 meters exactly or 1.15078 statute miles. 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

2 Final Environmental Assessment 

Islands Unit. Therefore, for the purpose of this Environmental Assessment (EA), the 

three sites are within the Islands Unit, and the Volcanic Unit encompasses 18 submerged 

volcanic sites. 

 The Trench Unit/Marianas Trench NWR includes only the submerged lands extending 

from the northern limit of the Exclusive Economic Zone (EEZ) of the United States in the 

CNMI to the southern limit of the EEZ of the United States in the Territory of Guam. 

The CNMI Government maintains all authority for managing the emergent lands on the islands 

of Farallon de Pajaros, Maug, and Asuncion above the mean low water line. These three islands 

are part of a protected reserve established in 1985 by an amendment to Article XIV of the CNMI 

Constitution that states: “The islands of Maug, Uracas, Asuncion, Guguan and other islands 

specified by law shall be maintained as uninhabited places and used only for the preservation 

and protection of natural resources, including but not limited to bird, wildlife and plant species.” 

The reserve is managed by the CNMI Division of Fish and Wildlife (DFW). 

In 1974, the U.S. Congress passed the Territorial Submerged Lands Act (Public Law 93-435) 

(TSLA), which conveyed all right, title, and interest of the United States in submerged lands 

three (3) geographical miles distant from the coastlines of the U.S. island territories to the 

governments of Guam, the Virgin Islands, and American Samoa—the U.S. island territories in 

existence at that time. This law predates CNMI establishment, thus submerged lands around the 

Northern Mariana Islands were not addressed. 

On September 18, 2013, Public Law 113-34 amended Public Law 93-435, to provide CNMI 

parity with the other U.S. island territories, by providing for the conveyance from the United 

States to the CNMI Government, the submerged lands and associated mineral rights located 

between the line of mean high tide and a line located three (3) geographical miles seaward from 

the coastlines of the CNMI, and permanently or periodically covered by tidal waters. 

While Public Laws 93-435 and 113-34 refer to “geographical” miles rather than “nautical” miles, 

they are, in fact, synonymous, being a unit of measure derived from the length of an arc-minute 

of the earth's meridian. Historically, due to varying estimates of the size of the earth, different 

values have been used by different nations. Beginning on July 1, 1954, the Departments of 

Commerce and Defense jointly adopted the International Nautical Mile of 1,852 meters as the 

standard definition of the nautical mile2. All mileage references in this document will be 

“nautical” miles which is the International Nautical Mile.

On January 15, 2014, PP 9077 excepted from the conveyance of submerged lands from the 

United States to CNMI, the submerged lands adjacent to the islands of Farallon de Pajaros, 

Maug, and Asuncion until the Secretaries and the CNMI Government enter into an agreement for 

coordination of management that ensures the protection of MTMNM within the conveyed area. 

 

2 "Weights and Measures Standards of the United States, a Brief History" National Bureau of Standards Special 

Publication 447, Updated March 1976
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 3 

The Secretaries and the Governor of CNMI (the Signatories) subsequently developed a 

Memorandum of Agreement (MOA) to establish the terms and conditions for the coordination of 

management of the excepted submerged lands that was required to initiate the process for their 

conveyance. The Signatories further agreed to develop and implement coordinated resource 

management for the long-term comprehensive conservation and protection of the excepted 

submerged lands in a manner consistent with the protection of MTMNM resources as set forth in 

PP 8335 and provisions of the TSLA (48 U.S.C. §1706). 

Figure 1. Tidal Baseline of the Excepted Submerged Lands Proposed for Transfer to CNMI. 

CNMI owns the Farallon de Pajaros, Maug, and Asuncion Islands’ uplands; and, the three islands’ inter-tidal areas 

between the Mean High and Mean Low Water Lines were transferred to CNMI in 2014 in an amendment to the 

Territorial Submerged Lands Act. The excepted submerged lands proposed for transfer to CNMI are adjacent to the 

three islands and include lands permanently covered by tidal waters up to but not above the mean low water line 

and seaward to a line three miles distant from the mean high tide line of each island. The Monument extends from 

the Mean Low Water Line around each island seaward to 50 nmi.

1.2 PROPOSED ACTION 

DOI proposes to 1) enter into the MOA to ensure that management of the excepted submerged 

lands is consistent with PP 8335, and 2) convey submerged lands and associated mineral rights 

of the United States to the CNMI Government, via a proposed patent with a reserved easement. 

The excepted submerged lands are adjacent to the islands of Farallon de Pajaros (Uracas), Maug, 

and Asuncion, which include lands permanently covered by tidal waters up to but not above the 

mean low water line and seaward to a line three (3) miles distant from the mean high tide line of 

each of these islands, which were included in the Monument, established by PP 8335 of January 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

4 Final Environmental Assessment 

6, 2009, pursuant to Section 2 of the Antiquities Act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 

431) (see Figure 1 and the maps in Appendix A). This area, which includes the submerged lands 

within the Maug caldera, is referred to as the Northern Islands Submerged Lands (NISL) in this 

EA. The NISL encompasses approximately 171 square miles. 

PP 8335 provides that the Secretaries shall not allow or permit any appropriation, injury, 

destruction, or removal of any feature of the MTMNM, except as provided for by PP 8335, or as 

otherwise provided for by law. 

In this EA, the USFWS identifies the purpose and need for the conveyance, describes two 

alternative courses of action, and analyzes the consequences of those alternatives. This EA was 

prepared in compliance with the National Environmental Policy Act of 1969 (NEPA), as 

amended (42 U.S.C. 4321 et seq.). 

1.3 PURPOSE AND NEED 

The purpose of the proposed action is to complete the conveyance of submerged lands and 

associated mineral rights adjacent to the islands of Farallon de Pajaros, Maug, and Asunción to 

CNMI, under terms and conditions that ensure they are managed in a manner consistent with the 

protection of MTMNM resources as set forth in PP 8335. 

The proposed action is needed because on January 15, 2014, pursuant to section 1(b)(vii) of 

Public Law 93-435, as amended by Public Law 113-34, PP 9077 excepted from the conveyance 

of submerged lands from the United States to CNMI, the submerged lands adjacent to the islands 

of Farallon de Pajaros, Maug, and Asuncion permanently covered by tidal waters up to the mean 

low water line and extending three (3) miles (~5.56 kilometers [km]) seaward from the mean 

high tide line. PP 9077 provided that the submerged lands adjacent to the islands of Farallon de 

Pajaros, Maug, and Asuncion could be conveyed to CNMI under the provisions of the TSLA 

after the Secretaries and the CNMI Government enter into an agreement for coordination of 

management that ensures the protection of the MTMNM within the conveyed area. 

1.4 RELATED ACTIONS 

The conveyance of submerged lands not excepted by PP 9077 was effective by operation of the 

TSLA as amended, on January 16, 2014, and the mineral rights associated with those submerged 

lands were conveyed by Patent signed March 13, 2014, and accepted by the Governor of CNMI 

on March 27, 2014. 

1.4.1 USFWS REFUGE UNIT DESIGNATIONS 

On September 25, 2014, the USFWS corrected its interpretation of SO No. 3284 and clarified 

that three (3) underwater volcanoes or seamounts of the Volcanic Unit of the MTMNM: 

Daikoku, Ahyi, and Maug, were not included within the National Wildlife Refuge System 

(NWRS). These volcanoes were originally given refuge status as part of the Volcanic Unit of the 

MTMNM, as specified by SO No. 3284. However, it was determined that they also occur within 

the boundary of the Islands Unit, which according to SO No. 3284, is not to be managed as a unit 

of the NWRS. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 5 

While the Daikoku, Ahyi, and Maug volcanoes are not part of the NWRS, they continue to be 

managed by the USFWS and protected as part of the MTMNM. The National Wildlife Refuge 

System Administration Act (NWRSAA) applies to the remainder of the Volcanic Unit/Arc of 

Fire NWR and the Trench Unit/Marianas Trench NWR, and as such, the USFWS retains the 

authority to regulate activities within these MTMNM Units pursuant to the authority of the 

NWRSAA, PP 8335, SO 3284, and 16 U.S.C. 460k-3. 

1.5 DECISION TO BE MADE 

Based on the analysis documented in this EA, DOI, in consultation with DOC, will determine 

whether to convey the NISL to the CNMI Government via a patent, or retain the submerged 

lands as properties of the United States. 

DOI and DOC will determine whether the MOA satisfies the PP 9077 requirement for an 

agreement “for the coordination of management that ensures the protection of the marine 

national monument within the excepted area,” and if so, whether the conveyance should be 

initiated. Should a transfer decision be made, this EA will inform the decision whether a Finding 

of No Significant Impact (FONSI) can be reached. Any FONSI would identify the alternative 

selected for implementation and the rationale behind the decision. A decision to transfer would 

be subject to a 60-day Notice/Congressional review period as required by the Territorial 

Submerged Lands Act, 48 USC 1705(c). After the Congressional review period, unless directed 

differently by Congress, the selected alternative would be implemented. If a FONSI cannot be 

reached, an Environmental Impact Statement would be prepared. 

The decision-maker for this EA is the USFWS Regional Director for the Pacific Region, 

delegated under authority of Secretary’s Order 3284. The decision-maker for the conveyance of 

the patent is the DOI Secretary. DOC–NOAA and the government of CNMI are cooperating 

agencies. As a cooperating agency, NOAA will independently review the EA and determine 

whether to adopt it prior to signing the MOA. 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

6 Final Environmental Assessment 

This document continues on next page. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 7 

CHAPTER 2. ALTERNATIVES 

Two alternatives are being considered: retaining the NISL and associated mineral rights as 

properties of the U.S. Government, or conveying the NISL and associated mineral rights to the 

Government of the CNMI. 

2.1 ALTERNATIVE 1 – CURRENT LAND STATUS (NO ACTION) 

Under Alternative 1, the Current Land Status Alternative (No Action), the United States would 

not convey the NISL and associated mineral rights to CNMI. Under the No Action Alternative, 

the USFWS and NOAA would continue to coordinate their management of the submerged lands, 

associated waters, and fishery-related activities of the Islands Unit, in consultation with CNMI, 

per the directives of PP 8335, and would implement activities to address priority management 

needs based on agency-specific authorities and an integrated management plan. 

Subject to such terms and conditions as DOI deems necessary for the care and management of 

the objects of the MTMNM, DOI would continue to have management responsibility for the 

NISL, in consultation with DOC, except that DOC would continue to have the primary 

management responsibility, in consultation with DOI, with respect to fishery-related activities 

regulated pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1801 et seq.) (MSA); and any other applicable authorities. The Secretaries would not 

allow or permit any appropriation, injury, destruction, or removal of any feature of the NISL 

except as provided for by PP 8335 or as otherwise provided for by law. 

The Secretaries would take appropriate action pursuant to their respective authorities under the 

Antiquities Act and the MSA, and such other authorities as may be available to implement PP 

8335, to regulate fisheries, and to ensure proper care and management of the NISL. The 

Secretaries would continue to permit scientific research and exploration within the Monument as 

per their respective authorities and management responsibilities. 

DOC would continue to prohibit commercial fishing within the NISL. Subject to such terms and 

conditions as DOC deems necessary for the care and management of the objects of the Islands 

Unit, including the NISL, DOC would ensure, consistent with Executive Order 12962, that 

sustenance, recreational, and traditional indigenous fishing be managed as a sustainable activity 

consistent with other applicable law. With respect to traditional indigenous fishing, the 

Secretaries would consider any determination made by the CNMI Government concerning 

customary practices in the NISL. 

2.2 ALTERNATIVE 2 – NORTHERN ISLANDS SUBMERGED LANDS CONVEYANCE 

(PREFERRED ALTERNATIVE) 

Under Alternative 2, our preferred alternative (or Northern Islands Submerged Lands 

Conveyance alternative), DOI by patent with a reserved easement, would convey ownership of 

the NISL to the CNMI Government. Subject to those powers, rights, and interests reserved in the 

United States under the TSLA, primary management responsibility would then rest in CNMI 

within the 0-3 miles including for the benthic resources, the living marine resources of the 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

8 Final Environmental Assessment 

associated water column, and associated mineral rights within and subterranean of the NISL. 

Upon conveyance by the United States of the NISL to CNMI and pursuant to the MOA, the 

USFWS and NOAA would continue management responsibilities for the conveyed submerged 

lands, in consultation with the CNMI Government, until such time that the CNMI Government 

notifies the Secretaries in writing of its intent to assume either all or a portion of the management 

responsibilities of the conveyed submerged lands, and the effective date of such assumption. 

During this interim period, USFWS and NOAA would continue to consult with the CNMI 

Government on management of the conveyed submerged lands. 

Upon assuming such management responsibilities, and in coordination with USFWS and NOAA, 

CNMI would manage the NISL consistent with the purposes and requirements of PP 8335 and 

PP 9077, the Commonwealth Constitution, and other applicable laws. DOI would reserve an 

easement for the United States to ensure that the MTMNM resources are forever maintained 

consistent with PP 8335 and PP 9077. 

The proposed action consists of the following two interrelated actions. 

1. The Secretaries and the CNMI Government would develop and sign a MOA that 

establishes the terms and conditions for the coordination of management of the NISL. 

Such coordination would include CNMI coordinating their management within their 

NISL area of jurisdiction with the USFWS and NMFS’s respective areas of jurisdiction; 

and USFWS and NMFS coordinating the management of their respective authorities of 

jurisdiction in the 3 to 50 miles (~5.6 to ~92.6 km) area beyond the NISL with each other 

and CNMI, consistent with PP 8335. 

2. DOI would develop a patent with a reserved easement that requires management of the 

NISL consistent with PP 8335. 

The MOA does not constitute a financial obligation on any party. The Monument’s Management 

Officials would manage and use their own funds in carrying out the responsibilities of the MOA. 

While there are no funding arrangements or agreements associated with the proposed submerged 

lands transfer, there are several federal funding opportunities including grants and other 

programs available through the USFWS, NOAA and other agencies. Each funding source has its 

own purposes, requirements and restrictions. Any future expedition of federal grant funds to 

support conservation, management, and enforcement in the NISL would be subject to separate 

analysis under NEPA, as appropriate, when project details are known. 

Following conveyance of the NISL, the MOA establishes the principles for the future 

coordination of management of the NISL which would: 

 preserve and protect natural resources, including, but not limited to bird, wildlife, and 

plant species as required by section 2 of Article XIV of the Commonwealth Constitution; 

 recognize that the Monument is a place of maritime cultural significance for the 

Chamorro and Carolinian residents with cultural connections throughout the Mariana 

Islands by managing, to the extent compatible with the conservation and management 

goals of PP 8335, the Monument resources within the NISL in a manner that honors the 

unique heritage of the indigenous cultures; 

 provide protections for resources when there is uncertainty regarding impacts of activities 

that are to be permitted in the NISL; 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 9 

 prohibit the appropriation, injury, destruction, or removal of any Monument object or 

resource within the NISL, except as may be allowed under PP 8335; 

 permit scientific exploration and research within the Monument in a manner consistent 

with PP 8335; 

 permit sustenance, recreational, and traditional indigenous fishing in a sustainable fashion 

consistent with PP 8335 and applicable CNMI and Federal laws; 

 prohibit commercial fishing and mineral extraction; 

 adopt best practices for an adaptive management approach that incorporates conservation 

management strategies, scientific principles, and traditional ecological knowledge; 

 consider scientific exploration, research advances, and technology to learn about and 

develop greater understanding of the Monument objects and resources; 

 enhance public appreciation of the unique character and environment of the Monument, 

and promote conservation management through outreach and education activities; 

 establish effective monitoring of and enforcement for permitted activities; 

 allow for innocent passage in the NISL and not restrict navigation, overflight, and other 

internationally recognized lawful uses of the sea; and 

 maintain consistency with provisions of PP 8335 regarding actions of the Armed Forces 

and international law. 

The patent would reserve to the United States an easement in perpetuity to ensure that the NISL, 

and the resources associated with such lands are forever managed and maintained for the 

protection of the Monument or other federal conservation status, unless such conservation status 

is withdrawn by an Act of Congress. The United States and CNMI would be bound by the terms 

of the easement which stipulates that the NISL would be maintained by the Government of 

CNMI consistent with the Monument or other federal conservation status of adjacent federal 

submerged lands. Under the present conservation status, the Government of the CNMI shall not 

authorize or allow commercial fishing or development on such lands or in the navigable waters 

overlaying such lands. 

Nothing in the easement would limit the rights of the CNMI Government to manage sustenance, 

recreational, and traditional indigenous fishing within the NISL as a sustainable activity in 

accordance with PP 8335 or conduct or authorize to undertake bona fide scientific research, nor 

would it limit the rights of CNMI, DOI, and DOC for coordination of their respective 

management as set forth in the MOA. Nothing in the conveyance or easement would limit the 

establishment of naval defense sea areas and airspace reservations; navigation, flood control, 

power production; the reserved rights, navigational servitude, and powers of regulation; and 

control of the United States; and the status of lands beyond the three-mile limit; as set forth in the 

TSLA, or other applicable federal law. In addition, nothing in the easement would require the 

Government of CNMI to manage or maintain a more protective conservation regime with respect 

to the NISL and associated natural resources than that regime authorized by applicable federal 

law for the adjacent federal submerged lands and associated natural resources. 

Upon conveyance of the NISL, CNMI would have ownership of the submerged lands, and 

various rights with respect to the associated waters, and the Monument resources contained 

therein, which would be managed consistent with PP 8335. Although primary management 

responsibility is vested in CNMI, the United States through its reserved rights and powers 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

10 Final Environmental Assessment 

described in the TSLA, 48 U.S.C. §1706, the MOA, and the reserved easement within the patent 

would continue to ensure the protection of Monument resources within the NISL. In addition, the 

Secretaries would take appropriate actions to protect Monument resources under existing nonplace-based authorities including but not limited to, the Endangered Species Act and the Marine 

Mammal Protection Act. 

Under Alternative 2, the United States would retain all of its navigational servitude and rights in 

and powers of regulation and control of the NISL and the navigable waters overlying such lands, 

for the constitutional purposes of commerce, navigation, national defense, and international 

affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights 

of ownership, or the rights of management, administration, leasing, use, and development of the 

natural resources as provided by 48 USC § 1706. 

As directed by PP 8335, NOAA and USFWS are working to complete a Monument Management 

Plan (MMP) for the proper care and management of the objects identified in PP 8335. The 

CNMI Government is participating as a cooperating agency in developing the plan. The 

Secretaries of Commerce and the Interior would incorporate into the MMP provisions for 

coordination of management in protecting the coral reef ecosystems and related marine, cultural 

and historic resources, and objects of historic or scientific interest of the Monument. 

Consistent with PP 8335, the MMP would, as appropriate, provide for: 

 management of the Islands Unit, in consultation with the CNMI, including designation of 

specific roles and responsibilities and the means for consultations on management 

decisions as appropriate, consistent with the respective authorities of the CNMI 

Government and the Secretaries of Commerce and the Interior; 

 public education and outreach programs about coral reef ecosystems and other 

Monument resources and species, and efforts to conserve them; 

 traditional access by indigenous persons for culturally significant subsistence, cultural, 

and religious purposes; 

 a program to assess and promote Monument-related scientific exploration and research, 

tourism, and recreational and economic activities and opportunities in the CNMI; 

 a mechanism to permit noncommercial fishing as a sustainable activity consistent with 

the purposes, terms, and objectives of PP 8335, upon consideration of the best scientific 

information available; and 

 programs for monitoring and enforcement to ensure scientific exploration and research, 

tourism, and recreational and economic activities do not degrade Monument coral reef 

ecosystems or related marine resources and species, or diminish its natural character. 

The MMP and its implementing regulations would impose no restrictions on innocent passage in 

the territorial sea or otherwise restrict navigation, overflight, and other internationally recognized 

lawful uses of the sea, and would incorporate the provisions of PP 8335 and PP 9097 regarding 

Armed Forces actions and compliance with international law and would also specifically 

acknowledge 48 USC 1706 reserved rights. The MMP would be subject to additional NEPA 

compliance, including the development of a separate EA or Environmental Impact Statement, as 

appropriate. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 11 

2.3 ALTERNATIVES CONSIDERED BUT EXCLUDED FROM DETAILED PLANNING 

No alternatives were considered but excluded from detailed planning. PP 9097 requires in order 

for the land to be subsequently conveyed that the Secretaries and the CNMI Government first 

enter into an agreement for coordination of management that ensures the protection of the 

MTMNM within the conveyed area. 

2.4 ISSUES 

The issues that have been identified by the USFWS to be important in the decision making 

process are biological and social in nature. Negligible impacts are expected to the physical 

resources such as air and water quality, climate patterns, or minerals because the proposed action 

would ensure that the conveyed submerged lands are not physically altered and are managed 

consistently with the Proclamation. No economic impacts are expected as commercial activities 

such as commercial fishing and mining are currently banned and would remain banned within 

the NISL. 

The issues addressed in this EA include potential impacts to species listed as threatened or 

endangered under the Federal Endangered Species Act, other biological resources, activities and 

exercises of the Armed Forces (including those carried out by the United States Coast Guard), 

and on the traditional uses within the NISL. 

 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

12 Final Environmental Assessment 

This document continues on the next page. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 13 

CHAPTER 3. AFFECTED ENVIRONMENT 

This section provides an overview of marine and cultural resources within the northern Mariana 

Archipelago and a discussion of the marine conditions around the three islands: Farallon de 

Pajaros, Maug, and Asuncion. Only those conditions relevant to the proposed alternatives are 

discussed. Much of the information presented in this section is derived from reports generated by 

Mariana Archipelago Reef Assessment and Monitoring Program (MARAMP) by NOAA’s Coral 

Reef Ecosystem Division (CRED), which is discussed below. 

3.1 MARIANA ARCHIPELAGO REEF ASSESSMENT AND MONITORING 

PROGRAM 

One of the few data sources about coral reef ecosystems in the northern islands comes from the 

NOAA Pacific Island Fisheries Science Center’s (PIFSC) MARAMP cruises that occurred in 

2003, 2005, 2007, 2009, 2011, and 2014. Although surveys have been conducted around each of 

the three islands in the Islands Unit, survey coverage varied based on cruise schedules and island 

accessibility. 

Biological, physical, and chemical surveys were conducted to document the conditions and 

processes influencing the coral reef ecosystems around the islands of the Mariana Archipelago. 

This program was the first in-depth survey of subsurface biological conditions conducted of the 

archipelago. Prior to these surveys, little or no information was available about the marine 

habitats or species composition, distribution, and abundance. 

Figure 2. The Mariana Archipelago Brainard et al. 2012 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

14 Final Environmental Assessment 

Benthic habitat mapping data were collected using multibeam sonar surveys. Data on the 

condition, abundance, diversity, and distribution of biological communities and on offshore reefs 

around the three islands was collected using towed-diver, Rapid Ecological Assessment (REA), 

and towed optical assessment device (TOAD) surveys. 

Towed-diver surveys generate a broad overview of substrate types and associated large-fish and 

benthic communities. REA surveys were carried out at selected forereef locations and produce 

more detailed, site-specific information. TOAD surveys and a subset of towed-diver-survey data 

were used to characterize the marine habitats. 

Results of the 2003 to 2007 surveys were compiled in the report: Coral Reef Ecosystem 

Monitoring Report of the Mariana Archipelago: 2003–2007 (Brainard et al. 2012). The report is 

available online at: www.pifsc.noaa.gov/cred/coral_reef_ecosystem_monitoring_reports.php#sp12-01. Refer to that document for a detailed discussion of what is summarized in this section of 

the EA. Unless otherwise attributed; all information in this section is from that report. 

3.2 BIOLOGICAL RESOURCES OF THE NORTHERN MARIANA ARCHIPELAGO 

Farallon de Pajaros, Maug, and Asuncion are the northern most islands of the Mariana 

Archipelago. The Archipelago formed within the last 5 million years by the subduction of the 

Pacific Plate under the Philippine Plate at the Mariana Trench, which is from 80-130 miles (130 

to 210 kilometers [km]) east of the Archipelago. The islands are active or dormant 

stratovolcanoes. 

The seafloor and land are characterized by moderate to steep slopes, which have been shaped by 

periodic explosive eruptions and landslides. The steep onshore and offshore slopes, narrow 

ridges, and few offshore terraces, result in total potential reef areas that are much smaller relative 

to the southern islands of the archipelago. 

Visits to the Islands Unit in recent decades have been limited, and occurred mostly for research 

or for fishing. A primary reason for minimal human presence on these islands is their distance 

from major population centers and the travel costs. The biological communities within the 

Islands Unit remain relatively pristine due to minimal human presence in the area. Data collected 

from research cruises conducted in the Islands Unit indicate the marine resources there are 

diverse, include several federally protected species, and contain healthy ecosystems dominated 

by the presence of apex-predators such as sharks. 

3.2.1 CORAL REEFS 

Coral reef habitats are the building blocks of many marine coastal ecosystems. Found in the 

upper portions of the world’s ocean where light is able to penetrate, coral reefs create habitat for 

a vast number of marine species. 

The amount of coral reef found in the Mariana Archipelago and Guam depends on how coral reef 

ecosystems are described. Defining reef habitat as the hard-bottom substratum adjacent to the 

coastlines from the depths of 0 to 330 feet (0 to 100 meters), Hunter (1995) estimated the total 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 15 

coral reef area in the Mariana Archipelago and Guam to be 293 square miles (mi2) (758 square 

kilometers [km2

]). Based on the Rohmann et al. (2005) definition of a tropical coral ecosystem as 

benthic habitats that include unconsolidated sediments, mangrove, submerged vegetation, and 

uncolonized hardbottom, the coral reef ecosystem in Guam and the Mariana Archipelago inside 

the 100 fathom curve was estimated to be 290 mi2

 (750 km2), of which 55.4 square miles (143.5 

km2) is present around the northern volcanic islands of the CNMI. 

The coral coverage disparity between the older southern, limestone covered islands of Aguijan, 

Farallon de Mendinilla, Saipan, Rota, Tinian, and Guam; and the younger, northern volcanic 

islands of Farrallon de Pajaros, Maug, Asuncion, Argihan, Pagan, Alamagan, Guguan, Sarigan, 

and Anatahan, is largely due to volcanic activity and the relatively recent formation of the 

northern islands. Among the northern islands, coral diversity also varies significantly, with 

greater diversity around Maug and Asuncion (29 genera) than around Farrallon de Pajaros (17 

genera). 

Three coral species, all listed as Threatened under the ESA, are known to occur in the waters of 

the CNMI: needle coral (Seriatopora aculeata), Acropora globiceps, and blunt coral (Acropora 

retusa), though their abundance, distribution, and health in the NISL is not well understood. 

These species are subject to bleaching, disease, and loss of coral reef habitat, as are all coral 

species. Corals in the genus Acropora are particular susceptible to crown-of-thorns starfish 

(COTS) predation. 

Historically, the overall condition of the corals in the northern islands was better than that of the 

southern islands, likely due to less anthropogenic influence. However, a thermal stress anomaly 

was centered over the northern islands in the summer of 2014, resulting in severe and widespread 

bleaching (CNMI BECQ; Heron et al. 2016). The full impacts of this bleaching event have yet to 

be determined due to the difficulty accessing the remote islands. 

3.2.2 OTHER HABITAT TYPES 

In addition to coral reef habitats, other substrates, or surfaces upon which a plant or animal can 

live such as sand, rock, and sea grass, are also important components of the tropical and 

subtropical benthic marine environments. Benthic refers to anything associated with or occurring 

on the bottom of a body of water, in this case the ocean bottom. Benthic habitats are particularly 

important in the Islands Unit because coral cover is relatively sparse. MARAMP habitat surveys 

found varying amounts of sand, macroalgae, and crustose coralline algae around the islands of 

Farallon de Pajaros, Maug, and Asuncion. 

Macroalgae is an important constituent of marine habitats, as it is a major food source for many 

herbivorous fish. Macroalgae comprised a significant portion of the benthic substrate at both 

Maug and Asuncion (>12%), but is much less common (<4%) at Farallon de Pajaros. Although 

there was a significant difference in diversity, the most common species at all three islands were 

the brown algae Lobophora and the green algae Halimeda. 

Other important habitat types described in MARAMP surveys are sand and coralline algae. Sand 

cover was highly variable, making up the entire habitat in some sites and absent from others. 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

16 Final Environmental Assessment 

Regardless, sand cover was generally present in the highest percentages on the outer flanks and 

shelves on the southeast sides of the islands. Across all MARAMP surveys, crustose coralline 

algae cover averaged 8% of the substrate, and existed in highest concentrations on the south and 

west sides of the islands. 

3.2.3 FISH 

Coral reefs and other benthic substrates of the Islands Unit are important habitats for a variety of 

fish species. The reef fish found around the Mariana Archipelago are representative of the wider 

Indo-Pacific fauna and the majority of species are widespread throughout the Indo-Pacific region 

(Myers 1988). 

A total of 946 reef fish species are known to exist across the Mariana Archipelago, but only 427 

species have been documented in the northern islands (Donaldson et al. 1994). The most 

common reef fish families in the northern islands are tangs, damsels, wrasses, and butterfly fish 

(Amesbury and Coleson 1996). Although species diversity is lower in the northern islands 

compared to the southern islands, MARAMP surveys show that biomass, or the total mass of 

living matter within an environment, is much greater. Total fish biomass across all trophic levels 

was three times greater off the northern islands than off the southern islands, and the biomass of 

large predators was found to be thirteen times greater. 

Typical of many isolated islands and atolls, the number and sizes of apex-predators per unit area 

is much higher in the Islands Unit than in the waters around the inhabited southern islands. Large 

numbers of apex predators indicate a naturally flourishing ecosystem at every trophic level in the 

food chain. Sharks, snappers, and jacks are found in abundance around the islands of Farallon de 

Pajaros, Maug, and Asuncion. By comparison, the majority of fish around the southern islands 

are small reef-associated fish such as damselfish, surgeonfish, and parrotfish, while medium and 

large fish including apex predators are uncommon. 

3.2.4 MACROINVERTEBRATES

Macroinvertebrate fauna, such as clams, sea cucumbers, and sea urchins, is quite diverse across 

the entire Mariana Archipelago, with over 500 species of marine mollusks (e.g., squid, octopus, 

clams, scallops, sea snails), 119 species of crustaceans (e.g. crabs, crayfish, shrimp, krill and 

barnacles), and 15 species of echinoderms (e.g., sea stars, sea urchins, sea cucumbers) 

(WPRFMC 1997). 

Macroinvertebrates exist in relatively low numbers across the Islands Unit, compared to the 

abundance around the other islands in the Mariana Archipelago. However, the macroinvertebrate 

fauna around Maug is typical of the macroinvertebrate composite in Indo-Pacific waters. Giant 

clams occur in abundance along the southern coast of Maug. 

During a 1977 study, a total of 130 different macroinvertebrate species were documented in the 

Islands Unit, including 64 gastropod and 21 echinoderm species (Eldredge 1977). In a later study 

by Eldredge (1983), sea urchins, crabs, gastropods, and abalone were documented in varying 

abundances around the islands of Agrihan, Farrallon de Pajaros, Anatahan and Asuncion. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 17 

3.2.5 MARINE MAMMALS 

All marine mammals are protected in U.S. waters by the Marine Mammal Protection Act of 1972 

(MMPA), and some species receive additional protection under the Endangered Species Act of 

1969, as amended (ESA). The ESA-listed marine mammals that may occur in the Mariana 

Archipelago are the sperm whale (Physeter macrocephalus), humpback whale (Megaptera 

novaeangliae), sei whale (Balaenoptera borealis), blue whale (Balaenoptera musculus), and fin 

whale (Balaenoptera physalus). 

Sperm whales are widely distributed in the global ocean. In the Pacific Ocean sperm whales are 

divided into three stocks. The stock that occurs in the Mariana Archipelago is part of the Asian 

stock (Tillman 1977). Based on extrapolations from research on local populations, the best 

estimate for the world-wide population of sperm whales is between 200,000 and 1,500,000 

(NMFS 2010a). Estimates for the number of sperm whales that occur in the Mariana Archipelago 

are unavailable. 

The North Pacific population of the humpback whale is divided into several stocks depending on 

where the winter grounds are located. The stock that occurs in the Mariana Archipelago is part of 

the Western Pacific stock that migrates into the region every winter (NMFS 1991). However, 

information on the number of humpbacks that winter in the Mariana Archipelago on an annual 

basis is unavailable. 

Although sei whales are distributed throughout the world’s oceans they are one of the least 

studied whale species, therefore, data is limited. NMFS recognizes two stocks of sei whales in 

the Pacific; the Eastern North Pacific and the Hawaiian (NMFS 2011). Because of the limited 

amount of data, there are no reliable population estimates for sei whales, and no estimates for the 

number of whales that might visit the Marianas during the year. 

Blue whales are a cosmopolitan species of baleen whales with multiple stocks and three 

subspecies. They are the largest animals ever known to have lived on Earth. Their populations 

were severely depleted by commercial whaling during the mid-twentieth century. Although there 

is evidence that the population along the California coast is increasing, there is no reliable 

estimate of blue whale abundance in the North Pacific and no estimates for the number of whales 

that might visit the Marianas during the year (NMFS 1998). 

Fin whales, the second-largest species of whale, are widely distributed in the world’s oceans. Fin 

whales in U.S. waters are divided into four stocks: Alaska (Northeast Pacific), 

California/Oregon/Washington, western north Atlantic, and Hawaii, which includes the islands 

of the northern Mariana archipelago. Populations were also impacted by commercial whaling, 

but as with other whale species, there is some indication the population may be increasing in 

certain locations (NMFS 2010b). As with the other whale species, there is no reliable population 

estimate of fin whales off the Northern Mariana Islands. 

There are several other marine mammals that have been recorded in the Mariana Archipelago 

that are not listed under the ESA, but are protected under the MMPA. Some of these species are 

residents of the archipelago, while others are seasonal visitors or merely transit through the area. 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

18 Final Environmental Assessment 

Whale species not protected by the ESA that have been documented in the Mariana Archipelago 

include: short-finned pilot whales (Globicephala macrorhynchus), pygmy killer whales (Feresa 

attenuata), Bryde’s whales (Balaenoptra ednei), Cuvier’s beaked whales (Ziphius cavirostris), 

melon-headed whales (Peponocephala electra), pygmy sperm whales (Kogia breviceps), and 

dwarf sperm whales (Kogia sima). 

Other cetaceans that have been encountered in the archipelago include several dolphin species 

including spinner dolphins (Stenella longirostris), bottlenose dolphins (Tursiops truncatus), 

pantropical spotted dolphins (Stenella attenuata), striped dolphins (Stenella coeruleoalba), 

Risso’s dolphins (Grampus griseus), and rough-toothed dolphins (Steno bredanensis) (Fulling et 

al. 2011). Reported encounters typically come from chance encounters or from stranding reports. 

There have been only a limited number of marine mammal surveys in the Mariana Archipelago. 

Most of these efforts have come from the Department of Defense (DoD) or NOAA’s National 

Marine Fisheries Service (NMFS). One of the first, and most complete marine mammal surveys 

was the Mariana Islands Sea Turtle and Cetacean Survey (MISTCS), which was funded by DoD. 

This survey, conducted from January to April 2007, covered over 6,850 miles (11,033 km) of 

trackline, which resulted in 153 total sightings of 13 different species. The most frequently 

sighted species were the sperm whale (n=23), followed by Bryde’s whale (n=18) and sei whales 

(n=16) (Fulling 2007). 

Subsequent to the 2007 surveys, both the Navy and PIFSC have conducted numerous surveys 

around Guam and the islands of the CNMI. From 2010 to 2012, PIFSC spent 75 days surveying 

cetaceans around the Mariana Archipelago. Although confined primarily to the southern islands, 

and to those areas accessible by small vessels, these surveys provide the most complete record of 

cetacean species found in the archipelago to date. Ninety-five cetacean groups were documented 

including: spinner dolphins, bottlenose dolphins, pantropical spotted dolphins, short-finned pilot 

whales, pygmy killer whales, sperm whales, and dwarf sperm whale. The most common cetacean 

Short-finned pilot whale. NOAA 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 19 

species recorded was the spinner dolphin, which accounted for 55% of the total number of 

encounters. The next most common species were the pantropical spotted dolphin, the shortfinned pilot whales, and the bottlenose dolphin (PIFSC 2013). 

3.2.6 SEA TURTLES 

All Pacific sea turtle species are listed as endangered under the Endangered Species Act. Three 

turtle species are known to occur in Mariana waters. They are the leatherback turtle 

(Dermochelys coriacea), hawksbill turtle (Eretmochelys imbricata), and the green turtle 

(Chelonia mydas). Waters off the Northern Islands provide migratory and foraging habitat. There 

are no reports of sea turtle nesting on Farallon de Pajaros, Maug, or Asuncion. 

The leatherback turtle is typically associated with continental shelf habitats and pelagic 

environments (NMFS and USFWS 1998b). Research has shown that leatherback turtles found in 

the northern and central Pacific Ocean originate from nesting areas located south of the equator 

in the western Pacific and the eastern Pacific along the Americas (Dutton et al. 1999). There are 

no reports of leatherback turtles nesting in the Mariana Archipelago. The population of Pacific 

leatherback turtles has declined sharply in the past 20 to 30 years, mostly from incidental catch 

in fisheries (NMFS and USFWS 1998b). 

Hawksbill turtles are circumtropical in distribution, generally occurring between 30o

 N and 30oS 

latitudes (NMFS and USFWS 1998c). Along the far western and southwestern Pacific, hawksbill 

turtles nest on the islands and mainland of Southeast Asia, from China and Japan, throughout the 

Philippines, Malaysia, and Indonesia, to Papua New Guinea, and the Solomon Islands 

(McKeown 1977). 

The green turtle is a circumglobal species found in tropical seas and, to a lesser extent, in 

subtropical waters with temperatures above 20o C (NMFS and USFWS 1998a). Although the 

Hawaiian population of green turtles has increased significantly over the last 25 years, the global 

population trend is still declining. A 

cooperative study of isolated reefs in 

the Mariana Archipelago conducted 

by the CNMI DFW and NMFS 

provided a resident population 

estimate of 1,000 to 2,000 green 

turtles in the Mariana Archipelago 

(NMFS and USFWS 1998a). On 

April 6, 2016, NMFS and USFWS 

issued a final rule to list 11 distinct 

population segments (DPSs) of the 

green sea turtle under the ESA, 

superseding the 1978 final listing rule 

for green turtles. The NISL is within 

the Central West Pacific DPS which 

was listed as Endangered. The rule 

became effective May 6, 2016 (81 

FR 20057). Hawksbill turtle. NOAA
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

20 Final Environmental Assessment 

3.2.7 SEABIRDS 

Migratory bird species, including most seabirds, are protected by the Migratory Bird Treaty Act, 

which prohibits the take of migratory birds, their nests, and eggs. Of the seabird species that may 

be found in the CNMI, three are listed under the ESA as Threatened or Endangered: Hawaiian 

Petrel (Pterodroma sandwichensis), Newell’s shearwater (Pluvialis fulva), and short-tailed 

albatross (Phoebastria albatrus) 

Of the seabird species that may be found in the Mariana Archipelago, some are considered 

residents while others are transients. Resident species include the black noddy (Anous minutes), 

brown noddy (A. stolidus), great frigatebird (Fregata minor), white tern (Gygis alba), whitetailed tropicbird (Phaethon lepturus), red-tailed tropicbird (P. rubricauda), wedge-tailed 

shearwater (Puffinus pacificus), sooty tern (Sterna fuscata), masked booby (Sula dactylatra), 

brown booby (S. leucogaster), and red-footed booby (S. sula). Transient seabirds include the 

Newell’s shearwater, Leach’s storm-petrel (Oceanodroma leucorhoa), Matsudaira’s storm-petrel 

(O. matsudairae), short-tailed shearwater (Puffinus auricularis), and Audubon’s shearwater (P.

iherminieri). All of these species may forage in the waters of the Northern Islands. 

3.2.8 THREATENED AND ENDANGERED SPECIES 

Species listed under the federal Endangered Species Act that may occur in the waters off the 

Northern Islands are provided in Table 1. The list of species was provided by NMFS and 

USFWS. These species may be permanent residents (such as the corals) or may only exhibit 

transient use of the Northern Islands waters at certain times of the year, as may be the case with 

the whale species. 

Table 1. Species listed under the Endangered Species Act that may occur in the NISL

Common Name Scientific Name ESA Status* 

Hawaiian petrel Pterodroma sandwichensis E 

Newell’s shearwater Puffinus auricularis T 

Short-tailed albatross Phoebastria albatrus E 

Blue whale Balaenoptera musculus E 

Fin whale Balaenoptera physalus E 

Humpback whale Megaptera novaeangliae E 

Sei whale Balaenoptera borealis E 

Sperm whale Physeter macrocephalus E 

Green sea turtle Chelonia mydas T 

Hawksbill turtle Eretmochelys imbricata E 

Leatherback turtle Dermochelys coriacea E 

Loggerhead sea turtle Caretta caretta E 

Olive ridley sea turtle Lepidochelys olivacea T 

Scalloped hammerhead shark Sphyrna lewini T 

Needle coral Seriatopora aculeata T 

No common name Acropora globiceps T 

Blunt coral Acropora retusa T 

* E = Endangered; T = Threatened 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 21 

Of the three listed seabirds that may occur off the Northern Islands (Hawaiian petrel, Newell’s 

shearwater, and short-tailed albatross) only Newell’s shearwater are known to forage in the 

waters of the Northern Islands. 

In the western Pacific, olive Ridley sea turtles typically occur in tropical and warm temperate 

waters from Australia through Southeast Asia. While they may be present in the waters off the 

Northern Mariana Islands, there are no documented occurrences in the waters or of nesting on 

the three islands. 

The scalloped hammerhead shark in the eastern Pacific belongs to the Indo-West Pacific distinct 

population segment (DPS). They are highly desired for the shark fin trade because of their fin 

size and high fin ray count. They are caught in a variety of fisheries. NMFS identified 

overutilization for commercial and/or recreational purposes as a significant threat contributing to 

the extinction risk of the four scalloped hammerhead shark DPSs, including the Indo-West 

Pacific DPS (NMFS 2014). Their use of the waters off the Northern Mariana Islands is not 

known. 

The USFWS species list included the Micronesian megapode (Megapodius laperouse), Mariana 

fruit bat (Pteropus mariannus mariannus), and Marianas/Slevin's skink (Emoia slevini). These 

species are all terrestrial and do not forage or otherwise use the marine environment, and would 

not occur off the coasts of the three northern islands. 

3.2.9 CRITICAL HABITAT 

There is no designated or proposed critical habitat within the NISL. 

3.3 CULTURAL RESOURCES OF THE NORTH MARIANA ARCHIPELAGO 

The known human history of the Mariana Archipelago began about 3,500 years ago when 

Asians, who were the ancestors of the Chamorro people, the indigenous peoples of the Mariana 

Islands, arrived in the archipelago. Contact with the Western world began when Magellan landed 

on Guam in 1521. Spain claimed the islands in 1565. Disease and conflicts decimated the 

Chamorro population and at the turn of the 18th century, Spain moved all of the remaining 

Chamorro people to Guam and Rota. There has been no permanent inhabitation of Maug and 

Asuncion since that time. Spanish, Filipino, and Carolinian immigrants were later brought in to 

resettle the inhabitable islands. Farallon de Pajaros is, and has probably always been, 

permanently uninhabited because of its inhospitable terrain and frequent volcanic activity. 

The Mariana Islands remained under Spanish control until the end of the Spanish American War 

in 1898, when Guam was placed under the control of the United States. 

Germany bought all the other islands of the Mariana Archipelago from Spain in 1899 with the 

intent of establishing copra (dried meat of the coconut used to extract coconut oil) plantations. 

During this period, Germany also let contracts for collection of exotic bird feathers for the 

European and Japanese hat trade. During this time, Japanese bird catchers employed on these 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

22 Final Environmental Assessment 

islands may have established temporary residences, and other fishing or hunting parties may 

have also periodically resided on Maug and Farallon de Pajaros. 

After World War I, the League of Nations stripped Germany of all its overseas possessions and 

awarded Japan administrative authority over the Mariana Islands, except for U.S. controlled 

Guam. Prior to and during World War II, a Japanese weather station and fish processing plant 

were established on Maug. After the end of World War II, the United Nations created the TTPI, 

which was administered by the United States, including all the Mariana Islands except for Guam. 

Guam became a U.S. territory in 1950 (Rogers 1995). 

In 1975, the people of the Northern Mariana Islands voted to become the Commonwealth of the 

Northern Mariana Islands, and in 1976 the U.S. Congress approved a covenant to establish the 

CNMI in political union with and under the sovereignty of the United States. 

3.4 THE ISLANDS OF THE NORTH MARIANA ARCHIPELAGO 

In this section, benthic habitat characteristics and the marine environment of Farallon de Pajaros, 

Maug, and Asuncion are described. 

3.4.1 FARALLON de PAJAROS 

Farallon de Pajaros, also known as Uracas, is the northernmost island in the Northern Mariana 

Archipelago, approximately 42 miles (68 km) northwest of Maug and approximately 370 miles 

(595 km) north of Saipan. It is the top of an active stratovolcano with a maximum elevation of 

1,180 feet (360 meters). It is located at latitude 20° 31’ N and longitude 144° 54’ E. The island is 

1.2 miles (2 km) long and 1 mile (1.7 km) wide, with an area of approximately 1 mile2 (2.5 km2

). 

Farallon de Pajaros earned the nickname “The Lighthouse of the Western Pacific” because it is 

the most active volcanic island in the Mariana archipelago having erupted at least 16 times since 

1864, most recently in 1978. 

The island’s steep slopes were formed by frequent flows of lava and ash. Lava poured not only 

from the summit, but also from fissures on the volcano flanks, which created platforms along the 

coast. Both summit and flank vents have been active at Farallon de Pajaros in recent history. 

Much of the island is covered in lava, cinders, and ash. 

Bathymetry data acquired by NOAA’s CRED during MARAMP surveys indicates the steep 

onshore slopes of the island continue underwater, forming steep submarine flanks. These flanks 

are incised by ridges that radiate out from depths of less than 100 feet (30 m) to 1,300 to 2,000 

feet (400 to 600 m) below the surface. 

The variable topography and oceanographic conditions around Farallon de Pajaros provides 

highly variable coral reef habitat. Overall, live, hard-coral cover on forereef habitats is low 

compared to observations at other islands in the Mariana Archipelago. Forereef habitats are 

generally loose boulders and rubble that create inhospitable environments for prolonged coral 

growth. Conditions are most extreme in the northeast, southeast, and south regions, where high 

wave energy causes regular overturning of the loose substrate. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 23 

Off the west coast, forereef habitats of medium to medium-high complexity include boulders on 

sand and patches of rocky reef. This region is characterized by low ambient wave activity and 

medium episodic activity, suggesting that this area is relatively sheltered compared to the rest of 

this island. Estimates of coral cover were consistently highest in this region, compared to the 

other regions surrounding the island. Mean large-fish and total fish biomass were also highest off 

the west coast, where sharks and jacks were common. Large fish biomass was the highest in the 

waters off of Farallon de Pajaros compared to all other islands of the Mariana Archipelago. 

3.4.2 MAUG 

Maug consists of three steep‐sided, exposed islets separated by deep‐water channels. The islets 

are above sea‐level remnants of what is now a largely submerged volcano. The islets are 

individually named and are known by English and Japanese names: “North” or “Kita-shima” is 

744 feet in height (227 meters); “East” or “Higashi‐shima” is 705 feet in height (215 meters); 

and “West” or “Nishi‐shima” rises 583 feet (178 meters) above sea level. Maug is located at 20° 

2’ N, longitude 145° 13’ E, approximately 330 miles (530 km) north of Saipan. The three islets 

have a total area of approximately 0.8 miles2

 (2.1 km2). The outer shore of the three islets is 2.1 

miles (3.3 km) in diameter. The inner diameter of the submerged caldera is approximately 1.4 

miles (2.2 km). 

Maug’s caldera–islet structure is unique in the Mariana Archipelago. The volcano was dormant 

for years, allowing lava to cool and plug its vents. It eventually became active again and 

immense pressure built up under the plugged vents, causing the volcano to explode, giving Maug 

its current shape. Each islet remnant has steep cliffs made of columnar basalt. The outer flanks of 

Maug are characterized by the steep slopes typical of other northern islands. The presence of a 

number of submarine volcanic dikes protrude seaward, increasing habitat complexity by 

providing vertical relief and structure. High concentrations of sea fans, other gorgonians (e.g., 

sea whips), and corals have been observed in these areas. 

Maug’s steep slopes plunge to depths greater than 650 feet (200 meters) below the surface and 

then rise again in the center of the caldera to depths of less than 65 feet (20 meters). The steep 

slopes within the caldera provide a protected environment that generally supported greater than 

10 percent live, hard-coral cover. 

Rocky terrain on most flanks of Farallón de Pájaros creates inhospitable habitat for coral. Robert Schroeder, NOAA
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

24 Final Environmental Assessment 

The highest levels of live coral cover occur west of West Island at depths of 40 to 82 feet (12 to 

25 meters) with a range of 30% to 75% cover. This area is characterized by high relief spur-andgroove habitat, interspersed with canyons and walls that consistently supported low cover of 

macroalgae compared to other areas surveyed in the Mariana Archipelago. A submerged coral 

limestone terrace was observed 82 feet (25 meters) below sea level off West Island. COTS and 

stressed-coral cover were not observed in this area. 

The exposures south of West and East Islands had consistently low cover of live hard corals 

compared to other areas surveyed around Maug. These habitats were dominated by boulders and 

supported 75% to100% macroalgal cover in some locations, which is high relative to other areas 

surveyed around Maug. The complexity of these habitats generally was slightly lower than the 

complexity observed at other survey areas around Maug. 

Volcanic eruptions have not been recorded for Maug and recent USGS over flights have not 

observed geothermal activity above the ocean surface. However, NOAA expeditions have 

discovered hydrothermal venting on the dacite dome in the center of the caldera releases CO2

bubbles, which creates more acidic waters in the immediate vicinity of the vents ‐ measuring a 

pH of 6.07 near the vents, versus a pH of 8.13 for the surrounding region. 

Water temperatures at the vent site were 60 to 93 degrees Fahrenheit (°F) (16 to 34° Celsius) 

above the surrounding subsurface water temperatures. The seafloor surrounding the vents was 

littered with boulders and rubble, presumably from previous landslides, with every surface 

covered by a layer of brown, orange and yellow-tinted “fluffy” silt. Although no corals grow in 

the immediate vent area, NOAA documented live coral cover nearby ranging from 67 to 100 

percent, making this one of the few known examples of natural ocean acidification within a coral 

reef ecosystem. Many areas were dominated by the genus Goniastrea, which grows on steep 

walls and provides a framework for other corals and invertebrates. Also numerically abundant 

The three islands of Maug during 2010 Mariana Expedition Wildlife Survey. Curtis 

Kessler, USFWS
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 25 

Vents release gas bubbles and warm water west of East Island. The seafloor is covered by 

fluffy orange silt. Ellen Smith, NOAA

were the genera Porites and Astreopora. As ocean acidification increases across the Earth, this 

caldera offers scientists an opportunity to study today, conditions that may occur in the future. 

Two bird species of conservation concern breed on Maug: the Micronesian megapode 

(Megapodius laperouse), which is listed federally as Endangered (USFW 1970) and locally as 

threatened or endangered (Berger et al. 2005); 

and the near-threatened (BirdLife International 

2008) white-throated ground-dove 

(Gallicolumba xanthonura). These terrestrial 

species are not known to use the marine 

environment. 

In 2013, a distressed Japanese vessel grounded 

inside the caldera on Maug’s West Island and 

broke apart. The majority of submerged debris 

has since dispersed, but the shorelines remain 

covered by a variety of debris. 

3.4.3 ASUNCION 

Asuncion is the third northernmost island in the Northern Mariana Islands chain, located 

approximately 25 miles (40 km) southeast of Maug. It is located at latitude 19° 41’ N, longitude 

145° 14’ E, and is approximately 300 miles (490 km) north of Saipan. It is a massive 

stratovolcano which rises from the ocean floor to a height of 2,812 feet (857 meters) above sea 

level. It is approximately 2.3 miles (3.7 km) long, 2.1 miles (3.3. km) wide, and has an area of 

2.8 miles2

 (7.3 km2). The island has steep cliffs on the northeastern side and gentler slopes on the 

southwestern side. Erosion and landslides have carved sea cliffs along the north and east coasts. 

Asuncion’s steep flanks continue into the ocean to depths of approximately 7,550 feet (2,300 

meters). Below sea level, there are several terraces, broken with ridges and channels. Asuncion 

and Maug are connected by a deep, underwater plateau. 

Marine debris at Maug. NOAA
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

26 Final Environmental Assessment 

The steepest slopes and highest sea cliffs, as well as the steepest submarine topography, occur on 

the northern and eastern sides of this island. The steep benthic habitat is characterized by rocky 

reef strewn with boulders that support little cover of macroalgae or live hard corals. Areas off the 

southern and southwestern coasts are characterized by less dramatic topside and benthic 

topography, resulting in a biological seascape that is very different from the rest of Asuncion. 

The southern side of the island is subject to frequent landslides which carry substantial amounts 

of sediment and rock into the nearshore environment. Shelves occurring on the southern side of 

Asuncion are largely composed of sand and boulders, resulting in an environment of mediumlow to medium complexity that supports less than 10% coral cover. 

The west side of Asuncion is marked by several ash deposits along the moderately steep slope 

and by a shallow terrace that extends out from the shore to below the surface. Sheltered from the 

prevailing weather patterns, this nearshore habitat provides prime reef-building conditions. High 

levels of live coral cover were recorded in this area relative to other areas surveyed around 

Asuncion. The reefs along the west coast also supported the highest coral-colony densities, the 

highest crustose-coralline-red-algal cover, and the greatest macroalgal diversity at Asuncion. The 

west side supported the greatest abundance of sea cucumbers, COTS, and giant clams. 

In the absence of any known fishing pressure, the waters surrounding Asuncion support abundant 

stocks of reef fishes compared to other islands of the Mariana Archipelago. Large-fish biomass 

was the second-highest level observed among the islands after Farallon de Pajaros. Total fish 

biomass was the highest estimated for the Archipelago, and fish assemblages included a broad 

range of herbivorous and piscivorous species. High numbers of sharks were seen at Asuncion 

compared to observations at other islands of the Mariana Archipelago. 

 

Off the south coast of Asuncion, a dense aggregation of sea pens (order: Pennatulacea) were 

found at depths of 230 to 400 feet (70 to 120 meters) extending over a distance of approximately 

1 mile (1.6 km). The aggregation occurred on a soft substrate, possibly composed of basaltic 

sand. High numbers of sea pens have not been observed around other islands of the Mariana 

Archipelago. Similar extensive nighttime surveying in the Hawaiian Archipelago and American 

Samoa has not revealed similar aggregations of sea pens, making this occurrence at Asuncion an 

uncommon, if not unique occurrence. 

Reef habitat on the west side of Asuncion. Robert Schroeder, NOAA
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 27 

CHAPTER 4. ENVIRONMENTAL CONSEQUENCES 

In this section the environmental consequences of implementing the alternatives are analyzed. 

The Affected Environment section describes the current conditions of the NISL (i.e., the 

environmental baseline) against which the effects of the proposed actions are compared. The 

analysis examines how the environmental baseline would change under the two alternatives. 

To assist in analyzing the effects of implementing the proposed alternatives, the Council on 

Environmental Quality provides guidance on the context and intensity of potential effects (40 

CFR, Section 1508.27). Based on this guidance, the qualitative terms major (significant), 

intermediate (moderate), minor, and negligible are used to describe the magnitude of the effect. 

To interpret these terms, intermediate is a higher magnitude than minor, which is of a higher 

magnitude than negligible. The word negligible is used to describe an effect that, when compared 

against the environmental baseline, would not be measurable or would be difficult to measure. 

The terms below were used to describe the scope, scale, and intensity of effects on natural, 

cultural, social (including recreational), and economic resources. 

 Negligible or Neutral. Resources would not be affected (neutral effect), or the effects 

would be at or near the lowest level of detection (negligible effect). Resource conditions 

would not change or would be so slight there would not be any measurable or perceptible 

consequence to benthic characteristics, marine life, or cultural resources. 

 Minor. Effects would be detectable, but localized, small, and of little consequence to 

benthic characteristics, marine life, or cultural resources. Mitigation, if needed to offset 

adverse effects, would be easily implemented and successful based on knowledge and 

experience. 

 Intermediate or Moderate. Effects would be readily detectable and localized with 

measurable consequences to benthic characteristics, marine life, or cultural resources but 

not readily detectable or measurable beyond the NISL. Mitigation measures would likely 

be needed to offset adverse effects, and could be extensive, moderately complicated to 

implement, and probably successful based on knowledge and experience. 

 Major or Significant. Region-wide effects would be obvious and would result in 

substantial consequences to benthic characteristics, marine life, or cultural resources. 

Extensive mitigating measures may be needed to offset adverse effects and would be 

large-scale in nature, possibly complicated to implement, and may not have a high 

Major Intermediate Minor Negligible Minor Intermediate Major

 Negative Beneficial 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

28 Final Environmental Assessment 

probability for success. In some instances, major effects would include the irretrievable 

loss of the resource. 

4.1 ALTERNATIVE 1: CURRENT LAND STATUS ALTERNATIVE (NO ACTION) 

Under Alternative 1, the Current Land Status Alternative, the United States would not convey the 

NISL to CNMI and would continue to exercise ownership and control of the NISL. 

The NISL would continue to be managed as part of the Islands Unit of the MTMNM and actions 

permitted to take place within the NISL would be for the long-term protection and maintenance 

of the marine environment (the environmental baseline). Commercial fishing and other resource 

extraction such as offshore oil and gas exploration and extraction, and trade in coral and live reef 

fish would continue to be banned by PP 8335 which prohibits the appropriation, injury, 

destruction, or removal of any feature of the MTMNM except as provided for PP 8335, or as 

otherwise provided for by law. 

Under Alternative 1, the multi-year, multi-agency planning process to develop the MMP would 

continue. As stated in PP 8335, the Secretaries are required to complete an MMP to provide for 

the care and management of the Monument’s resources. The USFWS and NOAA would 

continue to work together with the Secretary of Defense, the U.S. Coast Guard, and the CNMI 

Government in development of the MMP. 

The draft MMP would outline the following goals for management of the MTMNM, including 

the NISL: 

1. Conserve and protect the marine ecosystems around the islands of Farallon de Pajaros 

(Uracus), Maug, and Asuncion; 21 of the Mariana Ridge undersea volcanoes and thermal 

vents; and the geologic features and life forms in the Mariana Trench. 

2. Provide for traditional access by indigenous persons for culturally significant subsistence, 

cultural and religious uses. 

3. Develop education, interpretation, and outreach programs to enhance understanding and 

appreciation of Monument resources and efforts to conserve them. 

4. Assess and promote scientific exploration and research opportunities and adopt measures 

to ensure that the Monument’s ecosystem, marine resources or species, and features of 

scientific interest are not degraded. 

5. Assess and promote Monument-related opportunities for tourism, recreation, and 

economic activities and opportunities in the CNMI. 

6. Contribute to the recovery and protection of all native species with special consideration 

for threatened and endangered species, and species of management concern. 

These goals speak to the desire to manage the MTMNM, including the NISL, for the permanent 

conservation and protection of the current conditions of the geologic features and marine 

ecosystem. 

Scientific research would continue to be evaluated and permitted on a case-by-case basis. Such 

activities may require vessels, ships, or remotely operated vehicles to enter into the area of the 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 29 

NISL which could result in the discharge of materials into the air and water, including anchoring 

of vessels, resulting in a negligible effect to these resources. 

Under the No Action alternative, NOAA and USFWS would continue their management of the 

Islands Unit. Access to the Islands Unit has been documented at 3.8 trips per year for all types of 

activities from 1979-2010, including scientific research (Kotowicz and Richmond 2013). This 

trend is expected to increase slightly with increased interest in conducting scientific exploration 

and research for climate change and ocean acidification in the Maug cauldron and the Islands 

Unit. However, the fishery and benthic resources extracted during these activities represent a 

negligible fraction of the available biomass in the Islands Unit. 

As part of the current Monument Management Planning process, DOI and DOC are developing 

regulations to require permits to access the Monument, including the submerged lands, and to 

require permittees to take appropriate measures to minimize potential adverse effects such as 

marine invasive species introductions or coral reef damage from boat anchors. To prevent these 

impacts, access requests to the Monument for fishing, exploration and research, or cultural 

purposes would be reviewed by the Monument managers through a permit process. Any permits 

issued would require permittees to implement Monument best management practices (BMPs) 

and any additional conservation measures required under ESA, MMPA, MSA, or NHPA to 

minimize effects to the resources in the Islands Unit. Such regulations and permit measures 

enable DOI and DOC to also monitor and regularly assess the approved activities. 

Commercial fishing would continue to be prohibited in the NISL. Under regulations at 50 CFR 

Part 665, noncommercial and recreational charter fishing in the NISL would continue to be 

permitted on a case-by-case basis by NMFS. NMFS issues permits only to a community resident 

of Guam or the CNMI, or a charter business established legally under the laws of Guam or the 

CNMI. Vessel operators are required to maintain a log sheet for each day of fishing and must 

submit the log to NMFS within 30 days of the end of each fishing trip. Noncommercial fishing 

may also result in the discharge of materials into the air and water, but given the extremely low 

level of fishing activity in the action area, negligible effects to these resources are anticipated. 

Under the No Action Alternative, fishermen who harvest fishery resources under a 

noncommercial fishing permit would continue to engage in customary exchange which helps to 

preserve traditional, indigenous, and cultural fishing practices, on a sustainable basis. Customary 

exchange means the non-market exchange of marine resources between fishermen and 

community residents, for goods and/or services for cultural, social, or religious reasons. 

Customary exchange may include cost recovery through monetary reimbursements and other 

means for actual trip expenses, including but not limited to ice, bait, fuel, or food, that may be 

necessary to participate in the fisheries in the NISL. Customary exchange by fishermen fishing 

under a recreational charter permit is not allowed. 

NMFS estimates that up to 10 vessels total, fish in the Monument annually; and this is 

considered a high estimate because of the distance from populated areas, the costs of trips, and 

because the prohibition on fishing commercially outside the Monument on the same trip as a 

Monument noncommercial fishing trip discourages fishermen from seeking a Monument fishing 

permit. Noncommercial fishing activity in the Monument could involve troll fishing using hooks 

and line, bottom fishing using hook and line gear, and hand harvests of spiny lobster. A low level 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

30 Final Environmental Assessment 

of coral reef ecosystem fishing using spears or pole and line gear cast from shore could target 

coral reef fishes. Under the no-action alternative, there would continue to be the same amount of 

commercial pelagic, bottomfish, crustacean, and coral reef fishing in areas just outside of the 

Monument. Current impacts to pelagic, bottomfish, crustacean and coral reef ecosystem target 

and non-target stocks are considered sustainable. Bottomfish, crustacean and coral reef 

ecosystem harvests outside the Monument are subject to annual catch limits and accountability 

measures to help ensure the sustainability of these fisheries. 

There are no reports of interactions between seabirds and commercial and noncommercial 

fisheries around the CNMI and Guam. Under the No Action alternative, there would be no 

change to the gear used, the areas fished, or for other requirements that affect noncommercial 

fishing in the Monument. Therefore, seabirds would not be affected by the No Action alternative. 

Similarly, the commercial and noncommercial fisheries around the CNMI are operating in 

accordance with ESA Section 7 Biological Opinions and MMPA Letters of Authorization that 

apply to the existing pelagic, bottomfish, coral reef, and crustacean fisheries. There would be no 

change to the number, type, or severity of interactions with sea turtles, or marine mammals under 

the no-action alternative. Accordingly, no significant impacts to protected species are 

anticipated. 

While there is the potential for illegal, unreported, or unregulated fishing activities in the transfer 

area, the degree of these actions is suspected to be infrequent due to the distances and costs 

involved in accessing the Northern Islands. Under both alternatives, NOAA Office of Law 

Enforcement (OLE), USFWS OLE and CNMI Division of Fish and Wildlife personnel would 

work in collaboration with the USCG to ensure compliance with applicable laws and respond to 

incidents such as illegal fishing and the ecological impacts that may occur in the NISL waters. 

Permitted research, noncommercial fishing, and other management actions would effectively 

maintain the environmental baseline. Thus adopting Alternative 1 would be expected to result in 

neutral or negligible effects to the NISL. Resources would either not be affected (neutral effect), 

or the effects would be at or near the lowest level of detection (negligible effect). Adopting 

Alternative 1 would not result in obvious region-wide effects that result in substantial 

consequences to the marine environment including marine mammals, listed species, coral, or 

other marine resources. Nor would it result in substantial consequences to the social or economic 

environment. No significant effects would occur. 

4.2 ALTERNATIVE 2 – NORTHERN ISLANDS SUBMERGED LANDS CONVEYANCE 

(PREFERRED ALTERNATIVE) 

Under Alternative 2, the NISL Conveyance Alternative, the DOI, DOC, and CNMI would enter 

into the MOA and DOI would convey ownership of the NISL to the government of CNMI via a 

patent with a reserved easement. CNMI as owner and under the MOA would have primary 

responsibility for managing resources within the NISL in accordance with PP 8335, including 

general permitting of scientific research and noncommercial fishing within the transfer area as 

well as managing traditional access by indigenous persons for culturally significant subsistence, 

cultural, and religious uses. This change may be expected to result in decision-making that is 

more responsive to the unique cultural and social needs of local communities in the Marianas. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 31 

Under the MOA, management of the NISL would be governed by the terms of PP 8335 and the 

terms of the reserved easement which are incorporated into the patent. Federal agency actions in 

the NISL would be determined by the interest the U.S. government retained in the easement, 

those rights, powers of regulation, and servitudes reserved under the TSLA, all powers of 

regulation and control under applicable federal authorities, and the provisions of the MOA. The 

purpose of the MOA and the reserved easement are to ensure future management of the NISL is 

in accordance with the provisions of PP 8335 and PP 9077, including during the interim period 

following conveyance and prior to adoption of the CSLMP. Submerged lands so granted by the 

U.S. to CNMI would remain part of the MTMNM unless Federal conservation status is 

withdrawn by an Act of Congress. 

Under Alternative 2, and at the request of the CNMI Government, the NISL would continue to 

be managed under the present management roles and responsibilities until such time the CNMI 

government, at its discretion, assumes all or a portion of the management responsibilities of the 

NISL. During this interim period, USFWS and NOAA would continue to consult with the CNMI 

Government on management of the conveyed submerged lands. This interim management 

scenario plan would effectively maintain current management of the NISL resulting in negligible

or neutral effects to the marine, social, and economic environments. 

Upon assuming management responsibilities under the terms of the MOA and of the reserved 

easement, CNMI would be required to manage the NISL consistent with PP 8335 including not 

allowing or permitting any appropriation, injury, destruction, or removal of any feature of the 

Monument except as provided for by PP 8335 or as otherwise provided for by law. In 

establishing the Monument, PP 8335 noted that “it is in the public interest to preserve the known 

volcanic areas of the Mariana Ridge, the marine environment around the islands of Farallon de 

Pajaros, Maug, and Asuncion in the Commonwealth of the Northern Mariana Islands, and the 

Mariana Trench for the care and management of the scientific objects therein.” 

The two actions included under the proposed action (the MOA and the patent with a reserved 

easement) would ensure that the NISL are managed consistent with the requirements of PP 8335 

and be forever managed and maintained for the protection of the resources contained therein 

unless Monument or other federal conservation status is withdrawn by an Act of Congress. 

Accordingly, upon the Government of CNMI assuming management responsibilities for the 

NISL, Alternative 2 would also effectively maintain the environmental baseline as the NISL 

would be managed consistent with PP 8335, without physical changes to the environment, 

ensuring the long-term care and preservation of the NISL. In particular, under Alternative 2, 

impacts to target and non-target pelagic, bottomfish, coral reef, and crustacean species are 

expected to remain low. 

As discussed above in section 4.1, current demand for noncommercial fishing permits in the 

Monument is negligible, most likely because of the significant distance from populated areas, 

and the costs involved (NMFS estimates the current average cost of a trip from Saipan to the 

Islands Unit to be from $5,350 to $6,400, which will vary in the future as fuel and other costs 

fluctuate). Although customary exchange of fish harvested by noncommercial fishermen in the 

Islands Unit of the MTMNM can occur, and could include cash reimbursements to help pay for 

the cost of trips, the prohibition on commercial fishing provides a strong disincentive for fishing 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

32 Final Environmental Assessment 

trips to the Islands Unit. Because the prohibition on commercial fishing would continue, CNMI 

management of noncommercial fishing in the NISL under Alternative 2 is not expected to result 

in any measurable change in fishing practices over the existing baseline. Similarly, impacts to 

protected species would be expected to remain the same. 

Similar to Alternative 1, to address potential illegal, unreported, or unregulated fishing activities in 

the transfer area under Alternative 2, NOAA OLE, USFWS OLE, and CNMI LE personnel would 

continue work in collaboration with the USCG to ensure compliance with applicable laws and 

respond to incidents such as illegal fishing and subsequent ecological impacts in the NISL 

waters. As the expected amount of illegal fishing would not be expected to change from status 

quo due to the costs and distances involved, Alternative 2 would result in neutral effects from 

illegal, unreported, or unregulated fishing or the response to such activities.

Because the conveyed NISL would continue to be managed in conformance with PP 8335 the 

proposed conveyance was found to have no effects on listed species or cultural resources that 

may occur in the NISL (see sections 5.2.2 and 5.2.3). Future management in conformance with 

PP 8335 would effectively maintain the environmental baseline and would be expected to result 

in neutral or negligible effects to the NISL. Resources would either not be affected (neutral 

effect), or the effects would be at or near the lowest level of detection (negligible effect). 

Implementing Alternative 2 would not result in obvious region-wide effects that result in 

substantial consequences to the marine environment including marine mammals and reptiles, 

listed species, coral, or other marine resources. Nor would it result in substantial consequences to 

the social or economic environment. No significant effects would occur. 

4.3 CUMULATIVE EFFECTS 

Cumulative effects result from the incremental effects of a project when added to other past, 

present, and reasonably foreseeable future projects in the area. Cumulative effects can result 

from individually minor but cumulatively significant actions over a period of time. 

The CEQ (40 CFR § 1508.7) (CEQ 1997) provides the following definition of cumulative 

effects: “The impact on the environment which results from the incremental impact of the action 

when added to other past, present, and reasonably foreseeable future actions regardless of what 

agency (Federal or non-Federal) or person undertakes such other actions.” 

The proposed action will not introduce cumulative impacts because it merely conveys title to the 

land without changing its conservation status, that is, under either alternative analyzed in this 

EA, the character of the land remains undisturbed and preserved in its natural state, thereby 

introducing no cumulative impacts on the resources affected. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 33 

CHAPTER 5. COORDINATION, CONSULTATION, AND COMPLIANCE 

5.1 PUBLIC INVOLVEMENT 

To inform the public of this proposed action and to provide information about how CNMI, DOC, 

and DOI would coordinate management of the NISL, the Service engaged in a multi-faceted 

public involvement program. The Service briefed local and Federal elected officials with 

particular interest in the Monument, including Delegates Gregorio Sablan (CNMI) and 

Madeleine Bordallo (Guam), as well as Delegate Aumua Amata (American Samoa). 

The Monument’s website was updated with timely and pertinent information on the Draft EA 

and MOA. Links to the Draft EA and MOA were posted so the public could view and download 

them in PDF format. A link to the free Adobe Acrobat Reader is maintained, for viewing the 

Portable Document Format (PDF). 

A Notice of Availability and request for comments was published in the Federal Register. A 

news release announcing the availability of the Draft EA and MOA for public review and 

comment was published in the Saipan Tribune, Pacific Daily News, and the Honolulu Star 

Advertiser. The news release was also posted on the Monument website 

(http://www.fws.gov/refuge/Mariana_Trench_Marine_National_Monument/). 

As part of the public notice and review process, the Draft EA was made available for a 30-day 

review from May 3, 2016 to June 6, 2016 during which public comments were received. 

Responses to substantive comments are provided in Chapter 6. Comments concerning technical 

or minor edits were incorporated where relevant into this Final EA. 

Comments or requests for additional information were submitted through any of the following 

methods. 

 Email: fw1planningcomments@fws.gov. Include “Submerged Lands Transfer” in the 

subject line of the message. 

 Fax: Attn: Charles Houghten, (503) 231-6161. 

 U.S. Mail: U.S. Fish and Wildlife Service, Pacific Region, Attn: Charles Houghten, 

Chief, Lands Division, 911 NE 11th Ave., Portland, OR 97232-4181. 

Commenters were made aware that entire comments—including personal identifying 

information such as address, phone number, or email address, may be made publicly available at 

any time. While commenters may request that personal identifying information be withheld from 

public review, the Service cannot guarantee that we will be able to do so. 

5.2 ENVIRONMENTAL REVIEW AND CONSULTATION 

The conveyance of submerged lands to the CNMI would comply with Federal laws, regulations, 

and Executive orders. The following section describes specifically how the conveyance would be 

in compliance with the National Environmental Policy Act (NEPA), National Historic 

Preservation Act (NPHA), Endangered Species Act (ESA), Marine Mammal Protection Act 

(MMPA), and other relevant Federal laws, regulations, and Executive Orders. 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

34 Final Environmental Assessment 

5.2.1 NATIONAL ENVIRONMENTAL POLICY ACT 

As a Federal agency, USFWS must comply with provisions of NEPA, as amended (42 U.S.C. 

4321-4347). An environmental analysis is required under NEPA to evaluate reasonable 

alternatives that will meet stated objectives and to assess the possible environmental, social, and 

economic impacts to the human environment. The Environmental Assessment (EA) serves as the 

basis for determining whether implementation of the proposed action would constitute a major 

Federal action significantly affecting the quality of the human environment. The EA facilitates 

the involvement of government agencies and the public in the decision-making process. 

5.2.2 NATIONAL HISTORIC PRESERVATION ACT 

Section 106 of the National Historic Preservation Act of 1966 (NHPA) (16 U.S.C. 469) requires 

Federal agencies to take into account the effects of their undertakings on historic properties. This 

includes complying with the NHPA and other cultural resource preservation laws, and consulting 

with the State Historic Preservation Office and appropriate Native American governments and 

Native Hawaiian organizations, if applicable, over any future management actions which may 

have the potential to affect historic properties. 

Pursuant to Section 106 of the NHPA and promulgated regulations, the DOI has determined the 

conveyance to be an undertaking (36 CFR 800.3(a)). The USFWS has determined that this 

undertaking is of the type that has no potential to cause effects on historic properties. CNMI’s 

Historic Preservation Officer also determined that this undertaking has no potential to cause 

effects on historic properties, consistent with the Commonwealth Historic Preservation Act of 

1982 (Public Law 3-39) (see Appendix D). 

5.2.3 ENDANGERED SPECIES ACT 

The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered 

and threatened species and to use their authorities to further the purposes of the ESA. Section 7 

of the ESA is the mechanism by which Federal agencies ensure their actions do not jeopardize 

the existence of any listed species. Under Section 7, Federal agencies must consult with USFWS 

or NMFS when any action an agency carries out, funds, or authorizes may affect a listed 

endangered or threatened species. 

NOAA has jurisdiction over marine mammals, fish, invertebrates, and plants. The USFWS and 

NOAA share jurisdiction for sea turtles, with NOAA taking the lead for the marine environment 

and USFWS taking the lead for upland breeding grounds. USFWS has primary jurisdiction over 

terrestrial and fresh water species and shares jurisdiction with NOAA for interjurisdictional fish. 

Beyond the ESA, the USFW has statutory authority and responsibility for enforcing the 

Migratory Bird Treaty Act (16 U.S.C. 703-712), which implements protections for native 

migratory birds. 

USFWS and NOAA initiated an ESA Section 7 consultation on the proposed action. The 

consultation concluded the proposed conveyance of the NISL would have no effect on listed 

species because the NISL will continue to be managed for the protection of the natural resources 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 35 

contained therein, consistent with PP 8335. The Section 7 consultation findings are attached as 

Appendix B. 

5.2.4 MARINE MAMMAL PROTECTION ACT 

The Marine Mammal Protection Act (MMPA), which is administered by NOAA Fisheries, 

prohibits, with certain exceptions, the take of marine mammals in U.S. waters and by U.S. 

citizens on the high seas, and the importation of marine mammals and marine mammal products 

into the U.S. Under both alternatives, activities (e.g., noncommercial fishing and scientific 

research) that results in incidental or directed take of marine mammals will be subject to review 

and authorization under MMPA sections 101(a)(5) and 104, as appropriate. Because no 

commercial fisheries are authorized within the Islands Unit, the proposed action will not 

introduce impacts to marine mammals that require such authorization under MMPA. 

5.2.5 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 

LIABILITY ACT 

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA) (42 U.S.C. 9601 et seq.) requires Federal agencies to evaluate the environmental 

condition of property and to take remedial actions as necessary to protect human health and the 

environment before transferring property. Section 120(h) of CERCLA establishes the regulatory 

process. Pursuant to Section 120(h) of CERLA, USFWS conducted an Environmental Baseline 

Survey (EBS) of the NISL (Appendix E). 

Based on the information gathered in the EBS and the American Society for Testing and 

Materials (ASTM) Standards (ASTM D5746-98(2010) Standard Classification of Environmental 

Condition of Property (ECOP) Area Types), the USFWS categorized all three potential transfer 

sites as Area Type 3 or areas where release, disposal, and/or migration of hazardous substances 

has occurred, but at concentrations that do not require a removal or remedial action. No 

hazardous substances are known within the NISL, thereby warranting an Area Type 2 

designation, however, the unknown circumstances of marine debris and the remote location 

leaves open the possibility that hazardous materials may have migrated into the NISL at one 

time. There are no concentrations of hazardous materials at this time that have or do require 

removal or remedial action, so an Area Type 4 designation is not warranted. 

Based on this finding, the Service further concludes that the NISL are suitable to transfer to the 

CNMI. This notice of identification of Area Type and suitability for transfer is intended to fulfill 

the public disclosure requirement of Section 120(h). 

5.2.6 COASTAL ZONE MANAGEMENT ACT 

The USFWS in coordination with NOAA and CNMI determined that this rule will be 

implemented in a manner that is consistent, to the maximum extent practicable, with the 

enforceable policies of the approved coastal management programs of CNMI Coastal Zone 

Management Act (CZMA) programs. The USFWS has also determined that there are no 

reasonably foreseeable effects to the uses or resources of CNMI's coastal zone. Therefore, 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

36 Final Environmental Assessment 

pursuant to NOAA's CZMA regulations, neither a consistency determination nor a negative 

determination is needed for this action. 

5.2.7 ESSENTIAL FISH HABITAT 

This action will have no Adverse Impact on Essential Fish Habitat (EFH). The submerged land 

affected by this action is designated as EFH and supports various life stages for the management 

unit species (MUS) identified under the Western Pacific Regional Fishery Management 

Council’s Pelagic and Marianas Archipelago Fishery Ecosystem Plans (FEPs). The MUS and life 

stages that may be found in these areas include: eggs, larvae, juveniles and adults of Coral Reef 

Ecosystem MUS (CRE-MUS); eggs, larvae, juveniles and adults of Bottomfish MUS (BMUS); 

and eggs, larvae, juveniles and adults of Crustacean MUS (CMUS). In the context of the fishery 

as a whole, this final action will not have an adverse impact on EFH; therefore, an EFH 

consultation is not required. This action is administrative and therefore, this action will have no 

adverse impact on any areas identified as EFH for U.S. fisheries. 

 

5.2.8 OTHER FEDERAL LAWS, REGULATIONS, AND EXECUTIVE ORDERS 

In implementing the proposed action, USFWS would comply with the following Federal laws, 

Executive orders, and legislative acts: Intergovernmental Review of Federal Programs 

(Executive Order 12372); Protection of Historical, Archaeological, and Scientific Properties 

(Executive Order 11593); Floodplain Management (Executive Order 11988); Protection of 

Wetlands (Executive Order 11990); Departmental Policy on Environmental Justice (Executive 

Order 3127); and Consultation and Coordination with Indian Tribal Governments (Executive 

Order 13175). 

5.3 KEY PARTICIPANTS IN THE TRANSFER PROCESS 

The cooperating agencies collaborated to develop the EA, Memorandum of Agreement, and 

Patent. The key participants in our transfer process follow. 

5.3.1 LEADERSHIP TEAM 

Matthew Deleon Guerrero, Chief of Staff, CNMI Governor’s Office 

Karen Hyun, Principal Deputy Assistant Secretary, DOI Fish and Wildlife and Parks 

Esther Kia’aina, Assistant Secretary, DOI Office of Insular Affairs 

Frank M. Rabauliman, Administrator, CNMI Bureau of Environmental and Coastal Quality 

Richard B. Seman, Secretary, CNMI Department of Lands and Natural Resources 

Eileen Sobeck, Assistant Administrator, NOAA Fisheries 

Robyn Thorson, Regional Director, U.S. Fish and Wildlife Service 

Michael Tosatto, Regional Administrator, NOAA Fisheries 

5.3.2 COOPERATING AGENCIES’ TEAMS 

U.S. Department of the Interior 

Wendy Clerinx, Advisor to the Assistant Secretary, Office of Insular Affairs 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 37 

Larry Mellinger, Attorney-Advisor, Office of the Solicitor 

Barry Roth, Associate Solicitor, Office of the Solicitor 

U.S. Fish and Wildlife Service 

Charles Houghten, Regional Realty Officer (Team Leader) 

Laura Beauregard, Natural Resource Planner 

Dave Hoy, Cartographer 

Kay Kier-Haggenjos, Writer/Editor 

Megan Nagel, Public Affairs Officer 

Kevin O’Hara, Conservation Planner 

Charlie Parrott, Realty Specialist 

Susan White, Monuments Superintendent of Operations Pacific Marine National Monuments 

Lee Ann Woodward, Resource Contaminants Specialist 

U.S. Department of Commerce, National Oceanic and Atmospheric Administration 

(NOAA) 

Lois J. Schiffer, General Counsel, Office of General Counsel 

Frederick Tucher, Chief, Office of General Counsel, Pacific Islands Section 

NOAA Fisheries 

Heather Sagar, Senior Policy Advisor (Team Leader) 

Samantha Brooke, Monuments Program Manager 

Kate Naughten, Director, Office of Communications and External Affairs 

Commonwealth of the Northern Mariana Islands Team 

Kate B. Fuller, Assistant Attorney General (Team Leader) 

Megan Jungwiwattanaporn, Federal Consistency, Coastal Resources Management Office 

Manuel Pangelinan, Director, Division of Fish and Wildlife 

Jim Pruitt, Staff Archaeologist, Historic Preservation Office 

Teresita Sablan, Assistant Attorney General, Consumer Counsel 

Lainie Zarones, Manager Endangered Species Program, Department of Lands and Natural 

Resources 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

38 Final Environmental Assessment 

This document continues on the next page. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 39 

CHAPTER 6. RESPONSE TO PUBLIC COMMENTS 

The substative comments we received during the public comment period and our responses 

follow according to subject matter. Comments concerning technical or minor edits are not 

discussed here, but were incorporated where relevant into this Final EA. 

6.1 FUTURE MANAGEMENT OF THE SUBMERGED LANDS

Comment: The preferred alternative as discussed in the EA would not convey true ownership or 

any meaningful management authority to the CNMI. 

Response: The proposed action would result in true ownership of the conveyed lands, and 

meaningful management authority for CNMI. The proposed action of entering into a 

Memorandum of Agreement (MOA) between the Government of the CNMI and the federal 

government ensures that management of the transferred lands is consistent with Presidential 

Proclamation (PP) 8335, thereby, allowing for the conveyance of the submerged lands and 

associated mineral rights of the United States to the CNMI Government. Upon conveyance, the 

CNMI would own the submerged lands. 

The MOA details how management of the conveyed lands will be coordinated between the 

CNMI and the federal agencies through the development of the Marianas Trench Marine 

National Monument Management Plan (MMP). The Monument’s MMP is currently being 

developed, it will include and recognize the authorities of CNMI as well as the federal agencies. 

The CNMI Government has been deeply involved with developing the MMP, which includes the 

transfer area. The CNMI-designated Monument manager and staff from CNMI’s Department of 

Lands and Natural Resources (DLNR) and Bureau of Environmental & Coastal Quality (BECQ) 

are working closely with federal planners to develop an MMP that meets the needs and interests 

of the CNMI people. The Marianas Trench Monument Advisory Council is also involved in the 

MMP planning process, and provides advice and comments. 

A joint permitting process, to be proposed in the draft MMP, would stipulate continued CNMI 

management authority and jurisdiction within the transferred area. The proposed management 

coordination team would require the participation of the CNMI Manager in decision-making for 

the Monument. We made no changes to the EA as a result of this comment. 

6.2 RANGE OF ALTERNATIVES

Comment: Add an alternative that would transfer the submerged lands within the 0-3 miles area 

to CNMI, unencumbered by any coordination of management agreement, contingent upon the 

passage of appropriate local legislation to add the transferred submerged lands to the 

conservation islands of Uracus, Asuncion, and Maug. Under this alternative, “the federal 

government will have no direct future involvement.” 

Response: PP 9077 allows for the transfer of the submerged lands when the Secretary of the 

Interior, the Secretary of Commerce, and the Government of the Commonwealth of the Northern 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

40 Final Environmental Assessment 

Mariana Islands have entered into an agreement for coordination of management that ensures the 

protection of the Monument within the area to be conveyed. The agreement is the MOA 

(Appendix A) that all parties will enter into at the time of the transfer. 

The purpose of and need for the proposed action is to complete the transfer under terms and 

conditions that ensure the submerged lands are managed in a manner consistent with the resource 

protection provisions of PP 8335 and the coordination of management provisions of PP 9077. An 

alternative that is contingent on future local legislation that does not address coordination of 

management does not meet the dual purpose of the proposed action and does not satisfy the 

requirement of PP 9077 to complete a coordination of management agreement. 

In response to the additional comment that “the federal government will have no direct future 

involvement” in management of the transferred lands; that would not meet the purpose of and 

need for the proposed action, because the lands would be transferred without an agreement 

which would be contrary to the requirements of PP 9077. Alternatives that do not meet the 

purpose and need for the proposed action are not analyzed in National Environmental Policy Act 

(NEPA) documents, therefore, we made no changes to the EA as a result of this comment 

6.3 ESTABLISHMENT OF THE MARIANA ARC OF FIRE NATIONAL WILDLIFE 

REFUGE

Comment: The Refuge is not explicitly mentioned in Secretary’s Order 3284 that designated the 

Service as manager of the Islands and Volcanic units. What is the establishment document for 

the Mariana Arc of Fire National Wildlife Refuge? 

Response: PP 8335 established the Monument and identified three management units—the 

Islands Unit, Volcanic Unit, and Trench Unit. Among other directives, Secretary’s Order 3284 

specified that the Volcanic Unit is to be managed as a unit of the National Wildlife Refuge 

System. Because of that direction, the Service administers the Monument’s Volcanic Unit as the 

Mariana Arc of Fire National Wildlife Refuge. Therefore, Secretary’s Order 3284 established the 

Volcanic Unit, now known as the Mariana Arc of Fire National Wildlife Refuge, as a unit of the 

National Wildlife Refuge System. Text clarifying how the Mariana Arc of Fire National Wildlife 

Refuge was established has been added to Section 1.1 of the EA.

6.4 HISTORIC SHIPWRECKS

Comment: Section 3.2.8 (Shipwrecks) of Appendix C, the Draft Environmental Baseline Survey, 

is based on dated information (Carrell 1991), an update (Carrell 2009) is available. The updated 

report identified 68 shipwrecks in the Mariana Islands (including Guam) between 1552 and 

1899, and 60 documented ship losses in and around the Northern Marianas archipelago during 

WWII. 

Response: No specific locations of shipwrecks that would qualify for historic preservation have 

been identified within the Monument boundaries to date. The majority of Carrell (2009) was 

focused around Saipan and the inhabited islands and not the subject submerged lands. Based on 

the historical records, we agree that there is definitely the potential for shipwrecks to be 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 41 

discovered in the future. Wartime reports suggest there may be WWII-era vessels that ended up 

on the seafloor within Monument boundaries, however, none of these reports have been verified. 

We made no changes to the EA as a result of this comment. 

6.5 CORAL SPECIES

Comment: The Department of the Navy’s Mariana Islands Training and Testing Final 

Environmental Impact Statement identified four species of ESA-listed coral which may be 

present. The Draft EA identifies only three, and did not include Acropora tenella. 

Response: NOAA has determined that Acropora tenella has not yet been confirmed in any U.S. 

jurisdictions in the Indo-Pacific (www.fpir.noaa.gov/Graphics/PRD/Coral/Acropora_tenella.pdf). 

We made no changes to the EA as a result of this comment. 

6.6 MARINE MAMMAL PROTECTION ACT

Comment: The discussion of the Marine Mammal Protection Act (MMPA) addressed 

commercial fishing impacts when there are none occurring in the area, but did not address 

noncommercial fishing. 

Response: We agree that the discussion of commercial fishing impacts is not needed, because 

commercial fishing is not allowed in the Monument including the transfer area, therefore, we 

deleted it. We modified the text to read that under both alternatives, activities (e.g., 

noncommercial fishing and scientific research) that result in incidental or directed take of marine 

mammals will be subject to review and authorization under the MMPA, as appropriate. 

6.7 USFWS JURISDICTION OF MIGRATORY BIRDS

Comment: Section 5.2.3 Endangered Species Act, lists the jurisdiction of NOAA and USFWS 

for marine mammals, fish, and invertebrates and plants, but does not mention birds. 

Response: Under the ESA, the Service has primary responsibility for terrestrial and freshwater 

species and shares jurisdiction with NOAA for interjurisdictional fish. Beyond the ESA, the 

Service has statutory authority and responsibility for enforcing the Migratory Bird Treaty Act 

(16 U.S.C. 703-712), which implements Conventions between the United States, Canada, 

Mexico, Japan, and Russia for the protection of migratory birds. 

In accordance with the Migratory Bird Treaty Reform Act of 2004, we include all species native 

to the United States or its territories, which are those that occur as a result of natural biological or 

ecological processes (See 70 FR 12710, March 15, 2005). We do not include nonnative species 

whose occurrences in the United States are solely the result of intentional or unintentional 

human-assisted introduction(s). We modified section 5.2.3 that describes our jurisdiction under 

the ESA and the protection of migratory birds under the Migratory Bird Treaty Act. 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

42 Final Environmental Assessment 

6.8 RESERVED RIGHTS OF THE TRANSFER OF SUBMERGED LANDS ACT (TSLA)

Comment: The reserved right of “navigational servitude and powers of regulation for purposes 

of commerce, navigation, national defense, and international affairs” from 48 U.S.C. §1706(c) is 

discussed and protected in the Draft EA, but not the following subsections (a), (b), and (d), 

which should be included. 

(a) “Establishment of naval defense sea areas and airspace reservations;” 

(b) “Navigation; flood control; power production;” and 

(d) “Status of lands beyond the three-mile limit.” 

Response: We agree that all reserved rights under the TSLA should be identified in the EA, and 

we have modified the text in section 2.2 (our Preferred Alternative) to include the three other 

subsections of the TSLA. 

Comment: The reserved rights described in §1706 of the TSLA should be added to the sentence 

describing the purpose of the MOA. 

Response: The purpose of the MOA is to establish an agreement for the coordination of 

management of the NISL consistent with PP 8335 and 9077. While TSLA §1706 reserved rights 

are described and protected through the EA, they are not a purpose of the MOA. We made no 

changes to the EA or MOA as a result of this comment. 

6.9 COMPLIANCE WITH PRESIDENTIAL PROCLAMATION 8335

Comment: USFWS should expand upon the verbiage addressing Armed Forces activities by 

including the following text: “Through the analysis conducted in conjunction with the Navy 's 

Marianas Islands Training and Testing EIS and MMPA/ESA authorizations issued in 2015, the 

Armed Forces are acting consistent with the Proclamation and have ensured adoption of 

appropriate measures so far as reasonable and practicable to protect Monument resources while 

not impairing training and testing activities that could occur in the Monument.” 

Response: A NEPA analysis properly evaluates the reasonably foreseeable impacts of a 

proposed action, both individually and cumulatively, on the quality of the human environment. 

While we expect all federal agencies to act consistent with the requirements of PP 8335, 

statements of policy are not appropriate in a NEPA analysis. We made no changes to the EA as a 

result of this comment. 

6.10 OLIVE RIDLEY SEA TURTLES

Comment: Olive ridley sea turtles are identified in Table 1 (Species listed under the ESA that 

may occur in the NISL) and described in the text on threatened and endangered (T&E) species as 

“may be present” but they are not discussed in section 3.2.6 Sea Turtles, where it states “three 

turtle species are known to occur.” Olive ridley sea turtles should not be identified on Table 1 or 

in the text on T&E species, because they have not been observed there; or alternatively, add them 

to the discussion of turtles (Section 3.2.6) with the caveat that they may occur in the NISL. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 43 

Response: The discussion of turtles under 3.2.8 Threatened and Endangered Species and Table 

1, identifies species that “may be” present in the NISL. By virtue of the highly migratory 

behavior of adult turtles, the olive ridley turtle may occur in the area because the Islands Unit 

boundaries fall within its worldwide range within the tropical regions of the Pacific, Atlantic, and 

Indian Oceans. We agree that no sightings have been documented within the NISL boundaries. 

Our discussion of sea turtles in section 3.2.6 focuses on the turtle species documented to occur in 

the NISL. Adding a discussion of the olive ridley sea turtles to Section 3.2.6 is not needed, 

because they are not known to occur in the NISL. We made no changes to the EA as a result of 

this comment. 

6.11 ANALYSIS OF IMPACTS

Comment: Chapter 3, Affected Environment, states: “discharge of materials into the air and 

water, including anchoring of vessels, resulting in a negligible effect to these resources.” 

Conversely, section 2.4 states: “No impacts would be expected to the physical resources such as 

air and water quality, climate patterns, or minerals.” These statements are inconsistent regarding 

analysis of air and water quality. 

Response: We agree that the language in the two sections creates a discrepancy. In the EA we 

modified the text in section 2.4 to read that negligible impacts are expected to the physical 

resources such as air and water quality, climate patterns, or minerals because the proposed action 

would ensure that the conveyed submerged lands are not physically altered and are managed 

consistently with the Proclamation. 

6.12 CRITICAL HABITAT

Comment: Section 3.2.1, Coral Reef Habitat, does not state whether or not these are critical 

habitats under the ESA. 

Response: The Endangered Species Act Section 7 Consultation (Appendix B) states that there is 

no critical habitat in the NISL. To further clarify, we added section 3.2.9 Critical Habitat to the 

EA, which states that there is no designated or proposed critical habitat within the transfer area. 

6.13 NEW SURVEY INFORMATION

Comment: Additional surveys conducted by the Navy and NOAA’s Pacific Islands Fisheries 

Science Center (PIFSC) have been conducted in the Mariana Archipelago since the EA was 

drafted, and should be reviewed for additional information. 

Response: A review of recent reports available through PIFSC and the U.S. Navy do not reveal 

site-specific information that would either support or contradict a decision to transfer the NISL to 

the CNMI. No changes were made to the Final EA as a result of this comment. 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

44 Final Environmental Assessment 

6.14 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 

LIABILITY ACT (CERCLA)

Comment: The discussion of the Comprehensive Environmental Response, Compensation, and 

Liability Act (CERCLA) (Section 5.2.5) states that there are areas where release of hazardous 

materials has occurred but at concentrations that do not require removal, but the next sentence 

says no hazardous substances are known within the NISL that would warrant an Area Type 2 

designation. The commenter thought these statements were inconsistent unless they were 

referencing two distinct areas. 

Response: While no hazardous substances are known within the NISL, the unknown 

circumstances of marine debris and the remote location leaves open the possibility that 

hazardous materials may have migrated into the NISL at one time, which warrants an Area Type 

3 designation. We clarified section 5.2.5, paragraph 2, in response to this comment. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Final Environmental Assessment 45 

CHAPTER 7. REFERENCES 

Amesbury, S. and Coleson J. 1996. Fish surveys at Maug and Pagan in the Northern Mariana 

Islands, January 1996. Report to the CNMI Coastal Resources Management Office, 

December 1996. 15 pp. 

Brainard R.E., J. Asher, V. Blyth-Skyrme, E.F. Coccagna, K. Dennis, M.K. Donovan, J.M. 

Gove, J. Kenyon, E.E. Looney, J.E. Miller, M.A. Timmers, B. Vargas-Ángel, P.S. Vroom, O. 

Vetter, B. Zgliczynski, T. Acoba, A. DesRochers, M.J. Dunlap, E.C. Franklin, P.I. FisherPool, C.L. Braun, B.L. Richards, S.A. Schopmeyer, R.E. Schroeder, A. Toperoff, M. 

Weijerman, I. Williams, R.D. Withall. 2012. Coral reef ecosystem monitoring report of the 

Mariana Archipelago: 2003-2007. NOAA Fisheries, Pacific Islands Fisheries Science Center, 

PIFSC Special Publication, SP-12-01, 1019 pp. 

Donaldson, T., R. Myers, J. Schupp, and P. Schupp. 1994. Zoogeography of the fishes of the 

Mariana, Ogasawara and Izu Islands: a preliminary assessment. Nat. Hist. Res., Special Issue 

1: 303-332. 

Dutton, P., B. Bowen, D. Owens, A. Barragán, and S. Davis. 1999. Global phylogeography of 

the leatherback turtle (Dermochelys coriacea). Journal of Zoology. 248:397–409. 

Eldredge, L., R. Tsuda, P. Moore, M. Neudecker, and S. Neudecker. 1977. A natural history of 

Maug, Northern Mariana Islands. University of Guam Marine Laboratroy Technical Report 

43, 86 pp. 

Eldredge, L. 1983. Summary of environmental and fishing information on Guam and the 

Commonwealth of the Northern Mariana Islands: historical background, description of the 

islands, and review of the climate, oceanography, and submarine ecology. NOAA Technical 

Memorandum Number 40. 40 pp. 

Fulling G., P. Thorson, and J. Rivers. 2011. Distribution and Abundance Estimates for Cetaceans 

in the Waters off Guam and the Commonwealth of the Northern Mariana Islands. Pac Sci 

65(3): 321-343. 

Heron, S.F., L. Johnston, G. Liu, E.F. Geiger, J.A. Maynard, J.L. De La Cour, S. Johnson, R. 

Okano, D. Benavente, T.F.R. Burgess, J. Iguel, D.I. Perez, W.J. Skirving, A.E. Strong, K. 

Tirak, and C.M. Eakin. 2016. Validation of Reef-Scale Thermal Stress Satellite Products for 

Coral Bleaching Monitoring. Remote Sensing 8(1). 

Hunter, C. 1995. Review of the status of coral reefs around American flag Pacific islands and 

assessment of need, value, and feasibility of establishing a coral reef fishery management 

plan for the western Pacific region. Final Report prepared for the Western Pacific Regional 

Fishery Management Council. 

Kotowicz, D., and L. Richmond. 2013. Traditional Fishing Patterns in the Marianas Trench 

Marine National Monument. Pacific Islands Fish Sci. Cent., National Marine Fisheries 

Service, NOAA, Honolulu, HI. 96822-2396. Pacific Islands Fish Sci. Cent. Admin. Rep. H13-05. 54pp. 

McKeown, A. 1977. Marine Turtles of the Solomon Islands. Honiara, Ministry of Natural 

Resources, Fisheries Division. 47 pp. 

Myers, R. 1988. An annotated checklist of the fishes of the Mariana Islands. Micronesica 21, p. 

115-180. 

National Marine Fisheries Service (NMFS). 1991. Recovery plan for the humpback whale 

(Megaptera novaeangliae). Prepared by the Humpback Whale Recovery Team for the 

National Marine Fisheries Service, Silver Spring, Maryland. 105 pp. 
 Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

46 Final Environmental Assessment 

National Marine Fisheries Service (NMFS). 1998. Recovery plan for the blue whale 

(Balaenoptera musculus). Prepared by Reeves R.R., P.J. Clapham, R.L. Brownell, Jr., and 

G.K. Silber for the National Marine Fisheries Service, Silver Spring, MD. 42 pp. 

National Marine Fisheries Service (NMFS). 2011. Final Recovery Plan for the Sei Whale 

(Balaenoptera borealis). National Marine Fisheries Service, Office of Protected Resources, 

Silver Spring, MD. 108 pp. 

National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS). 1998a. 

Recovery Plan for U.S. Pacific Populations of the Green Turtle (Chelonia mydas). National 

Marine Fisheries Service, Silver Spring, MD. 

National Marine Fisheries Service (NMFS). 2010a. Recovery plan for the sperm whale (Physeter 

macrocephalus). National Marine Fisheries Service, Silver Spring, MD. 165 pp. 

National Marine Fisheries Service (NMFS). 2010b. Recovery plan for the fin whale 

(Balaenoptera physalus). National Marine Fisheries Service, Silver Spring, MD. 121 pp. 

National Marine Fisheries Service (NMFS). 2014. Endangered and Threatened Wildlife and 

Plants; Threatened and Endangered Status for Distinct Population Segments of Scalloped 

Hammerhead Sharks; Final Rule. Federal Register Vol. 79: 38241. 

National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS). 

1998b. Recovery Plan for U.S. Pacific Populations of the Leatherback Turtle (Dermochelys 

coriacea). National Marine Fisheries Service, Silver Spring, MD. 

National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS). 1998c. 

Recovery Plan for U.S. Pacific Populations of the Hawksbill Turtle (Eretmochelys 

imbricata). National Marine Fisheries Service, Silver Spring, MD. 

Pacific Islands Fisheries Science Center (PIFSC). 2013. Cetacean surveys in the waters of the 

southern Mariana Acrhipelago. NOAA Pacific Islands Fisheries Science Center , PIFSC Data 

Report DR-13-005. 

Rohmann, S., J. Hayes, R. Newhall, M. Monaco, and R. Grigg. 2005. The area of potential 

shallow-water tropical and subtropical coral ecosystems in the United States. Coral Reefs 24: 

370-383. DOI 1.1007/s00338-005-0014-4. 

Stramer, J. (editor). 2008. The State of Coral Reef Ecosystems of the Commonwealth of the 

Northern Mariana Islands. pp 437-463. In: J.E. Waddell and A.M. Clarke (eds.), The State of 

Coral Reef Ecosystems of the United States and Pacific Freely Associated States: 2008. 

NOAA Technical Memorandum NOS NCCOS 73. NOAA/NCCOS Center for Coastal 

Monitoring and Assessment’s Biogeography Team. Silver Spring, MD. 569 pp. 

Tillman, M.F. 1977. Trends in abundance of sperm whales in three areas of the North Pacific. 

Rep. Int. Whal. Commn. 27:343-350. 

U.S. Fish and Wildlife Service (USFWS). 1970. Title 540 – Wildlife and Fisheries. Part 17 – 

Conservation of Endangered Species and other Fish and Wildlife. Federal Register 35:8491-

8498. 

Western Pacific Regional Fishery Management Council (WPRFMC). 1997. An assessment of 

the status of the coral reef resources, and their patterns of use, in the U.S. Pacific Islands. 

Western Pacific Regional Fishery Management Council Final Report prepared under NOAA 

Cooperative Agreement No. NA67AC0940. 395 pp. 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

Appendix A. Memorandum of Agreement 47 

APPENDIX A. MEMORANDUM OF AGREEMENT 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

48 Appendix A. Memorandum of Agreement 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix A. Memorandum of Agreement 49 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

50 Appendix A. Memorandum of Agreement 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix A. Memorandum of Agreement 51 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

52 Appendix A. Memorandum of Agreement 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix A. Memorandum of Agreement 53 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

54 Appendix A. Memorandum of Agreement 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix A. Memorandum of Agreement 55 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

56 Appendix A. Memorandum of Agreement 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix A. Memorandum of Agreement 57 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

58 Appendix A. Memorandum of Agreement 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix A. Memorandum of Agreement 59 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

60 Appendix A. Memorandum of Agreement 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

Appendix B. Patent 61 

APPENDIX B. PATENT 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

62 Appendix B. Patent 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

Appendix B. Patent 63 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

64 Appendix B. Patent 

This document continues on the next page. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

Appendix C.Endangered Species Act Section 7 Consultation 65 

APPENDIX C. ENDANGERED SPECIES ACT SECTION 7 

CONSULTATION 

Project: Conveyance of the Northern Islands Submerged Lands to the Commonwealth of 

the Northern Mariana Islands 

Refuge: Pacific Reefs National Wildlife Refuge Complex 

Marianas Trench Marine National Monument 

Address: 300 Ala Moana Boulevard 

Room 5-231, Box 50167 

Honolulu, Hawai‘i 96850 

Phone: (808) 792-9560 

Proposed Action: The United States Department of the Interior proposes to convey lands of the 

United States that are permanently or periodically covered by tidal waters up to the mean low 

water line and extending three nautical miles seaward from the mean high tide line of Farallon de 

Pajaros, Maug, and Asuncion and associated mineral rights to the Commonwealth of the 

Northern Mariana Islands (CNMI). 

As per Presidential Proclamation the Secretary of the Interior currently has management 

responsibility for the monument, in consultation with the Secretary of Commerce, except that the 

Secretary of Commerce shall have primary management responsibility, in consultation with the 

Secretary of the Interior, 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 authorities. 

1. Project Overview 

1.1 Project Location 

The project is located in the Islands Unit of the Marianas Trench Marine National Monument 

(Monument). The boundaries of the Monument are described in Presidential Proclamation (PP) 

8335 and are shown in Appendix A, Figure 1. The subject areas are the submerged lands and 

waters, and their associated resources, that are permanently or periodically covered by tidal 

waters up to the of mean low water line and extending seaward to a line three nautical miles 

distant from the mean high tide line of Farallon de Pajaros, Maug, and Asuncion (including the 

area within the center of Maug’s islands). The subject area, submerged lands and their overlying 

water column, are hereby referred to as the Northern Islands Submerged Lands (NISL). The 

boundaries of the NISL are shown in Appendix A, Figures 1-2. 

As trustee for the United States, the U.S. Fish and Wildlife Service (USFWS) has jurisdiction 

and control of all Monument resources of the Islands Unit, except that the National Oceanic and 

Atmospheric Administration (NOAA) has primary jurisdiction and control of the fisheriesrelated activities. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

66 Appendix C. Endangered Species Act Section 7 Consultation 

1.2 Description of the Proposed Action 

The United States Department of the Interior would convey jurisdiction and control of the NISL 

to the government of CNMI via a patent with a reserved easement. Jurisdiction and control 

includes the benthic resources, the living marine resources of the associated water column, and 

the associated mineral rights within and subterranean of the NISL. Upon conveyance of the 

submerged lands, CNMI would put into place lasting protections to ensure that the permanent 

care and management of the benthic and subterranean resources of the NISL as well as the living 

marine resources of the NISL overlying water column would be consistent with PP 8335, as 

required by PP 9077. The Department of the Interior would reserve an easement to ensure that 

the monument resources are forever maintained consistent the PP 8335 and PP 9077, unless such 

conservation status is withdrawn by an Act of Congress.. 

The proposed action consists of two interrelated actions. 

 The Secretaries and the CNMI Government would develop and sign a MOA that 

establishes the terms and conditions for the coordination of management of the NISL. 

Such coordination would include CNMI coordinating their management within their 

NISL area of jurisdiction with the USFWS and NMFS’s respective areas of jurisdiction; 

and USFWS and NMFS coordinating the management of their respective authorities of 

jurisdiction in the 3 to 50 nautical miles (~80.5 to ~92.6 km) area beyond the NISL with 

each other and CNMI, consistent with PP 8335. 

 DOI would develop a patent with a reserved easement that requires management of the 

NISL consistent with PP 8335. 

Upon conveyance by the United States of the NISL to CNMI, and at the request of the CNMI 

Government, the USFWS and NOAA would continue management responsibilities for the 

conveyed submerged lands, in consultation with the CNMI Government, until such time that the 

CNMI Government notifies the Interior and Commerce Secretaries of its intent to assume either 

all or a portion of the management responsibilities of the conveyed submerged lands, and the 

effective date of such assumption. During this period, USFWS and NOAA would continue to 

consult with the CNMI Government on management of the conveyed submerged lands. 

Upon assuming management responsibilities, and in coordination with USFWS and NOAA, 

CNMI would manage the NISL consistent with the purposes and requirements of PP 8335 and 

PP 9077, the Commonwealth Constitution, and other applicable laws. DOI would reserve an 

easement for the United States to ensure that the MTMNM resources are forever maintained 

consistent with PP 8335 and PP 9077. 

The Memorandum of Agreement establishes the principles for the future coordination of 

management of the NISL which would: 

 preserve and protect natural resources, including, but not limited to bird, wildlife, and 

plant species as required by the section 2 of Article XIV of the Commonwealth 

Constitution; 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

Appendix C. Endangered Species Act Section 7 Consultation 67 

 recognize that the Monument is a place of maritime cultural significance for the 

Chamorro and Carolinian residents with cultural connections throughout the Mariana 

Islands by managing, to the extent compatible with the conservation and management 

goals of PP 8335, the Monument resources within the NISL in a manner that honors the 

unique heritage of the indigenous cultures; 

 provide protections for resources when there is uncertainty regarding impacts of activities 

that are to be permitted in the NISL; 

 prohibit the appropriation, injury, destruction, or removal of any Monument object or 

resource within the NISL, except as may be allowed under PP 8335; 

 permit scientific exploration and research within the Monument in a manner consistent 

with PP 8335; 

 permit sustenance, recreational, and traditional indigenous fishing in a sustainable fashion 

consistent with PP 8335 and applicable laws; 

 prohibit commercial fishing and mineral extraction; 

 adopt best practices for an adaptive management approach that incorporates conservation 

management strategies, scientific principles, and traditional ecological knowledge; 

 consider scientific exploration, research advances, and technology to learn about and 

develop greater understanding of the Monument objects and resources; 

 enhance public appreciation of the unique character and environment of the Monument, 

and promote conservation management of these areas through outreach and education 

activities; 

 establish effective monitoring of and enforcement for permitted activities; 

 allow for innocent passage in the NISL and would not otherwise restrict navigation, 

overflight, and other internationally recognized lawful uses of the sea; and 

 maintain consistency with provisions of PP 8335 regarding actions of the Armed Forces 

and international law. 

The patent would reserve to the United States an easement in perpetuity to ensure that the lands 

and resources conveyed to the government of CNMI are forever managed and maintained for the 

protection of the resources of the Monument as directed in PP 8335, unless such conservation 

status is withdrawn by an Act of Congress. The United States and the government of CNMI 

would be bound by the terms of the easement which stipulates that the NISL would be 

maintained by CNMI consistent with the Monument or other federal conservation status of 

adjacent federal submerged lands. No commercial fishing or development of the NISL would be 

authorized or allowed to take place in the navigable waters overlaying the NISL. 

Nothing in the easement would limit the rights of the Government of CNMI to manage 

sustenance, recreational, and traditional indigenous fishing within the NISL as a sustainable 

activity in accordance with PP 8335 or conduct or to authorize to undertake bona fide scientific 

research, nor would it limit the rights of CNMI and DOI and DOC for coordination of their 

respective management as set forth in the MOA. Nothing in the easement would limit the 

reserved rights of the United States as set forth in section 2 of Public Law 93-435, as amended 

by Public Law 113-34. In addition, nothing in the easement would require the Government of 

CNMI to manage or maintain a more protective conservation regime with respect to the NISL 

and associated natural resources than that regime authorized by applicable federal law for the 

adjacent federal submerged lands and associated natural resources. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

68 Appendix C. Endangered Species Act Section 7 Consultation 

Persons duly authorized by the Secretary of the Interior or the Secretary of Commerce to enter 

lands covered by the easement for scientific purposes, for inspection, or for any purpose related 

to ensuring enforcement of the easement would be allowed unfettered access upon advance 

notice to the government of CNMI. In the case of emergencies, such access would be allowed 

without prior notification, provided that such notice is given to the government of CNMI at the 

next earliest practicable opportunity. 

Upon conveyance of the NISL, CNMI would have ownership of the submerged lands, and 

various rights with respect to the associated waters, and the monument resources contained 

therein, and which would be managed consistent with PP 8335. Although primary management 

responsibility is vested in CNMI, the United States through the MOA and the reserved easement 

within the patent would be able to continue to ensure the protection of Monument resources 

within the NISL. In addition, the Secretaries would be able to take appropriate actions to protect 

various Monument resources pursuant to such non-place-based authorities as the Endangered 

Species Act and the Marine Mammal Protection Act. 

As directed by PP 8335, NOAA and USFWS would prepare a Monument Management Plan 

(MMP) for the proper care and management of the objects identified in PP 8335, and invite the 

CNMI Government to participate as a cooperating agency in developing the plan. The 

Secretaries of Commerce and the Interior would incorporate into the MMP provisions for 

coordination of management in protecting the coral reef ecosystems and related marine, cultural 

and historic resources, and objects of historic or scientific interest of the Monument. 

1.3 Action Area 

The Action Area is the NISL, which includes the lands that are permanently or periodically 

covered by tidal waters up to, but not above, the mean low water line, and extending three 

nautical miles seaward, from the mean high tide lines of Farallon de Pajaros, Maug, and 

Asuncion in the CNMI, including the area inside the islands of Maug. 

Farallon de Pajaros, Maug, and Asuncion are the northern most islands of the Mariana 

Archipelago. The Archipelago formed within the last 5 million years by the subduction of the 

Pacific Plate under the Philippine Plate at the Mariana Trench. The islands are active or dormant 

stratovolcanoes. The seafloor and land are characterized by moderate to steep slopes that have 

been shaped by periodic explosive eruptions and landslides. The steep onshore and offshore 

slopes, narrow ridges, and few offshore terraces, result in total potential reef areas that are much 

smaller relative to the southern islands of the archipelago. 

Coral reefs and other benthic substrates of the Islands Unit are important habitats for a variety of 

fish species. The reef fish found around the Mariana Archipelago have been described as 

representative of the wider Indo-Pacific fauna. The majority of species found there are 

widespread throughout the Indo-Pacific region. 

Typical of many isolated islands and atolls, the number and sizes of apex-predators per unit area 

is much higher in the Islands Unit than in the waters around the inhabited southern islands of the 

Marianas Archipelago. Large numbers of apex predators indicate a naturally flourishing 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

Appendix C. Endangered Species Act Section 7 Consultation 69 

ecosystem at every trophic level in the food chain. Sharks, snappers, and jacks are found in 

abundance around the islands of Farallon de Pajaros, Maug, and Asuncion. 

1.4 Project Timeline 

The NISL is scheduled to be conveyed to CNMI in the fall of 2016. 

1.5 Federally Listed Species and Critical Habitat 

1.5.1 Listed Species 

Species listed under the Endangered Species Act that may occur in the Action Area are provided 

in Table 1. 

Table 1. Species listed under the Endangered Species Act that may occur in the Action 

Area 

Common Name Scientific Name ESA Status* 

Hawaiian petrel Pterodroma sandwichensis E 

Newell’s shearwater Puffinus auricularis T 

Short-tailed albatross Phoebastria albatrus E 

Blue whale Balaenoptera musculus E 

Fin whale Balaenoptera physalus E 

Humpback whale Megaptera novaeangliae E 

Sei whale Balaenoptera borealis E 

Sperm whale Physeter macrocephalus E 

Green sea turtle Chelonia mydas T 

Hawksbill turtle Eretmochelys imbricata E 

Leatherback turtle Dermochelys coriacea E 

Loggerhead sea turtle Caretta caretta E 

Olive Ridley sea turtle Lepidochelys olivacea T 

Scalloped hammerhead shark Sphyrna lewini T 

Needle coral Seriatopora aculeata T 

No common name Acropora globiceps T 

Blunt coral Acropora retusa T 

* E = Endangered; T = Threatened 

The species list provided by USFWS Ecological Services included the Micronesian megapode 

(Megapodius laperouse) (Endangered), Mariana fruit bat (Pteropus mariannus mariannus) 

(Threatened), and Marianas/Slevin's skink (Emoia slevini) (Proposed for Listing). These species 

are all terrestrial and do not forage or otherwise use the marine environment, and would not 

occur in the Action Area. 

Critical Habitat 

There is no designated critical habitat within the action area. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

70 Appendix C. Endangered Species Act Section 7 Consultation 

1.5.2 Proposed Species and/or Proposed Critical Habitat 

There are no species proposed for listing that are known to occur in the action area. There is no 

proposed critical habitat within the action area. 

1.5.3 Candidate Species. 

There are no species that are candidates for listing that are known to occur in the action area. 

2. Effects Analysis 

The proposed action would have no effect on the listed species occurring within the Action Area. 

Currently, the waters and the submerged lands surrounding the three islands are managed as part 

of the Islands Unit of the Monument. PP 8335 which established the Monument stated as one of 

its purposes the lasting protection of the marine environment around the islands of Farallon de 

Pajaros, Maug, and Asuncion. In establishing the Monument, PP 8335 noted that “it is in the 

public interest to preserve the known volcanic areas of the Mariana Ridge, the marine 

environment around the islands of Farallon de Pajaros, Maug, and Asuncion in the 

Commonwealth of the Northern Mariana Islands, and the Mariana Trench for the care and 

management of the scientific objects therein.” 

As directed by PP 8335, submerged lands that are subsequently granted by the United States to 

CNMI, would remain controlled by the United States under the Antiquities Act as part of the 

Monument. As such, future management of the NISL must comply with the findings and 

stipulations of PP 8335 including not allowing or permitting “any appropriation, injury, 

destruction, or removal of any feature of this monument except as provided for by this 

proclamation or as otherwise provided for by law.” 

The three actions included under the proposed action (the Memorandum of Agreement, the 

patent with the reserved easement, and the MMP) would ensure that the NISL are managed 

consistent with the requirements of PP 8335 and be forever managed and maintained for the 

protection of the resources contained therein. 

Because conveyance of the NISL would maintain current management of the Action Area and 

maintain the environmental baseline in conformance with PP 8335, the proposed conveyance 

would have no effect on the listed species within the action area. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

Appendix D. Environmental Baseline Survey 71 

APPENDIX D. ENVIRONMENTAL BASELINE SURVEY 

Location: Submerged lands surrounding the Northern Mariana Islands of Maug, Farallon de 

Pajaros, and Asuncion 

Area Name: Northern Mariana Islands Submerged Lands (NISL) 

Project: Proposed NISL Transfer to the Commonwealth of the Northern Mariana Islands 

(CNMI) 

Issued by: U.S. Fish and Wildlife Service 

Marianas Trench Marine National Monument 

Date: April 9, 2015 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

72 Appendix D. Environmental Baseline Survey 

Content 

Executive Summary 73 

Introduction 74 

1.1. Objective/Purpose 74 

1.2. EBS Classification 74 

1.3. Assumptions and Limitations 75 

2. Site Description 76 

2.1. Site Location 76 

2.2. Site Physical Description 78 

2.3. Site and Vicinity Characteristics 78 

2.4. Other Site Features 84 

3. Site History 93 

3.1. Current Use(s) 93 

3.2. Past Use(s)/Ownership 95 

4. Review of Regulatory Information 102 

4.1. Federal Environmental Records 102 

4.2. State and Tribal Environmental Records 102 

5. Environmental Condition Overview 104 

5.1. Chemicals/Hazardous Substances 104 

6. Findings and Conclusions 106 

7. Deviations 106 

8. Professional Qualifications 107 

9. References 1108 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 73 

Executive Summary 

The U.S. Fish and Wildlife Service (Service) has prepared this Environmental Baseline Survey 

(EBS) in preparation for the transfer of submerged lands (herein referred to as the “Property”) to 

the Commonwealth of the Northern Mariana Islands Government. The Property is submerged 

lands, below the mean low water line out to 3 nautical miles seaward of three separate islands, 

Maug, Farallon de Pajaros, and Asuncion, located in the northernmost reaches of the Northern 

Mariana Islands chain. The purpose of this EBS is to document the environmental condition of 

the property, pursuant to the Comprehensive Environmental Response, Compensation, and 

Liability Act’s (CERCLA) pre-transfer requirements. 

This EBS was prepared in conformance with the American Society for Testing and Materials 

(ASTM) Designation D 6008-96 (2005), Standard Practice for Conducting Environmental 

Baseline Survey. The Property is currently designated as territorial submerged lands, owned by 

the United States. 

The area of the Property is approximately 171 square miles. Due to the remoteness of the 

location, vast size of the area, and the nature of submerged lands, there were several limitations 

with inspecting the Property directly. However, a few recent surveys of submerged lands near the 

emergent lands, and hence most likely impacted areas of the Property, were available and are 

referenced in this EBS. 

The Property consists solely of submerged lands and, as such, is and has always been 

uninhabited. The abutting emergent lands have historically been uninhabited as well, with a few 

exceptions around the end of the 19th century and possibly during World War II (WWII). 

Historic uses include fishing and ecotourism, however slight due to the Property’s remoteness. 

These activities may have resulted in environmental conditions in the past but evidence of 

contamination is scarce. One known notable environmental condition is a recent shipwreck on 

the coast of Maug which resulted in petroleum contamination. However, the contamination was 

determined at the time to have dissipated and be of such concentration that did not require 

remediation. 

This EBS evaluates the current known conditions of the Property and categorizes the Property as 

Area Type 3 or areas where release, disposal, and/or migration of hazardous substances have 

occurred, but at concentrations that do not require a removal or remedial action. No hazardous 

substances are known on the properties, thereby warranting an Area Type 2 designation or areas 

where only release or disposal of petroleum products has occurred. However, the unknown 

circumstances of marine debris and the remote location leaves open the possibility that 

hazardous materials may have migrated onto the properties at one time. However, there are no 

concentrations of hazardous materials at this time that have or do require removal or redial action 

so an Area Type 4 designation is not warranted. 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

74 Appendix D. Environmental Baseline Survey 

1. Introduction 

On September 18, 2013, Public Law 113-34 amended Public Law 93-435, to provide CNMI 

parity with the other U.S. island territories, by providing for the conveyance from the United 

States to the CNMI Government, the submerged lands and associated mineral rights located 

between the line of mean high tide and a line located three (3) geographical miles seaward from 

the coastlines of the CNMI, and permanently or periodically covered by tidal waters. 

The U.S. Fish and Wildlife Service is the lead agency for completing an environmental 

assessment of a proposal which would result in the U.S. Department of the Interior transferring 

the Northern Islands Submerged Lands surrounding Maug, Farallon de Pajaros, and Asuncion 

Islands (the Property or NISL) from the United States to the Commonwealth of the Northern 

Mariana Islands Government (CNMI). 

1.1 Objective/Purpose 

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 

1980 requires Federal agencies to evaluate the environmental condition of property and to take 

remedial actions as necessary to protect human health and the environment before transferring 

property. Section 120(h) of CERCLA establishes the regulatory process. Pursuant to Section 

120(h) of CERCLA, the Service in conducting an Environmental Baseline Survey (EBS) of the 

NISL. 

1.2 EBS Classification 

The Property is classified based upon the seven following Standard Environmental Condition of 

Property Types described in ASTM Designation D5746-98 (2002), Standard Classification of 

Environmental Condition of Property Area Types for Defense Base Closure and Realignment 

Facilities. 

 Standard Environmental Condition of Property Area Type 1 -- An area or parcel of real 

property where no release or disposal of hazardous substances or petroleum products or 

their derivatives has occurred (including no migration of these substances from adjacent 

properties). 

 Standard Environmental Condition of Property Area Type 2 -- An area or parcel of real 

property where only the release or disposal of petroleum products or their derivatives has 

occurred. 

 Standard Environmental Condition of Property Area Type 3 -- An area or parcel of real 

property where release, disposal, or migration, or some combination thereof, of 

hazardous substances has occurred, but at concentrations that do not require a removal or 

remedial action. 

 Standard Environmental Condition of Property Area Type 4 -- An area or parcel of real 

property where release, disposal, or migration, or some combination thereof, of 

hazardous substances has occurred, and all remedial actions necessary to protect human 

health and the environment have been taken. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 75 

 Standard Environmental Condition of Property Area Type 5 -- An area or parcel of real 

property where release, disposal, or migration, or some combination thereof, of 

hazardous substances has occurred and removal or remedial actions, or both, are under 

way, but all required actions have not yet been taken. 

 Standard Environmental Condition of Property Area Type 6 -- An area or parcel of real 

property where release, disposal, or migration, or some combination thereof, of 

hazardous substances has occurred, but required response actions have not yet been 

initiated. 

 Standard Environmental Condition of Property Area Type 7 -- An area or parcel of real 

property that is unevaluated or requires additional evaluation. 

1.3 Assumptions and Limitations 

The extreme remote location of the property excluded the opportunity of a site visit. Project 

activities were limited to researching literature and reports of the areas. Additionally, while 

various sources were available about the adjacent properties (the islands of Maug, Farallon de 

Pajaros, and Asuncion) very little was available about the property itself (submerged lands 

around the islands). This report relied heavily on the information gathered in the Marianas 

Trench Marine National Monument Draft Management Plan. 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

76 Appendix D. Environmental Baseline Survey 

2. Site Description 

2.1 Site Locations 

Farallon de Pajaros - 20° 31’ N, 144° 54’ E 

Maug - 20° 2’ N, 145° 13’ E 

Asuncion - 19° 41’ N, 145° 14’ E 

 

Farallon de Pajaros is the most active volcano of the Mariana Islands. 

Photo: Larry Lee

The lagoon of Maug Photo: Sephani Gordon/Open Boat Films/NOAA

Vertical benthic REA site at Asuncion. 

Photo: Russell Reardon/NOAA
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 77 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

78 Appendix D. Environmental Baseline Survey 

2.2 Site Physical Description 

The Mariana Islands are an arc-shaped archipelago made up by the summits of fifteen volcanic 

mountains that sit atop the Mariana Ridge in an area known as the Mariana Volcanic Arc. 

Located in the north-western Pacific Ocean between the 12th and 21st parallels north and along 

the 145th meridian east, they are south of Japan and north of New Guinea, and form the eastern 

limit of the Philippine Sea. Over 480 nmi long, the archipelago encompasses the United States 

Commonwealth of the Northern Mariana Islands (the northern 14 islands) and the United States 

Territory of Guam (the southernmost island). The Mariana Volcanic Arc is part of a subduction 

system in which the Pacific Plate plunges beneath the Philippine Sea Plate and into the Earth's 

mantle, creating the Mariana Trench. Six of the archipelago’s islands have been volcanically 

active in historic times, and numerous seamounts along the Mariana Ridge are volcanically or 

hydrothermally active. 

The Monument is comprised of three distinct units covering 96,714 square miles of submerged 

lands and waters in and adjacent to the archipelago: the Trench Unit/Refuge, the Volcanic 

Unit/Arc of Fire Refuge, and the Islands Unit: 

Islands Unit 

The Islands Unit includes the submerged lands (below the mean low water line) and waters 

surrounding the three northernmost Mariana Islands: Farallon de Pajaros, Maug, and Asuncion. 

The Unit is defined by an irregular boundary containing approximately 12,387 square nmi 

(Figure 1). The distances from each island to the nearest point on the Unit boundary are as 

follows: Asuncion Island – 20 nmi southerly; Maug Islands – 31 nmi southwesterly; Farallon de 

Pajaros – 34 nmi southwesterly. 

The waters of The Islands Unit are among the most biologically diverse in the Western Pacific 

and include a great diversity of seamount and hydrothermal vent life. TheUnit’s volcanic islands 

are ringed by coral ecosystems with very high numbers of apex predators, including large 

numbers of sharks. They also contain one of the most diverse collections of stony corals in the 

Western Pacific. The terrestrial lands of these islands are designated as wildlife conservation 

areas under the sole jurisdiction of the CNMI government. 

2.3 Site and Vicinity Characteristics 

Little detail is known of the submerged lands of the islands. One of the few data sources about 

coral reef ecosystems in the northern islands comes from the NOAA Pacific Island Fisheries 

Science Center’s (PIFSC) MARAMP cruises that occurred in 2003, 2005, 2007, 2009, 2011, and 

2014. Although surveys have been conducted around each of the three islands in the Islands 

Unit, survey coverage varied based on cruise schedules and island accessibility. A detailed report 

of these surveys may be found at URL: www.pifsc.noaa.gov/cred/coral_reef_ecosystem_monitoring_reports.php#sp-12-01. 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 79 

NOAA Ship Hi'ialakai at Farallon de Pajaros in 2007. 

Photo: R. Schroeder/NOAA 

Farallon de Pajaros 

Summit Elevation: 1,180 feet 

Farallon de Pajaros is a high volcanic cone, with a maximum elevation of 1,180 feet. It is located 

approximately 315 nmi north of Saipan. The island is 1.2 miles long and 1 mile wide, with an 

area of approximately 1 mi2. Farallon de Pajaros earned the nickname “The Lighthouse of the 

Western Pacific” for being the most active 

volcanic island in the Mariana archipelago having 

erupted at least 16 times since 1864, most recently 

in 1978 (Eldredge 1983, Asakura et al. 1994, 

Brainard et al. 2012). The island’s steep slopes 

were formed by frequent flows of lava and ash. 

The symmetrical summit is formed by a central 

cone within a small caldera cutting an older 

edifice, remnants of which are seen on the 

southeast and southern sides near the coast. Lava 

poured not only from the summit, but also from 

fissures on the volcano flanks, which created 

platforms along the coast. Both summit and flank 

vents have been active at Farallon de Pajaros in 

recent history and much of the island is covered in lava, cinders, and ash. 

Monitoring volcanic activity on Farallon de Pajaros is difficult, given the island’s remote 

location. USGS researchers reported “vigorous fuming” during a 1994 over flight, but no 

eruptive activity. Similar observations were made by volcanologists from the University of 

California during a 2009 visit (Sako et al. 1995, University of California San Diego 2009).

Submerged lands 

Bathymetry data indicate the steep slopes of Farallon de Pajaros continue into the submarine 

zone, over 1 mile deep. Ridges radiate perpendicular to the island, with few flat areas. Shelf 

areas occur at 30-130 feet and approximately 500-800-1000 feet. Ridges and channels descend 

from the steep shelf slopes. 

MARAMP data suggest different seabed 

characteristics in the northeast and southeast 

offshore areas in comparison to the south and west 

offshore areas. The highest levels of sand cover 

were recorded on the shallow shelf extending from 

large embayments to the northeast and southeast 

nearshore areas. The main habitat type in this area 

was boulders on sand. In some locations, hard 

pavements were seen extending into sandy slopes. 

Coral community on the slopes of Farallon de Pajaros. 

Photo: NOAA
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

80 Appendix D. Environmental Baseline Survey 

Figure C-3. Farallon de Pajaros bathymetry Image: NOAA

To the west and south of 

the island, little sand cover 

was found, generally 

ranging from 10% to 30%. 

The predominant habitat 

was boulders on sand with 

some patches of rocky reef. 

Surveys found very low 

levels of live coral cover, 

rarely exceeding 20%, in all 

of the areas surveyed. 

These low levels of coral 

cover may be a result of the 

recent volcanic activity, or 

the steeply sloping boulder 

and sand habitats provide 

little substrate suitable for 

coral settlement (Brainard 

et al. 2012). 

Figure C-2. Farallon de Pajaros Bathymetry Image: NOAA 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 81 

Gas bubbles rising from Maug crater. Image: NOAA

Maug 

Summit Elevation: 744 feet 

Maug consists of three steep-sided, exposed islets separated by deep-water channels. The islets 

are the above sea-level remnants of what is now a largely submerged volcano. The islets are 

individually named and go by English and Japanese names: “North” or “Kita-shima” (744 feet 

height); “East” or “Higashi-shima” (705 feet height); and “West” or “Nishi-shima” (583 feet 

height). Maug is located 329 miles north of Saipan. The three islets have a total area of 

approximately 0.8 miles2. The outer shore of the three islets’ diameter is 2.1 miles while the 

inner diameter of the submerged caldera is approximately 1.4 miles. A caldera is formed when a 

volcano collapses inward after an eruption, resulting in a bowl-shaped depression at the top of a 

volcano. The depression may be flooded by sea water, creating the illusion of separate land 

masses above sea level, as is the case with Maug. Maug’s caldera–islet structure is unique in the 

Mariana Islands. The volcano was dormant for many years, allowing its lava to cool and plug all 

the vents. It eventually became active again and immense pressure built up under the plugged 

vents, causing the volcano to explode, giving Maug its current shape (Farrell 2011). Each islet 

remnant has steep cliffs made of columnar basalt. A submerged coral limestone terrace occurs at 

82 feet below sea level off West Island. 

Volcanic eruptions have not been recorded for 

Maug since the first Western sighting of the 

islands by Espinosa in 1522 and recent U.S. 

Geological Survey (USGS) over flights have 

not observed geothermal activity above the 

ocean surface. However, NOAA expeditions 

have discovered hydrothermal venting on the 

dacite dome in the center of the caldera. A 

hydrothermal vents system in the caldera 

releases CO2 bubbles, which creates more 

acidic waters in the immediate vicinity of the 

vents - measuring a pH of 6.07 near the vents, 

versus 8.13 for the surrounding region. Water 

temperatures at the vent site were 60-93°F above the surrounding subsurface water temperatures 

(PIFSC 2010). 

Submerged Lands 

The multibeam bathymetry acquired by NOAA’s Coral Reef Ecosystem Division (CRED) 

during MARAMP 2007 around Maug reveals the submerged caldera at a depth of 200–240 

meters (m), from which a twin-peaked submarine dome rises to a depth of 20 m. This submarine 

dome is likely the youngest feature of the volcano. The bathymetry data show the volcano’s 

steep outer flanks, which descend rapidly to the depth of 1000 m within ~ 3 kilometers (km) of 

the shoreline. North and east of Maug, the seabed continues to descend until reaching a plateau at 

a depth of ~ 2100 m Northwest of Maug at a depth of ~ 1700 m, the seabed descends to a 

channel, which separates Maug from a submarine volcanic cone 18 km northwest called Supply. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

82 Appendix D. Environmental Baseline Survey 

The bathymetry shows 

shallow ridges and 

channels on the flanks, and 

a steep-sided ridge is 

present northeast of North 

Island. North and west of 

Maug, the multibeam 

bathymetry reveals large 

blocks of material on the 

deep flanks. At 4–8 km 

southeast of East Island, 

the bathymetry data reveal 

an anomalous feature that 

rises from the main flanks 

at a depth of ~ 1600 m to a 

depth of 850 m. The two 

mechanisms that might 

have caused this feature 

are mass wasting (the movement of soil and surface materials by gravity) and volcanic activity. 

 

Figure C-4. Maug Caldera bathymetry Image: NOAA

Maug bathymetry Image: NOAA
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 83 

Generally habitats were hard substrates and low levels of sand cover, relative to other areas 

surveyed in the Mariana Archipelago. Sand observed in deeper waters was related to topographic 

features with sand accumulating between ridges. Overall mean live coral cover was 21%–27% in 

the shallow waters and very little live coral cover was in deeper waters. Live coral cover was 

observed on the central dome at a depth of ~ 160 m. Across the 3 MARAMP survey years, 

crustose coralline red algae were less abundant inside the caldera than on the outer flanks of 

Maug (Brainard et al. 2012). 

Asuncion 

Summit Elevation: 2,812 feet.

About 300 nmi north of Saipan, Asuncion has an area of 2.8 mi2

. The island is a high volcanic 

cone with steep cliffs on the northeastern side and gentler slopes on the southwestern side. 

Erosion and landslides have carved into Asuncion, producing northern sea cliffs. 

 

Figure C-6. Asuncion bathymetry Image: NOAA
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

84 Appendix D. Environmental Baseline Survey 

Submerged Lands 

Steep flanks continue into the ocean to depths of about 1.4 miles, consisting of several terraces, 

broken with ridges and channels. Asuncion is the steepest of the three islands which is reflected 

in the submerged lands topography. MARAMP found the nearshore submerged lands off the 

north and northeast of the island to be steeply sloping, irregular, rocky reef and boulders, and 

hard substrates supporting low levels of live hard coral cover. In one area off the northeast shore 

they found that sand cover was predominantly < 20% , although a small patch of higher sand 

cover (20.1%–30%) was observed where 2 deep channels cut into the flanks of the volcano. 

South and southeast of Asuncion the nearshore submerged lands are dominated by a large, lowrugosity shelf composed of a number of terraces. They found 2 areas of sandy habitats with sand 

cover of 30.1%–100% and live coral cover < 10%. The northernmost of these 2 sandy areas had 

boulders on sand. South of this area was an extensive sandy shelf with habitats described as spurand-groove formations, sand flat, and boulders on sand. Located between these 2 sandy areas 

were hard substrates with < 30% sand cover and < 20% live coral cover. 

Southwest of Asuncion, MARAMP found an area characterized by live coral cover of 5.1%–

20% and low sand cover of 1.1%–20%. They described this habitat as ridges, boulders, 

continuous reef, and walls. Approximately west of the island was found a spur and groove 

habitat where sand cover was generally < 20%. This habitat supported the highest level of live 

coral cover seen around Asuncion (coral cover of ~ 30.1%–60%). However, on the shelf below, 

at depths of 55–110 m, their analysis suggested a seabed characterized by high sand cover and 

very low live coral cover—with only one analyzed video frame showing live coral cover of 20%. 

At 50 m, one survey revealed patches of high sand cover but no live coral cover (Brainard et al. 

2012). 

2.4 Other Site Features 

Benthic refers to anything associated with or occurring on the bottom of a body of water, in this 

case the ocean bottom. Emphasis is generally placed on coral reefs when describing ocean 

benthic habitats. However, other substrates, or surfaces upon which a plant or animal can live 

such as sand and sea grass, are also important components of the marine environment. These 

benthic habitats are particularly important in the Islands Unit of the Monument since coral cover 

is relatively sparse. Habitat surveys from the MARAMP cruises show varying amounts of sand, 

macroalgae, and crustose coralline algae around the islands of Maug, Asuncion, and Farallon de 

Pajaros. 

Macroalgae is an important part of benthic habitats, as it is a major food source for many 

herbivorous fish. Macroalgae comprised a significant portion of the benthic substrate at both 

Maug and Asuncion (>12%), but is much less common (<4%) at Farallon de Pajaros. Although 

there was a significant difference in diversity, the most common species at all three islands were 

the brown algae Lobophora and the green algae Halimeda (Brainard et al. 2012). 

Other important habitat types include sand and coralline algae. Sand cover was highly variable, 

making up the entire habitat in some sites and all together absent in others. Regardless, sand 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 85 

cover was generally present in the highest percentages on the outer flanks and shelves on the 

southeast sides of the islands. Across all MARAMP surveys, crustose coralline algae cover 

averaged 8% of the substrate, and existed in highest concentrations on the south and west sides 

of the islands (Brainard et al. 2012). 

Coral Reefs 

Coral reef habitats are the building blocks of marine coastal 

ecosystems. Found in the upper portions of the world’s 

ocean where light is able to penetrate, coral reefs serve as 

habitat for a vast number of marine species. Although there 

is less coral diversity in the northern islands, the 

overall condition of the corals is better than that of the 

southern islands. The coral reef condition in the southern 

islands varies due to human induced stressors such as 

fishing, sedimentation, and nutrient loading (Starmer et al. 

2005). By contrast, the isolation of the northern islands 

allows the coral reefs to remain in overall good condition 

(Birkeland, 1997). Three coral species, all listed as 

Threatened under the ESA, are known to occur in the waters 

of the CNMI: needle coral (Seriatopora aculeata), Acropora 

globiceps, and blunt coral (Acropora retusa), though their 

abundance, distribution, and health in the NISL is not well 

understood. In general, the major threat to corals is global 

climate change, in particular, temperature extremes leading 

to bleaching and increased susceptibility to disease, increased severity of ENSO events and 

storms, and ocean acidification. Another potential threat to Monument corals is the crown-ofthorns starfish (Acanthaster planci), known to be an avid predator of reef-building corals with a 

preference for branching and tabular corals such as Acropora species (Colgan 1987). Coral reef 

surveys have been conducted around Asuncion, Farallon de Pajaros, and Maug. Survey data for 

each island follows (DMTMMP 2015). 

Maug 

The mean cover of live corals around the island of Maug is approximately 25%, Goniastrea

being the most common genera, followed by Leptastrea, Montipora, and Pavona. From the 

MARAMP surveys, there were 17 cases of coral disease and predation recorded at Maug, which 

translated to an overall mean prevalence of 0.02%. The four major coral diseases around Maug 

recorded were sub-acute tissue loss, skeletal growth anomalies, bleaching, and fungal infection 

(PIFSC 2010). 

 

Bubble coral in the Islands Unit. 

Photo: Paula Ayotte/NOAA
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

86 Appendix D. Environmental Baseline Survey 

Figure C-7. 

Maug Coral 

Generic 

Richness and 

Relative 

Abundance 

2003 (NOAA) 

Figure C-8. 

Maug Coral 

Generic 

Richness and 

Relative 

Abundance 

2005 (NOAA) 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 87 

 

Figure C-9. Maug 

Coral Generic 

Richness and 

Relative 

Abundance 2005 

(NOAA) 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

88 Appendix D. Environmental Baseline Survey 

Farallon de Pajaros 

At Farallon de Pajaros, coral cover was low during all three MARAMP surveys, with a mean 

coral cover average of 7%. Pocillopora and Porites were the most dominant coral recorded. The 

coral around Farallon de Pajaros was the only system in the Mariana Archipelago showing no 

signs of coral disease or predation (PIFSC 2010). 

 

Figure C-10. Farallon de Pajaros Coral Generic Richness and Relative Abundance
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 89 

Asuncion 

The Pavona genera is an important component in the fauna around Asuncion, and accounts for 

>10% of the total number of the island’s coral colonies. According to the most recent data, 10 

cases of coral disease and predation are documented at Asuncion, translating to an overall mean 

prevalence of 0.02%. The major coral diseases occurring at Asuncion are fungal infection and 

skeletal growth anomalies (PIFSC 2010). 

 

Figure C-11. Asuncion Coral Generic Richness and Relative Abundance 2003, 2005, and 2007 (NOAA)
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

90 Appendix D. Environmental Baseline Survey 

In summary, the MARAMP surveys indicate that coral cover varies from island to island, as well 

as across different regions of each island. The average coral cover is considerably higher at 

Maug and Asuncion than the average coral cover at Farallon de Pajaros. Coral diversity is also 

significantly greater around Maug and Asuncion (29 genera) than around Farallon de Pajaros (17 

genera) (Brainard et al. 2012). 

Fish 

Coral reefs and other benthic substrates are 

important habitats for a variety of fish 

species. The reef fish found around the 

Mariana Archipelago have been described 

as representative of the wider Indo-Pacific 

fauna. A total of 427 reef fish species have 

been documented in the northern islands of 

the Mariana Archipelago (Donaldson et al. 

1994). The most common reef fish families 

in the northern islands are tangs, damsels, 

wrasses, and butterfly fish (Amesbury and 

Coleson 1996). Sharks, snappers, and jacks 

are abundant around Asuncion, Maug, and 

Farallon de Pajaros Islands 

Although species diversity is lower in the northern islands compared to the southern islands 

MARAMP surveys show that total fish biomass across all trophic levels3

 were three times 

greater in the northern islands than in the southern islands, and the biomass of large predators 

was found to be thirteen times greater (Brainard et al. 2012). 

Typical of many isolated islands, the number and 

sizes of apex-predators per unit area is much 

higher in the Islands Unit than in the waters 

around the inhabited southern islands. Large 

numbers of apex predators indicate a naturally 

flourishing ecosystem at every trophic level in the 

food chain (Brainard et al. 2012). 

Macroinvertebrates

Invertebrates such as clams, sea cucumbers, and 

sea urchins are an important group of reefassociated species. The invertebrate fauna across 

 

3

 An organism’s “trophic level” is their position in the food web. For example, an apex predator holds a trophic 

level at the top of the food chain (Brainard et al. 2012). 

A grey reef shark cruises amongst a school of fusilier at Supply 

Reef. Photo: Oliver Vetter/NOAA

Giant clam decorates the reef at Maug. 

Photo: NOAA
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 91 

the Mariana Archipelago is quite diverse, with over 500 species of marine mollusks, 119 species 

of crustaceans, and 15 species of echinoderms (WPRFMC 1997). Although the majority of 

information on invertebrates in the archipelago comes from studies conducted around the 

southern islands, macroinvertebrate fauna around Maug has been found to be typical of the 

macroinvertebrate composite in Indo-Pacific waters. Macroinvertebrates exist in relatively low 

numbers across the Islands Unit, compared to their abundance around the other islands in the 

Mariana Archipelago. The giant clam is the lone exception, which thrives along the southern 

coast of Maug (Brainard et al. 2012). 

Marine Mammals 

Marine mammals are vertebrates who have adapted to life in the ocean. Many marine mammals 

are able to remain submerged for a long time, but must surface for air. In order to stay under 

water for long periods, they store extra oxygen in their muscles and blood than do land 

mammals. Marine mammals can direct their blood flow to feed only their vital organs in order to 

conserve oxygen and can slow their heart rate as a measure to use less oxygen on deep or 

extended dives. They are relatively large mammals characterized by streamlined bodies that 

glide easily through water. 

All marine mammals are protected in U.S. waters by either the Endangered Species Act (ESA) 

and/or the Marine Mammal Protection Act (MMPA). The ESA-listed marine mammals that may 

occur in the Islands Unit are the blue whale, fin whale, sperm whale, humpback whale, and sei 

whale. The whale species that have been documented in the Mariana Archipelago include: shortfinned pilot whales, pygmy killer whales, Bryde’s whales, Cuvier’s beaked whales, melonheaded whales, pygmy sperm whales and dwarf sperm whales. Other cetaceans that have been 

encountered in the archipelago include: spinner dolphins, bottlenose, pantropical spotted 

dolphins, striped dolphins, Risso’s dolphins, and rough-toothed dolphins (Fulling et al. 2011, 

PIFSC 2013). 

 

While all of these threats do not occur in the Islands Unit, these animals are threatened by marine 

debris, getting caught as by-catch in nets and on longlines, oil spills; collision with large vessels; 

entanglement in fishing gear; defense operations; pollution, including increasing amounts of 

plastic debris at sea, oil spills and dumping of industrial wastes into waterways and the sea, 

leading to bioaccumulation of toxic substances in body tissues; over-fishing of prey species, 

particularly commercial species such as anchovy; and direct hunts such as Striped dolphin drive 

hunts in Japan, the Caribbean and Sri Lanka and Risso’s dolphins hunted for meat and oil in 

Indonesia, Japan, the Lesser Antilles, and the Solomon Islands. Drive fisheries that specifically 

target pilot whales still exist in Japan and the Lesser Antilles. 

Sea Turtles 

All sea turtle species are listed as either threatened or endangered under the Endangered Species 

Act. The Islands Unit is within the range of five turtle species. They are the leatherback, 

hawksbill, and loggerhead which are all listed as endangered; and the green turtle, and oliveridley turtle, which are both listed as threatened. 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

92 Appendix D. Environmental Baseline Survey 

Seabirds 

Migratory bird species, including most seabirds, are protected by the Migratory Bird Treaty Act, 

which prohibits the take of protected species, their nests, and eggs. Three of the seabirds that 

occur in the Islands Unit are also listed under the ESA as threatened or endangered species 

(Hawaiian Petrel, Newell’s Shearwater, and Short-tailed Albatross). Human-induced threats 

include hooking and drowning on commercial long-line gear, entanglement in derelict fishing 

gear, ingestion of plastic debris, and contamination from oil spills. Over-fishing impacts seabird 

populations, forcing them to fly further in search of food. 

Of the seabird species that may be found in the Islands Unit of the Monument, some are 

considered residents while others are transient visitors. Those species that are considered 

residents include: black noddy, brown noddy, great frigatebird, white tern, white-tailed 

tropicbird, red-tailed tropicbird, wedge-tailed shearwater, sooty tern, masked booby, brown 

booby, and red-footed booby. Seabird species that are considered to be visitors include: Newell’s 

shearwater, Leach’s storm-petrel, the Matsudaira’s storm-petrel, short-tailed shearwater, and 

Audubon’s shearwater (DMTMMP 2015). 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 93 

3. Site History 

The Site includes the submerged lands adjacent to the islands of Maug, Farallon de Pajaros, and 

Asuncion, currently under federal authority. Under the proposed action, the submerged lands 

would to be conveyed to the Commonwealth of the Northern Mariana Islands (CNMI). 

Following the conveyance, CNMI’s territorial sea would extend from the mean low water line at 

the three northern islands, seaward 3 nautical miles. 

3.1 Current Uses of the Property and Adjacent Properties 

3.1.1. Uninhabited Nature Preserves 

In 1985, all three islands (plus Guguan) were established as nature preserves, through an 

amendment to the CNMI Constitution that stipulated that the “...islands of Maug, Uracas 

[Farallon de Pajaros], Asuncion, Guguan, and other islands specified by law shall be maintained 

as uninhabited places and used only for the preservation and protection of natural resources, 

including but not limited to bird, wildlife, and plant species.” 

3.1.2. Marine National Monument 

On June 6, 2009 President George W. Bush issued Presidential Proclamation 8335 

(Proclamation) establishing the Marianas Trench Marine National Monument under the authority 

of the Antiquities Act of 1906. The Monument was established for the purpose of protecting 

objects of interest such as the subduction system in the Trench, submerged volcanoes, 

hydrothermal vents, including the Champagne Vent and Sulfur Cauldron, coral reef ecosystems, 

and biologically diverse ecosystems where chemosynthetic and photosynthetic organisms exist 

side by side. 

The Monument’s Islands Unit includes the submerged lands (below the mean low water line) and 

waters surrounding the three northernmost Mariana Islands: Farallon de Pajaros, Maug, and 

Asuncion. The Unit is defined by an irregular boundary containing approximately 12,387 square 

nmi (Figure 1). The distances from each island to the nearest point on the Unit boundary are as 

follows: Asuncion Island – 20 nmi southerly; Maug Islands – 31 nmi southwesterly; Farallon de 

Pajaros – 34 nmi southwesterly. 

The Volcanic Unit/Arc of Fire Refuge and the Trench Unit/Refuge consist of only the submerged 

lands and features therein (not the overlying water column) within their specified boundaries. 

The boundaries of the Monument’s Volcanic Unit/Arc of Fire Refuge include the submerged 

lands extending one nautical mile circle drawn from the center of each of the 18 active 

submarine volcanoes and hydrothermal vents. 

The boundary of the Trench Unit/Refuge extends from the northern limit of the Exclusive 

Economic Zone (EEZ) of the United States adjacent to the CNMI to the southern limit of the 

EEZ in the U.S. Territory of Guam. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

94 Appendix D. Environmental Baseline Survey 

Rare and unique geology, geochemistry, rare biological conditions, and pristine ecosystems 

provide an ideal location for interdisciplinary research. Because the area has a distinct position in 

the biogeography of the Pacific as a place where a high number of regional endemic and unusual 

species assemblages thrive, the Monument holds outstanding potential for globally significant 

social and scholarly contributions. 

Monument management activities can foster a greater understanding of issues related to climate 

change, fisheries systems upon which international food markets rely, Pacific navigational and 

trade routes, geological processes and global events, and the interconnectivity between humans 

and the natural world. This national marine monument is part of a growing global network of 

marine protected areas (MPAs) linked by a shared concern for society’s relationship with marine 

wildlife and the marine environment. The Monument is one of the largest MPAs in the world and 

is poised to host research pursuits and economic ventures that are consistent with marine 

conservation, fisheries activities, and cultural endeavors. 

3.1.3. Fishing 

Fishermen are held in high esteem in CNMI and Guam communities, and their catch frequently 

plays an important role in ceremonies and cultural festivities. The practice of sharing one’s catch 

with family and friends is common throughout the Pacific; it maintains connections among 

family members and across the larger community, and links present day activities to deeply 

rooted cultural values. One member of the Mariana fishing community explains that visits to the 

waters around Maug, Asuncion, and Farallon de Pajaros, along with the fishing legacies that 

keep these places alive in the minds of people today “makes you feel like you are actually an 

islander.” (Kotowicz and Richmond 2013). 

Fishers have traveled to the waters around Maug, Asuncion, and Farallon de Pajaros to maintain 

the cultural tradition of fish sharing among the fishing crew, among the fishing crew member’s 

family and friends, and among community members. The waters around the northern islands are 

not only considered by Archipelago residents to be abundant with resources, indicative of island 

life, and free; but intimately connected with generations of ancestors who also fished in these 

waters, shared their catch, and consumed the fish at important religious and ceremonial events. 

(Kotowicz and Richmond, 2013). 

A 2012 survey of fishers who have fished in what now constitutes the Islands Unit shows that 

from 1979-2010, an average of 2.3 trips per year were made to this area for the purpose of 

fishing. Other trips were made for the purpose of research, charter, visitation/exploratory trips 

but included fishing for food. For example, almost all (98%) of the reported trips included 

fishing, regardless of the stated primary purpose of the trip (129 total trips from 1939 to 2010). 

Recent research also found that the formal and informal exchange of marine resources from the 

Islands Unit provides a food source for residents, maintains an important connection between 

residents and this culturally significant place, and allows for gift giving, trade, and monetary 

transactions independent of commercial markets. The non-market transactions between fishers 

and other members of their community make it financially feasible for fishing to occur in the 

Islands Unit through monetary cost recovery and resource sharing. (Kotowicz and Richmond 

2013). 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 95 

3.1.4. Ecotourism 

Ecotourism, also known as nature-based tourism, is defined as “responsible travel to natural 

areas that conserves the environment and improves the well-being of local people.” (TIES 1990) 

This approach to tourism has gained momentum for its potential to co-exist with the natural and 

socio-cultural environment of a destination. All participants in a 2010 Visitor Exit Survey ranked 

“nature and scenic activities” in their top ten reasons for traveling to the CNMI (Northern 

Mariana Islands Tourism Master Plan 2012). This statistic has encouraged the Mariana Visitors 

Authority to develop their islands’ niche ecotourism market with a focus on historic sites, 

snorkeling and scuba excursions, bird watching tours, and tourism that can support the 

production of aquaculture and agriculture (DMTMMP 2015). 

3.2 Past Use(s)/Ownership 

The Chamorro are commonly believed to have come from Southeast Asia 3,500 years ago. They 

are most closely related to other Austronesian-speaking peoples to the west in the Philippines 

and Taiwan, as well as the Carolines to the south. They were expert seafarers and skilled 

craftspeople familiar with intricate weaving and detailed pottery-making (Office of Insular 

Affairs, http://www.doi.gov/oia/islands/cnmi.cfm). Archeologic accounts establish that early 

Chamorro were in contact with one another across the archipelago and engaged in commerce 

with far reaching islands across Oceania. All of the Mariana Islanders share cultural and 

linguistic characteristics and archeologic findings show continuity in ceramic production on the 

different islands until the Latte Period (900-1700 CE). Similarity in early ceramic styles, 

decoration, and technique are indicative of areas with “strong inter-community and inter-island 

ties.” (Rainbird 2004). 

Ceramic remnants suggest that people on Agrihan, a northern island, were in contact with people 

on Guam, the southernmost island. Clay and ceramic pots were moving between settlements, as 

were production techniques. Burial practices, rock art, archeological remains, and evidence of 

resource propagation, in addition to the Chamorro villages that populated Guam, Tinian, and 

Rota prior to Spanish arrival, indicate that islands across the Mariana Archipelago were used for 

various reasons. Archeological research indicates that caves on Asuncion may have been used as 

mortuary areas (Russell 1998). 

It is likely that support from the larger, resource-rich islands to the south was needed to sustain 

intermittent settlements on the remote northern islands of Maug, Asuncion, and Farallon de 

Pajaros. All three islands are seabird nesting areas and people harvested, salted, and distributed 

seabirds from the northern islands to people living on the other islands (Laguna et al. 2012; Clark 

et al. 2010; Fitzpatrick et al. 2013). 

Encounters between the Chamorro people and other islanders across Oceania, in particular the 

people of the Philippines, Yap, Palau, the Caroline Islands, and Southeast Asia precede 

interaction with the Spanish by many centuries. The first documented interaction between 

Chamorro and Spaniards took place in the 16th century. Ferdinand Magellan, a Portuguese 

explorer employed by the King of Spain, arrived in the Mariana Islands in 1521, and Miguel 

Lopez de Legaspi claimed the islands for Spain in 1565. Of note, Magellan visited the island of 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

96 Appendix D. Environmental Baseline Survey 

Maug during the 16th century, finding approximately 20 residents and limited fresh water and 

sugarcane. A number of European crew members abandoned ship at this time and one, Gonzalo 

de Vigo, lived for several years among the Chamorro residents (Levesque 1992). 

Many ships anchored in Mariana waters in the years following Magellan’s arrival, which spurred 

the iron trade between the Chamorro population and foreign sailors in the economic system 

known as “hierro commerce.” Iron was fashioned into tools for canoe production and fishing 

equipment. There are 17th century reports about toolmakers on Rota describing how Chamorro 

people were able to sharpen metal pieces using cobblestones, and shape iron nails into fish hooks 

(Quimby 2011). 

Amicable relations shifted soon after the Spanish mission was established on Guam. The 

Mariana Islands became a colony of Spain in 1668 at which time the islands were named after 

Mariana of Austria, the widow of Spain’s King Phillip IV (Rogers and Ballendorf 1989). 

Guam became the Spanish colony’s main outpost in the Mariana Archipelago. Residents from 

across the Archipelago were relocated by the colonial administration off their home islands to the 

island of Guam in order for the government to manage the previously dispersed population. 

Although Rota was never completely depopulated, the rest of the Northern Mariana Islands were 

scarcely inhabited from 1740-1815 (DMTMMP 2015). 

Movement between Guam and other islands within the archipelago allowed Chamorro people to 

slowly repopulate the Northern Mariana Islands, and the Spanish relocation efforts that moved 

the Chamorro population to Guam eventually eased. Diaz and Kauanui explain that today, 

“Chamorros of the Mariana Islands refer to themselves as Taotao Tano (people of the land) while 

residents of the Caroline atolls refer to themselves as Re Metau (people of the sea)... Among the 

Re Metau there is a distinction between those who have “remained” [in the Caroline Islands] ... 

and the Refalawasch, who have settled the islands of the Northern Marianas since the 18th and 

19th centuries.” (Diaz and Kauanui 2001). 

The Mariana Islands have been administered by four different countries since the 17th century: 

Spain, as described in the previous section (1668-1898), Germany (1899-1914), Japan (in the 

CNMI from 1914-1945, in Guam from 1941-1944), and United States (in the CNMI from 1945-

present; in Guam from 1898-1941, 1944-present). Guam was ceded to the U.S. in 1898 as a 

result of the Spanish-American War, and in 1899 Germany purchased the Mariana Islands north 

of Guam. Following the sale of the Northern Marianas by Spain to the German Empire in 1899, 

the islands were administered as part of German New Guinea. This divided governance in the 

archipelago: Germany governed what is now the CNMI (all islands north of Guam) and the U.S. 

governed Guam (DMTMMP 2015). 

By the late 1930s, Japan began increasing their military capacity and infrastructure in the 

Northern Mariana Islands. Japanese airplanes bombed the then U.S. Territory of Guam on 

December 8, 1941. This attack, along with simultaneous attacks on Pearl Harbor in Hawaiʽi and 

a U.S. base in the Philippines brought the United States into WWII. On December 10, 1941, the 

U.S. surrendered the island of Guam to Japan. From 1941-1944, the U.S. military fought against 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 97 

Germany and Italy as an ally of England until it could reorient its focus from a defensive to an 

offensive posture in the Pacific (Farrell 1991). 

The United States attacked Japanese forces on Saipan and Tinian in June of 1944 and then 

invaded Guam on July 21, 1944. The U.S. officially occupied Tinian beginning on August 1, 

1944 and Guam on August 10, 1944. Rota and the islands north of Saipan were governed by 

Japan until September 2, 1945 when the U.S. assumed control (Farrell 1991). 

The U.S. Naval Military Government administered the Northern Mariana Islands until 1947. 

From 1947-1975, the Northern Mariana Islands were part of the United Nations’ Trust Territory 

of the Pacific Islands and were administered by the United States under a United Nations 

mandate. The Trusteeship Agreement is a legal instrument that is intended to assist the Trust 

Territories, all of which were former colonies, in a movement toward self-governance. In 1975, 

the people of the Northern Mariana Islands and the United States entered a political Covenant 

that established a Commonwealth under the sovereignty of the United States. The Covenant was 

put to vote in a plebiscite on June 17, 1975 and approved by the U.S. House of Representatives 

through a joint resolution July 21, 1975 (Horey 2003). On March 6, 1977 CNMI voters ratified 

the Commonwealth Constitution which took effect on January 9, 1978. 

U.S. military presence in the Mariana Archipelago persisted after WWII, continuing through the 

Vietnam War and Cold War operations. U.S. Naval Base Guam and the U.S. Andersen Air Force 

Base merged on October 1, 2009 to create Joint Region Marianas. Andersen Air Force Base on 

Guam is considered one of two critical bases in the Asia Pacific region (the other location is 

Diego Garcia in the Indian Ocean). 

The Department of Defense (DoD) will continue to conduct exercises in the region and has 

committed to adopt appropriate measures to minimize impacts on natural resources within the 

Monument. The 2009 Mariana Islands Range Environmental Impact Statement addresses 

ongoing and proposed military training activities within the Mariana Islands Range Complex, 

which includes portions of the Monument. A description of military training activities and 

potential effects are addressed in these documents, and may be viewed on-line at http://mitteis.com.

3.2.1 Japanese Occupation 

During the 1890s, Japanese businesses engaged in resource extraction including guano mining 

and copra-making operations at Asuncion and Farallon de Pajaros (Russell 1998). In 1903, 

Asuncion and Farallon de Pajaros were leased to another Japanese company to hunt birds for 

their feathers as an export to Paris to meet the fashion demands for feather hats, garments, and 

accessories. At the turn of the 20th century, European millinery trade drastically increased harvest 

rates of seabirds on these and other Pacific Islands. Under the German administration, islands 

were leased to a German company for seabird plumage in 1909 (Spennemann 1999a). Primary 

targets included tropicbirds, terns, and brown boobies. When the lease was terminated after three 

years, bird populations had been reduced to levels such that further exploitation was deemed 

uneconomical (Spennemann 1999b). 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

98 Appendix D. Environmental Baseline Survey 

On October 14, 1914, Saipan was seized from German governance by Japan, marking the end of 

the German period in what is now the CNMI. At the onset of World War I (WWI), Japan 

assumed control of government in 1914 and the Northern Mariana Islands became one of six 

Japanese naval districts of Micronesia. Between World Wars I and II, a Japanese military vessel 

sailed along the island chain from Saipan to Asuncion moving people and supplies between 

islands. Oral histories have confirmed photographic evidence that Okinawan employees of the 

Japanese military processed fish while living on Maug (Kotowicz and Gionfriddo 2014). 

3.2.2 WWII 

The CNMI was a major battlefield during WWII. Most all of the fighting was to the south 

involving the largest islands of Saipan, Tinian, and Rota, where war debris and unexploded 

ordnance is still common in the nearshore waters. Ordnance has also been found in other waters 

of the CNMI. The effect of chemical leeching of ordnance including explosive chemicals and 

metal casings (e.g. copper, lead, tin) upon marine life have not been evaluated (Brainard et al. 

2005). 

3.2.3 Nature Preserves 

All three islands (plus Guguan) were established as nature preserves, through an amendment to 

the CNMI Constitution that stipulated that the “...islands of Maug, Uracas [Farallon de Pajaros], 

Asuncion, Guguan, and other islands specified by law shall be maintained as uninhabited places 

and used only for the preservation and protection of natural resources, including but not limited 

to bird, wildlife, and plant species.” 

3.2.4 Storm Patterns 

For the Pacific, the Intergovernmental Panel on Climate Change (IPCC) predicts changes in 

extreme weather events including the possibility of increased droughts and floods, shifts in 

tropical cyclone tracks associated with El Niño, more intense rainfall events, and a possible 

increase in tropical cyclone peak wind intensity (Stocker et al. 2013). These rates are likely to 

increase with continued increases in temperature. Combined with higher sea levels, could result 

in a higher storm surge with the potential for reef and coastline damage. The intensity of regional 

weather patterns is predicted to escalate, and the number of storm events is predicted to increase. 

3.2.5 Sea Level Rise 

Average global sea level has risen ~7 inches since 1901 and is predicted to rise 10-32 inches by 

2100, depending on which regional climate change projection is analyzed (Stocker et al. 2013). 

These estimates do not take into account variation in the rates of melting for ice sheets and 

glaciers, which recent studies indicate could dramatically accelerate sea level rise (Stocker et al. 

2013). Additionally, evidence suggests the rate of sea level rise varies regionally, primarily due 

to variations in plate-tectonic activity. In 2007, the IPCC predicted a rate of sea level rise of 1.2 

to 2 mm per year in the equatorial Pacific. It should be noted that observed rates of sea level rise 

have continually outpaced the IPCC’s previous worst case scenario models (Stocker et al. 2013). 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 99 

With rising sea levels, inundation of low-lying island areas, coastal erosion, and salt water 

intrusion into subsurface freshwater aquifers are of concern for many Pacific islands. High 

seasonal and storm waves will travel further inland as sea level increases, creating new wetlands 

and causing changes to existing waterways such as streams and estuaries, surface drainage, and 

increasing the likelihood for flooding if high tide coincides with heavy rainfall. Coastal erosion 

may increase the introduction of sediments into the marine environment, decreasing overall 

water quality. The degree of vulnerability of high islands like Asuncion, Maug, and Farallon de 

Pajaros is uncertain, because these islands are made-up of primarily volcanic, rocky slopes and a 

few, limited sandy shorelines. Nonetheless, the area of the submerged lands will shift inland with 

sea level rise (DMTMMP2015). 

 

3.2.6 Volcanic Activity 

Volcanic eruptions are not frequent but appear to have a great impact on the coral communities 

(Eldredge and Kropp 1985). 

The three islands are part of the active Mariana Arc created by the subduction of the Pacific Plate 

under the Philippine Plate. Farallon de Pajaros and Asuncion have been active in recorded 

history. Due to frequent eruptions in previous centuries, Farallon de Pajaros was known as the 

“Lighthouse of the Pacific,” however, it has been quiet since 1967 (Siebert and Simkin 2002). 

Asuncion’s most recent confirmed eruption in the 1920s was minor, preceded by a major 

eruption in 1906. White gas plumes occasionally emerge from the top and the slopes of 

Asuncion. Low-level volcanic activity on Asuncion was documented by volcanologists who 

visited the area in 1992 and observed active fumaroles (volcanic gas vents), and also by USGS 

over flights in 1995 that observed steaming from the volcano summit. Several other unverified 

eruptions have been reported. Asuncion and Maug are connected by a deep, underwater plateau 

(Sigurdsson et al. 2000). 

In 2003, NOAA’s Coral Reef Ecosystem Division (CRED) observed a hydrothermal vent system 

within the caldera at Maug. Samples taken at the site indicated pH values were much more acidic 

than the surrounding waters and the water temperature was higher. Based on the calculated states 

of calcite and aragonite saturation of undiluted vent water, the conditions were determined to be 

highly corrosive to calcifying organisms. No calcium-carbonate producing organisms were 

observed within the vent system. However, only 15 meters away from the site, a CRED’s rapid 

ecological assessment team found coral cover of 67% in 2007; approaching nearly 100% coral 

cover in one area (Brainard et al. 2012). 

3.2.7 Uninhabited Islands 

Asuncion, Farallon de Pajaros, and Maug are currently unpopulated. As on other islands in the 

CNMI, Spain in 1695 forced any inhabitants to relocate to Guam (Rogers 1995), there has been 

no permanent inhabitation of Maug and Asuncion since that time. Farallon de Pajaros has 

probably always been permanently uninhabited, because of its inhospitable terrain and frequent 

volcanic activity. In 1909, while under rule by Germany, Asuncion, Farallon de Pajaros, Maug, 

Agrihan, Guguan, Sarigan, and Farallon de Medinilla were leased to a trading association, the 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

100 Appendix D. Environmental Baseline Survey 

Pagan Gesellschaft, for exploitation of bird plumage for a period of 3 years(Spennemann 1999). 

During this time, Japanese bird catchers employed on these islands may have established 

temporary residences, and other fishing or hunting parties may have also periodically resided on 

Maug and Farallon de Pajaros. Since 1978, the CNMI Constitution has prohibited inhabitation of 

Asuncion (CNMI Constitution). 

3.2.8 Shipwrecks 

Nineteen vessels, ranging in size from commercial steamers to canoes, are recorded to have been 

lost in the CNMI between 1600 and 1940 (Carrell 1991). Between 1940 and 1946, numerous 

vessels are recorded to have been sunk in the vicinity of the Mariana Islands. 

On December 2013 a 45-50 foot Japan registered sailing trimaran grounded on an island inside 

the caldera at Maug. The 3 Japanese nationals on board were rescued and picked up by the 

Japanese equivalent of the US Coast Guard (USCG), but the damaged vessel remained aground 

inside the caldera. The owner of the vessel reported 250 gallons of diesel that the USCG 

considered quickly dissipated. The USCG has no on-going issues regarding pollutants. However, 

the vessel was left where it was grounded and allowed to break up. 

NOAA performed informal assessment (inclement weather prohibited quantitated surveys) of the 

shipwreck site on the East Island at Maug. They found very little underwater debris. Except for a 

few metallic items, such as a scuba tank, an anchor, and other items that could be part of an 

engine or generator, most of the debris field (ship's hull, wooden cabinetry, console, plastic 

wiring, mast, sail, etc.) are all widely scattered onshore, extending for over 200 m (Vargas-Angel 

2014 Pers. Comm.; Quitugua 2015), 

This trimaran 

grounded on an island 

inside the caldera at 

Maug Island, the crew 

was rescued, and the 

ship was abandonded. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 101 

 The abandoned 

trimaran 

eventually broke 

apart, leaving 

debris to wash on 

shore and sink to 

the ocean floor. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

102 Appendix D. Environmental Baseline Survey 

4 Review of Regulatory Information 

4.1 Federal Environmental Records 

No federal records we found pertaining to NISL. Databases referenced include: U. S. 

Environmental Protection Agency (EPA)’s National Priorities List (NPL), delisted NPL, EPA’s 

Comprehensive Environmental Response, Compensation, and Liability Information System 

(CERCLIS, commonly known as ‘superfund’), CERCLIS NFRAP (no further remedial action 

planned), EPA’s Resource Conservation and Recovery Act Corrective Action Program (RCRA 

CORRACTS/TSD (treated, stored, or disposed of hazardous waste sites)), RCRA NonCORRACTS/TSD, RCRA generators, institutional/engineering control registries, and National 

Response Center’s (NRC’s) Emergency Response Notification System (ERNS).

4.2 State and Local Environmental Records 

4.2.1 NPL and CERCLIS 

There are no superfund sites on or near the Property. 

4.2.2 SWLF/LF 

There are 3 Municipal Solid Waste Landfills (MSWs) sites in the Northern Mariana Islands 

according to the EPA’s List of Municipal Solid Waste Landfills (EPA 1995). The three MSWs 

are located on Rota, Saipan, and Tinian; these MSWs are not located on or adjacent to the 

subject property. 

4.2.3 UST/LUST 

There are 72 active underground storage tanks in the CNMI according to the EPA’s UST 

database as of December 17, 2014 (http://www.epa.gov/oust/). However, of these reported, it is 

highly unlikely that any are located on the three northern most uninhabited islands subject to this 

report. To the best of our knowledge, no USTs exist on or adjacent to the Property. 

4.2.4 Institutional/Engineering Control Registries 

In September, 2014, CNMI conducted an assessment of water quality (Bearden et al. 2014). 

Regarding the northern most uninhabited islands of CNMI, the report states: “The uninhabited 

northern islands, due to their lack of development, or when inhabited having less-developed 

watersheds with minimal anthropogenic impacts, it is unlikely that contaminants or other 

pollutants pose a threat to coastal waters. Their remoteness, lack of accessibility, and the recent 

listing of the three northern most islands as a US National Monument, make them fully 

supportive of all coastal water use designations based on professional judgment.” (Bearden et al. 

2014) 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 103 

4.2.5 Voluntary Cleanup 

CNMI is not a party to any EPA voluntary cleanup program memorandum of agreement. 

4.2.6 Brownfield Site 

The CNMI contains at least 68 brownfields (EPA 2014). Brownfields in the CNMI generally 

include former garment factories, dry cleaners, and heavy equipment facilities. Additional sites 

may include areas with historic military operations, primarily containing unexploded ordinance 

and fuel storage facilities (EPA 2009). There are no records of brownfield sites on the Property. 

4.2.7 TRI 

According to the Toxic Release Inventory (TRI) Program, there is no record of a TRI Facility on 

or near the Property (http://www2.epa.gov/toxics-release-inventory-tri-program). 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

104 Appendix D. Environmental Baseline Survey 

5 Environmental Condition Overview 

5.1 Chemicals / Hazardous Substances 

5.1.1 Ship Movement/Shipwrecks 

The level of at sea dumping by transiting vessels is unknown, although this practice is regulated 

by international agreements such as the International Convention for the Prevention of Pollution 

from Ships (MARPOL) and U.S. policies, such as the Ocean Dumping Act. 

Only one shipwreck, in which ocurred in 2013, was recorded on the Property. The 2013 

shipwreck spilled 250 gallons of diesel that quickly dispersed. However, shipwrecks bring not 

only the fuels to power them, but all cargo and the materials that made the ship, along with the 

physical damage caused by debris. So while it is impossible to estimate the potential for 

additional shipwrecks, they are likely to be a few, each one would need to be evaluated 

individually to assess adverse impacts to the Property. 

5.1.2 Marine Debris 

Towed-diver benthic surveys of forereef habitats around Maug, Asuncion, and Farallon de 

Pajaros have identified a limited amount of derelict fishing gear such as old fishing lines, nets, 

and other man-made objects. Results of the surveys are available in the PIFSC Coral Reef 

Ecosystem Monitoring Report of the Mariana Archipelago: 2003-2007 

(http://www.pifsc.noaa.gov/cred/coral_reef_ecosystem_monitoring_reports.php#sp-12-01). 

 

5.1.3 Waste Disposal 

Garbage could have been disposed of in the nearshore environment, but no dumps are known to 

be on the Property. Camps set up during the Japanese occupation appeared to have been basic 

camps with no large power supplies. It is unlikely they served as major sources of long-lasting 

chemical contamination. 

5.1.4 Volcanic Activity 

Volcanic eruptions are not frequent, but appear to have a great impact on the coral communities 

(Eldredge and Kropp 1985). 

5.1.5 Asbestos-Containing Material (ACM) 

No ACM is known to be on the Property, but it is possible marine debris or containing ACM 

could be carried to the Property by ocean currents. 

5.1.6 PCB Equipment 

No PCBs are known to be present or ever used on the Property. New research suggests that 

plastic marine debris may prove a common vector for transporting hydrophobic contaminants 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 105 

such as PBDEs (Polybrominated diphenyl ethers) and PCBs around the ocean (Rochman et al. 

2014). But none have been shown to be transported to the Property. 

5.1.7 Metals 

Since the 17th century inhabitants of the Marianas have used iron for fishing and boating. Fishing 

can contribute to environmental iron and lead deposition through the loss of fishing sinkers and 

jigs. The probability of possible contamination due to fishing equipment is low in light of the 

above information regarding how few fishermen visit the waters above the Property. More 

recently lead and mercury have been common components in batteries. Countless batteries have 

been taken to the islands associated with the Property and could have been disposed of onto the 

Property. However, no dumps or deposits of iron or batteries have been found on the Property. 

5.1.8 Petroleum 

No petroleum has been identified on the Property. It is without doubt that passing or visiting 

ships have carried petroleum to the vicinity. The only reported spill was from the 2013 

shipwreck at Maug where 250 gallons of diesel were spilled but the US Coast Guard considered 

has quickly dissipated (Quitugua 2015). 

5.1.9 Munitions and Explosives of Concern (MEC) 

While the southern portion of the CNMI and Guam were major battlefields in WWII, the 

northern part of the CNMI were not. Ships and planes most likely transited near the Property and 

could have dropped stray ordnance into the Property. As with most Pacific islands, marine debris 

is often present on the islands’ beaches and entangled in the reefs. However, none has been 

reportedly found on the Property. 

Another possible source of explosives that could have been used or deposited in the Property is 

by transient fishermen using explosives to fish. However, none has been found on the Property. 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

106 Appendix D. Environmental Baseline Survey 

6 Findings and Conclusions 

The U.S. Fish and Wildlife Service has prepared this EBS within the scope and limitations of 

ASTM Designation D6008-96 (2005), Standard Practice for Conducting Environmental Baseline 

Surveys. Findings of this EBS are based on interviews and existing environmental information 

including site records, Federal, State, and Local database and file information, related to the 

storage, release, treatment, or disposal of hazardous substances or petroleum products or 

derivatives on the subject property. 

Based on the data reviewed for this EBS, we conclude that the NISL should be categorized as an 

ECP Category Type 3 property, which, in accordance with ASTM Designation D5746-98 

(2002), Standard Classification of Environmental Condition of Property Area Types for Defense 

Base Closure and Realignment Facilities, is defined as an area or parcel of real property where 

release, disposal, or migration, or some combination thereof, of hazardous substances has 

occurred, but at concentrations that do not require a removal or remedial action. 

This classification was selected based on the fact that the area is incredibly remote and 

uninhabited with no recorded evidence of direct contamination with the exception of a recent 

ship wreck which was found to have resulted in petroleum contamination at concentrations that 

did not require removal or remedial action according to the USGS. In addition, it is possible that 

the migration of marine debris may contribute to the environmental condition of the property; it 

is unknown the quantity of marine debris that has ended up in the NISL by way of historical 

military operations, private boating excursions, or indirectly by ocean currents. 

Interviewees included: Laura Beauregard, Wildlife Refuge Planner assigned to the Hawaiian and 

Pacific Islands Refuges and Monuments Complex and Charlie Quitugua Zone Law Enforcement 

Officer assigned to the Hawaiian and Pacific Islands Refuges and Monuments Complex, who 

responded to the 2015 grounding of a ship inside the caldera of Maug. 

7 Deviations 

This EBS was prepared to review certain elements of the environmental condition of the subject 

property related to the storage, release, treatment, or disposal of hazardous substances or 

petroleum products. It documents efforts to determine or discover the presence or likely presence 

of a release or threatened release of these materials. Due to the remote and difficult access to the 

Property, project activities were limited to researching literature and reports of the areas. This 

report relied heavily on the information gathered in the Marianas Trench Marine National 

Monument Draft Management Plan. 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 107 

8 Professional Qualifications 

Lee Ann Woodward has a BS in Biology and an MS and PhD in Ecology with specialization in 

Environmental Toxicology. She did graduate research at Oak Ridge National Laboratory and 

Savannah River Ecology Laboratory. As an Associate at Clement Associates, ICF International, 

she specialized in ecological risk assessments for clients that included the EPA. 

Dr. Woodward has been with the Service since 1997. In her position as Resource Contaminants 

Specialist, she is in charge of contaminants issues and oil response for the Hawaiian and Pacific 

Islands National Wildlife Refuges and Monuments. Duties include the assessment of 

contaminant effects on fish and wildlife and their habitats. Plan, conduct, and analyze field 

investigations and risk assessments. Develop diagnostics and design remedial actions for 

invasive species and contaminant-related natural resource issues. Review environmental 

contaminant investigations, remedial activities, and research proposals of various federal, state, 

and private agencies. Dr. Woodward is also an Adjunct professor at the University of HawaiiManoa. 

 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

108 Appendix D. Environmental Baseline Survey 

9 References 

Amesbury, S. and Coleson. 1996. Fish surveys at Maug and Pagan in the Northern Mariana 

Islands. Report to the Coastal Resources Management Office, December 1996. 15 pp. 

Asakura, A., T. Ohba, S. Miyano, T. Furuki, T. Kurozumi, and J. Harada. 1994. Outline of the 

biological expedition to the Northern Mariana Islands. Micronesia. Natural History Research, 

Special Issue (1): 1-11. 

Bearden, C.T., D. Chambers, R. Okano, K. Yuknavage. Y. Alepuyo, K. Cochrane. 2014. Bureau 

of Environmental Coastal Quality. Commonwealth of the Northern Mariana Islands Integrated 

305(b) and 303(d) Water Quality Assessment Report.

Birkeland, C. 1997. Status of coral reefs in the Mariana. In R.W. Grigg and C. Birkeland (Eds.), 

Status of Coral Reefs in the Pacific (pp. 91-100). University of Hawaii Sea Grant College 

Program, Honolulu, Hawaii. 

Brainard R.B., J. Maragos, R. Schroeder, J.C. Kenyon, P.S. Vroom, S. Godwin, P.K. Hoeke, G.S. 

Aeby, R. Moffitt, M. Lammers, J. Gove, M. Timmers, S.R. Holzwarth, S. Kolinski. 2005. In: 

Waddell JE (ed.). The state of coral reef ecosystems of the United States and Pacific Freely 

Associated States: 2005, p. 338-372. NOAA Technical Memorandum NOS NCCOS 11. 

NOAA/NCCOS Center for Coastal Monitoring and Assessment's Biogeography Team. 522 p. 

Brainard R.E., J. Asher, V. Blyth-Skyrme, E.F. Coccagna, K. Dennis, M.K. Donovan, J.M. Gove, 

J. Kenyon, E.E. Looney, J.E. Miller, M.S. Timmers, B. Vargas-Ángel, P.S. Vroom, O. Vetter, 

B. Zgliczynski, T. Acoba, A. DesRochers, M.J. Dunlap, E.C. Franklin, P.I. Fisher-Pool, C.L. 

Braun, B.L. Richards, S.A. Schopmeyer, R.E. Schroeder, A. Toperoff, M. Weijerman, I. 

Williams, R.D. Withall. 2012. Coral reef ecosystem monitoring report of the Mariana 

Archipelago: 2003-2007. NOAA Fisheries, Pacific Islands Fisheries Science Center Special 

Publication, SP-12-01, 1019 p. 

Carrell, T. 1991. Submerged Cultural Resources Assessment of Micronesia. Southwestern 

Cultural Resources Center Professional Papers 36. Southwestern Cultural Resources Center, 

Santa Fe, New Mexico. 624 pp. as cited in Brainard et al. 2007. 

Clark M.R., F. Althaus, A. Williams, E. Niklitschek, G.M. Menezes, N.R.Hareide, P. Sutton, C. 

O’Donnell. 2010. Are deep-sea demersal fish assemblages globally homogeneous? Insights 

from seamounts. Marine Ecology, 31(Suppl. 1), 39-51.

CNMI Constitution. Art XIV, sec 2. 

Colgan, M.W. 1987. Coral reef recovery on Guam (Micronesia) after catastrophic predation by 

Acanthaster planci. Ecology 68(6) 1592-1605. 

Diaz, V.M. and J.K. Kauanui. 2001. Native Pacific Cultural Studies on the Edge. The 

Contemporary Pacific. 13(2): p. 315-342. 

Donaldson, T. J., R.F. Myers, J.T. Moyer, and P.J. Schuup. 1994. Zoogeography of the fishes of 

the Mariana, Ogasawara, and Izu Islands: a preliminary assessment. Natural History Research 

Special Issue, No. 1: 303-332. 

Eldredge, L.G. and R.K. Kropp. 1985. Volcanic ashfalls effects on intertidal and shallow-water 

coral reef zones at Pagan, Mariana Islands. Pp 195-200. In: Proceedings of 5th International 

Coral Reef Congress. 

Eldredge, L. 1983. Summary of Environmental and Fishing Information on Guam and the 

Commonwealth of the Northern Mariana Islands: Historical Background, description of the 

islands, and review of the climate, oceanography, and submarine topography. NOAA 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

Appendix D. Environmental Baseline Survey 109 

Technical Memorandum, NOAASWFSC-40. 

Environmental Protection Agency (EPA). 1995. List of Municipal Solid Waste Landfills. Section 

3. http://www.epa.gov/osw/nonhaz/municipal/landfill/section3.pdf 

EPA Office of Solid Waste and Emergency Response. 2009. Brownfields May 2009 Assessment 

Grant Fact Sheet Northern Mariana Islands Department of Public Lands. EPA-560-F-09-186. 

www.epa.gov/brownfields. 

EPA Office of Solid Waste and Emergency Response. December 2014. State Brownfields and 

Voluntary Response Programs 2014. EPA-42-F-14-215. 119-120 pp. 

www.epa.gov/brownfields. 

Farrell, D.A. 1991. History of the Northern Mariana Islands. Public School system, 

Commonwealth of the Northern Mariana Islands: p. 343. 

Farrell. 2011. History of the Mariana Islands to Partition. Public School System, Commonwealth 

of the Northern Mariana Islands. Saipan, MP 

Fitzpatrick, S.M., and R.T. Callaghan. 2013. Estimating trajectories of colonisation to the 

Mariana Islands, western Pacific. Antiquity, 87(337), 840-853. 

Fulling G., P. Thorson, J. Rivers. 2011. Distribution and Abundance Estimates for Cetaceans in 

the Waters off Guam and the Commonwealth of the Northern Mariana Islands. Pac Sci 65(3): 

321-343. 

Horey, Joseph E. 2003. The Right to Self-Government. Asian-Pacific Law and Policy Journal. 

Vol. 4. Issue 2. 

Kotowicz D. and B. Gionfriddo. 2014. Stories from the Islands Unit DVD. Urban Spider Design. 

Kotowicz, D. and L. Richmond. December 2013. Traditional Fishing Patterns in the Marianas 

Trench Marine National Monument. Pacific Islands Fish. Sci. Cent., Natl. Mar. Fish. Serv., 

NOAA, Honolulu, HI 96822-2396. Pacific Islands Fish. Sci. Cent. Admin. Rep. H-13-05, 54p. 

Laguana, A., H. Kurashina, M.T. Carson, J.A. Peterson, J.M. Bayman, T.Ames, R.A. Stephenson, 

J. Aguon, and H. Putra. 2012. Estorian I Latte: A Story of Latte. Micronesia 42:80-120. 

Levesque, R. 1992. European Discovery. Vol. 1 of History of Micronesia: A Collection of Source 

Documents. 8 pp. quoting Kurashina et al., 1999. 269 pp. 

Mueller-Dombois, D. and R. Fosberg. 1998. Vegetation of the tropical Pacific islands. SpringerVerlag, New York. 733 p. 

Northern Mariana Islands Tourism Master Plan 2012-2016. 2012. March 2012 Management 

Analysis, Incorporated. P 61.Office of Insular Affairs. www.doi.gov/oia/islands/cnmi.cfm. 

Pacific Islands Fisheries Science Center (PIFSC). 2010. Coral reef ecosystems of the Mariana 

Archipelago: a 2003-2007 overview. NOAA Pacific Islands Fisheries Science Center, PIFSC 

Special Publication, SP-10-002, 38 pp. 

Pacific Islands Fisheries Science Center (PIFSC). 2013. Cetacean surveys in the waters of the 

southern Mariana Archipelago. NOAA Pacific Islands Fisheries Science Center, PIFSC Data 

Report DR-13-005. 

Quimby. 2011. The Hierro Commerce: The Journal of Pacific History, 46:1, 1-26, 

DOI:10.1080/00223344.2011.573630. 

Quitugua, C. 2015. Open Incident Report: Trespass and Grounded Ocean Vessel at Maug Island, 

Marianas Trench Marine National Monument. 

Rainbird, Paul. 2004. Archaeology of Micronesia. Cambridge University Press. 106 pp. 

Rochman, C.M., R.L. Lewison, M. Eriksen, H. Allen, A.M. Cook, S.J. The. 2014. 

Polybrominated diphenyl ethers (PBDEs) in fish tissue may be an indicator of plastic 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Island

110 Appendix D. Environmental Baseline Survey 

contamination in marine habitats. In: Science of the Total Environment: 476-477, 622-633 pp. 

Rogers, R. 1995. Destiny’s landfall: a history of Guam. University of Hawaii Press, Honolulu, HI. 

392 p. 

Rogers, R.F. and D.A. Ballendorf. 1989. Magellan’s Landfill in the Mariana Islands. The Journal 

of Pacific History. Vol. 24, No. 2. 193-208 pp. 

Russell, S. 1998. Gani Revisited: A Historical Overview of the Mariana Archipelego’s Northern 

Islands. Pacific Studies. Vol. 21, No. 4. 83-105 pp. 

Sako, M.K., F.A. Trusdell, R.Y. Koyanagi, G. Kojima, and R.B. Moore. 1995 Volcanic 

investigations in the Commonwealth of the Northern Mariana islands, April to May 1994, U. 

S. Geological Survey Open-File Report 94-705, 57 pp. 

Siebert, L. and T. Simkin. 2002. Volcanoes of the World: an illustrated catalog of Holocene 

volcanoes and their eruptions. Smithsonian Institution, Global Volcanism Program Digital 

Information Series, GVP-3, Washington, D.C. www.volcano.si.edu/world. 

Sigurdsson, H., B. Houghton, S. McNutt, H. Rymer and J. Stix (eds.). 2000. Encyclopedia of 

Volcanoes. Academic Press, San Diego. 1417 pp. 

Spennemann, D.H.R. 1999b. Exploitation of Bird Plumages in the German Mariana Islands. 

Micronesia 31(2). 309-318 pp. 

Spennenmann, D.H.R. 1999a. Aurora Australis: the German period in the Mariana Islands, 1899-

1914. Division of Historic Preservation Occasional Historical Papers Series No, 5. Division of 

Historic Preservation, Saipan, the CNMI. 247 p. 

Starmer, J., C. Bearden, R. Brainard., T. de Cruz, R. Hoeke, P. Houk, S. Holzwarth, S. Kolinksi, 

J. Miller, R. Schroeder, M. Timmers, M. Trianni, and P. Vroom. 2005. The State of Coral 

Reefs Ecosystems of the Commonwealth of the Northern Mariana Islands. In: Stocker, T.F., 

D. Qin, G.K. Plattner, L.V. Alexander, S.K. Allen, N.L. Bindoff, F.-M. Bréon, J.A. Church, 

U. Cubasch, S. Emori, P. Forster, P. Friedlingstein, N. Gillett, J.M. Gregory, D.L. Hartmann, 

E. Jansen, B. Kirtman, R. Knutti, K. Krishna Kumar, P. Lemke, J. Marotzke, V. MassonDelmotte, G.A. Meehl, I.I. Mokhov, S. Piao, V. Ramaswamy, D. Randall, M. Rhein, M. 

Rojas, C. Sabine, D. Shindell, L.D. Talley, D.G. Vaughan and S.P. Xie. 2013 Technical 

Summaryin Climate Change. The Physical Science Basis. Contribution of Working Group I to 

the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Stocker, 

T.F., D. Qin, G.K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex 

and P.M. Midgley (eds.)]. Cambridge University Press, Cambridge, UK and New York, NY. 

The International Ecosystem Society (TIES). 1990. www.ecotourism.org/what -is-ecotourism. 

U.S. Fish and Wildlife Service and National Marine Fisheries Service (DMTMMP). 2015. Draft 

Monument Management Plan and Environmental Assessment, Marianas Trench Marine 

National Monument. Unpublished draft document. 

Waddell, J.E. (ed.). 2005. The State of Coral Reef Ecosystems of the United States and Pacific 

Freely Associated States: 2005. NOAA Technical Memorandum NOS NCCOS 11. 

NOAA/NCCOS Center for Coastal Monitoring and Assessment’s Biogeography Team. Silver 

Spring, MD. 522 pp. 

Western Pacific Regional Fishery Management Council (WPRFMC). 1997. An assessment of the 

status of the coral reef resources, and their patterns of use, in the U.S. Pacific Islands. Western 

Pacific Regional Fishery Management Council Final Report prepared under NOAA 

Cooperative Agreement No. NA67AC0940. 395 pp. 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands

Appendix E. National Historic Preservation Act 111 

APPENDIX E. NATIONAL HISTORIC PRESERVATION ACT 

COMPLIANCE 
Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands 

112 Appendix E. National Historic Preservation Act 
U.S. Department of the Interior

U.S. Fish and Wildlife Service

Pacific Region

911 NE 11th Avenue

Portland, Oregon 97232

http://www.fws.gov

January 2017

Coral Reef

Jean Kenyon/USFWS

The mission of the U.S. Fish and 

Wildlife Service is working with 

others to conserve, protect, and 

enhance fish, wildlife, and plants 

and their habitats for the continuing 

benefit of the American people.