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US (United States) Code. Title 16. Chapter 83: Coral reef

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-CITE-

16 USC CHAPTER 83 - CORAL REEF CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 83 - CORAL REEF CONSERVATION

-HEAD-

CHAPTER 83 - CORAL REEF CONSERVATION

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Sec.

6401. Purposes.

6402. National coral reef action strategy.

(a) In general.

(b) Goals and objectives.

6403. Coral reef conservation program.

(a) Grants.

(b) Matching requirements.

(d) Geographic and biological diversity.

(e) Project proposals.

(f) Project review and approval.

(g) Criteria for approval.

(h) Project reporting.

(i) Coral Reef Task Force.

(j) Implementation guidelines.

6404. Coral reef conservation Fund.

(a) Fund.

(b) Authorization to solicit donations.

(d) Administration.

6405. Emergency assistance.

6406. National program.

(a) In general.

(b) Authorized activities.

6407. Effectiveness reports.

(a) Grant program.

(b) National program.

6408. Authorization of appropriations.

(a) In general.

(b) Administration.

(d) National coral reef activities.

6409. Definitions.

-CITE-

16 USC Sec. 6401 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 83 - CORAL REEF CONSERVATION

-HEAD-

Sec. 6401. Purposes

-STATUTE-

The purposes of this chapter are -

(1) to preserve, sustain, and restore the condition of coral

reef ecosystems;

(2) to promote the wise management and sustainable use of coral

reef ecosystems to benefit local communities and the Nation;

(3) to develop sound scientific information on the condition of

coral reef ecosystems and the threats to such ecosystems;

(4) to assist in the preservation of coral reefs by supporting

conservation programs, including projects that involve affected

local communities and nongovernmental organizations;

(5) to provide financial resources for those programs and

projects; and

(6) to establish a formal mechanism for collecting and

allocating monetary donations from the private sector to be used

for coral reef conservation projects.

-SOURCE-

(Pub. L. 106-562, title II, Sec. 202, Dec. 23, 2000, 114 Stat.

2800.)

-MISC1-

SHORT TITLE

Pub. L. 106-562, title II, Sec. 201, Dec. 23, 2000, 114 Stat.

2800, provided that: ''This title (enacting this chapter) may be

cited as the 'Coral Reef Conservation Act of 2000'.''

NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF RESERVE

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec. 144(f)),

Dec. 21, 2000, 114 Stat. 2763, 2763A-249, provided that:

''(1) The President, after consultation with the Governor of the

State of Hawaii, may designate any Northwestern Hawaiian Islands

coral reef or coral reef ecosystem as a coral reef reserve to be

managed by the Secretary of Commerce.

''(2) Upon the designation of a reserve under paragraph (1) by

the President, the Secretary shall -

''(A) take action to initiate the designation of the reserve as

a National Marine Sanctuary under sections 303 and 304 of the

National Marine Sanctuaries Act (16 U.S.C. 1433(, 1434));

''(B) establish a Northwestern Hawaiian Islands Reserve

Advisory Council under section 315 of that Act (16 U.S.C. 1445a),

the membership of which shall include at least one representative

from Native Hawaiian groups; and

''(C) until the reserve is designated as a National Marine

Sanctuary, manage the reserve in a manner consistent with the

purposes and policies of that Act (16 U.S.C. 1431 et seq.).

''(3) Notwithstanding any other provision of law, no closure

areas around the Northwestern Hawaiian Islands shall become

permanent without adequate review and comment.

''(4) The Secretary shall work with other Federal agencies and

the Director of the National Science Foundation, to develop a

coordinated plan to make vessels and other resources available for

conservation or research activities for the reserve.

''(5) If the Secretary has not designated a national marine

sanctuary in the Northwestern Hawaiian Islands under sections 303

and 304 of the National Marine Sanctuaries Act (16 U.S.C. 1433,

1434) before October 1, 2005, the Secretary shall conduct a review

of the management of the reserve under section 304(e) of that Act

(16 U.S.C. 1434(e)).

''(6) No later than 6 months after the date of enactment of this

Act (Dec. 21, 2000), the Secretary shall submit a report to the

Senate Committee on Commerce, Science, and Transportation and the

House of Representatives Committee on Resources, describing actions

taken to implement this subsection, including costs of monitoring,

enforcing, and addressing marine debris, and the extent to which

the fiscal or other resources necessary to carry out this

subsection are reflected in the Budget of the United States

Government submitted by the President under section 1104 of title

31, United States Code.

''(7) There are authorized to be appropriated to the Secretary of

Commerce to carry out the provisions of this subsection such sums,

not exceeding $4,000,000 for each of fiscal years 2001, 2002, 2003,

2004, and 2005, as are reported under paragraph (5) ((6)) to be

reflected in the Budget of the United States Government.''

Substantially identical provisions were contained in Pub. L.

106-513, Sec. 6(g), Dec. 21, 2000, 114 Stat. 2385.

-EXEC-

EX. ORD. NO. 13089. CORAL REEF PROTECTION

Ex. Ord. No. 13089, June 11, 1998, 63 F.R. 32701, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America and in furtherance of

the purposes of the Clean Water Act of 1977, as amended (33 U.S.C.

1251, et seq.) (see Short title of 1977 Amendment note, set out

under section 1451 of this title), Coastal Zone Management Act (of

1972) (16 U.S.C. 1451, et seq.), Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1801, et seq.), National

Environmental Policy Act of 1969, as amended (42 U.S.C. 4321, et

seq.), National Marine Sanctuaries Act, (16 U.S.C. 1431, et seq.),

National Park Service Organic Act (16 U.S.C. 1, et seq.), National

Wildlife Refuge System Administration Act (16 U.S.C. 668dd-ee) (16

U.S.C. 668dd-668ee), and other pertinent statutes, to preserve and

protect the biodiversity, health, heritage, and social and economic

value of U.S. coral reef ecosystems and the marine environment, it

is hereby ordered as follows:

Section 1. Definitions. (a) ''U.S. coral reef ecosystems'' means

those species, habitats, and other natural resources associated

with coral reefs in all maritime areas and zones subject to the

jurisdiction or control of the United States (e.g., Federal, State,

territorial, or commonwealth waters), including reef systems in the

south Atlantic, Caribbean, Gulf of Mexico, and Pacific Ocean. (b)

''U.S. Coral Reef Initiative'' is an existing partnership between

Federal agencies and State, territorial, commonwealth, and local

governments, nongovernmental organizations, and commercial

interests to design and implement additional management, education,

monitoring, research, and restoration efforts to conserve coral

reef ecosystems for the use and enjoyment of future generations.

The existing U.S. Islands Coral Reef Initiative strategy covers

approximately 95 percent of U.S. coral reef ecosystems and is a key

element of the overall U.S. Coral Reef Initiative. (c)

''International Coral Reef Initiative'' is an existing partnership,

founded by the United States in 1994, of governments,

intergovernmental organizations, multilateral development banks,

nongovernmental organizations, scientists, and the private sector

whose purpose is to mobilize governments and other interested

parties whose coordinated, vigorous, and effective actions are

required to address the threats to the world's coral reefs.

Sec. 2. Policy. (a) All Federal agencies whose actions may affect

U.S. coral reef ecosystems shall: (a) identify their actions that

may affect U.S. coral reef ecosystems; (b) utilize their programs

and authorities to protect and enhance the conditions of such

ecosystems; and (c) to the extent permitted by law, ensure that any

actions they authorize, fund, or carry out will not degrade the

conditions of such ecosystems.

(b) Exceptions to this section may be allowed under terms

prescribed by the heads of Federal agencies:

(1) during time of war or national emergency;

(2) when necessary for reasons of national security, as

determined by the President;

(3) during emergencies posing an unacceptable threat to human

health or safety or to the marine environment and admitting of no

other feasible solution; or

(4) in any case that constitutes a danger to human life or a real

threat to vessels, aircraft, platforms, or other man-made

structures at sea, such as cases of force majeure caused by stress

of weather or other act of God.

Sec. 3. Federal Agency Responsibilities. In furtherance of

section 2 of this order, Federal agencies whose actions affect U.S.

coral reef ecosystems, shall, subject to the availability of

appropriations, provide for implementation of measures needed to

research, monitor, manage, and restore affected ecosystems,

including, but not limited to, measures reducing impacts from

pollution, sedimentation, and fishing. To the extent not

inconsistent with statutory responsibilities and procedures, these

measures shall be developed in cooperation with the U.S. Coral Reef

Task Force and fishery management councils and in consultation with

affected States, territorial, commonwealth, tribal, and local

government agencies, nongovernmental organizations, the scientific

community, and commercial interests.

Sec. 4. U.S. Coral Reef Task Force. The Secretary of the Interior

and the Secretary of Commerce, through the Administrator of the

National Oceanic and Atmospheric Administration, shall co-chair a

U.S. Coral Reef Task Force (''Task Force''), whose members shall

include, but not be limited to, the Administrator of the

Environmental Protection Agency, the Attorney General, the

Secretary of the Interior, the Secretary of Agriculture, the

Secretary of Commerce, the Secretary of Defense, the Secretary of

State, the Secretary of Transportation, the Director of the

National Science Foundation, the Administrator of the Agency for

International Development, and the Administrator of the National

Aeronautics and Space Administration. The Task Force shall oversee

implementation of the policy and Federal agency responsibilities

set forth in this order, and shall guide and support activities

under the U.S. Coral Reef Initiative (''CRI''). All Federal

agencies whose actions may affect U.S. coral reef ecosystems shall

review their participation in the CRI and the strategies developed

under it, including strategies and plans of State, territorial,

commonwealth, and local governments, and, to the extent feasible,

shall enhance Federal participation and support of such strategies

and plans. The Task Force shall work in cooperation with State,

territorial, commonwealth, and local government agencies,

nongovernmental organizations, the scientific community, and

commercial interests.

Sec. 5. Duties of the U.S. Coral Reef Task Force. (a) Coral Reef

Mapping and Monitoring. The Task Force, in cooperation with State,

territory, commonwealth, and local government partners, shall

coordinate a comprehensive program to map and monitor U.S. coral

reefs. Such programs shall include, but not be limited to,

territories and commonwealths, special marine protected areas such

as National Marine Sanctuaries, National Estuarine Research

Reserves, National Parks, National Wildlife Refuges, and other

entities having significant coral reef resources. To the extent

feasible, remote sensing capabilities shall be developed and

applied to this program and local communities should be engaged in

the design and conduct of programs.

(b) Research. The Task Force shall develop and implement, with

the scientific community, research aimed at identifying the major

causes and consequences of degradation of coral reef ecosystems.

This research shall include fundamental scientific research to

provide a sound framework for the restoration and conservation of

coral reef ecosystems worldwide. To the extent feasible, existing

and planned environmental monitoring and mapping programs should be

linked with scientific research activities. This Executive order

shall not interfere with the normal conduct of scientific studies

on coral reef ecosystems.

cooperation with State, territorial, commonwealth, and local

government agencies, nongovernmental organizations, the scientific

community and commercial interests, shall develop, recommend, and

seek or secure implementation of measures necessary to reduce and

mitigate coral reef ecosystem degradation and to restore damaged

coral reefs. These measures shall include solutions to problems

such as land-based sources of water pollution, sedimentation,

detrimental alteration of salinity or temperature, over-fishing,

over-use, collection of coral reef species, and direct destruction

caused by activities such as recreational and commercial vessel

traffic and treasure salvage. In developing these measures, the

Task Force shall review existing legislation to determine whether

additional legislation is necessary to complement the policy

objectives of this order and shall recommend such legislation if

appropriate. The Task Force shall further evaluate existing

navigational aids, including charts, maps, day markers, and beacons

to determine if the designation of the location of specific coral

reefs should be enhanced through the use, revision, or improvement

of such aids.

(d) International Cooperation. The Secretary of State and the

Administrator of the Agency for International Development, in

cooperation with other members of the Coral Reef Task Force and

drawing upon their expertise, shall assess the U.S. role in

international trade and protection of coral reef species and

implement appropriate strategies and actions to promote

conservation and sustainable use of coral reef resources

worldwide. Such actions shall include expanded collaboration with

other International Coral Reef Initiative (''ICRI'') partners,

especially governments, to implement the ICRI through its Framework

for Action and the Global Coral Reef Monitoring Network at

regional, national, and local levels.

Sec. 6. This order does not create any right or benefit,

substantive or procedural, enforceable in law or equity by a party

against the United States, its agencies, its officers, or any

person. William J. Clinton.

EX. ORD. NO. 13178. NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF

ECOSYSTEM RESERVE

Ex. Ord. No. 13178, Dec. 4, 2000, 65 F.R. 76903, as amended by

Ex. Ord. No. 13196, Sec. 3, 4, Jan. 18, 2001, 66 F.R. 7395, 7396,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

National Marine Sanctuaries Act, (16 U.S.C. 1431 et seq.), and the

National Marine Sanctuaries Amendments Act of 2000, Public Law

106-513 (see Short Title of 2000 Amendment note set out under

section 1431 of this title), and in furtherance of the purposes of

the Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1801 et seq.), Marine Protection, Research, and Sanctuaries

Act (of 1972) (33 U.S.C. 1401 et seq. (16 U.S.C. 1431 et seq., 1447

et seq., 33 U.S.C. 1401 et seq., 2801 et seq.)), Coastal Zone

Management Act (16 U.S.C. 1451 et seq.), Endangered Species Act (of

1973) (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act (of

1972) (16 U.S.C. 1362 (1361) et seq.), Clean Water Act (33 U.S.C.

1251 et seq.), National Historic Preservation Act (16 U.S.C. 470 et

seq.), National Wildlife Refuge System Administration Act (16

U.S.C. 668dd-ee), and other pertinent statutes, it is ordered as

follows:

Section 1. Preamble. The world's coral reefs - the rain forests

of the sea - are in serious decline. These important and sensitive

areas of biodiversity warrant special protection. While United

States waters contain approximately 3 percent of the world's coral

reefs, approximately 70 percent of U.S. coral reefs are in the

Northwestern Hawaiian Islands. The 3.5 million acres of coral reefs

around the remote, mostly uninhabited Northwestern Hawaiian Islands

are spectacular and almost undisturbed by humans. The

approximately 1,200 mile stretch of coral islands, seamounts,

banks, and shoals are unquestionably some of the healthiest and

most extensive coral reefs in the United States. In their own

right, the spectacular coral reefs and lands provide an amazing

geological record of volcanic and erosive powers that have shaped

this area. This vast area supports a dynamic reef ecosystem that

supports more than 7,000 marine species, of which approximately

half are unique to the Hawaiian Island chain. This incredibly

diverse ecosystem is home to many species of coral, fish, birds,

marine mammals, and other flora and fauna including the endangered

Hawaiian monk seal, the threatened green sea turtle, and the

endangered leatherback and hawksbill sea turtles. In addition,

this area has great cultural significance to Native Hawaiians as

well as linkages to early Polynesian culture - making it

additionally worthy of protection and understanding. This is truly

a unique and special place, a coral reef ecosystem like no place on

earth, and a source of pride, inspiration, and satisfaction for all

Americans, especially the people of Hawaii. It is fully worthy of

our best efforts to preserve a legacy of America's natural wonders

for future generations. Due to the special significance of this

area, I have determined that it is in the best interest of our

Nation, and of future generations, to provide strong and lasting

protection for the coral reef ecosystem of the Northwestern

Hawaiian Islands.

On May 26, 2000, I directed the Secretaries of Commerce and the

Interior, working cooperatively with the State of Hawaii and

consulting with the Western Pacific Fishery Management Council, to

develop recommendations for a new, coordinated management regime to

increase protection of the coral reef ecosystem of the Northwestern

Hawaiian Islands and provide for sustainable use of the area. Upon

consideration of their recommendations and comments received during

the public visioning process on this initiative, and based on the

statutory authorities set forth above, I am issuing this Executive

Order.

Sec. 2. Purpose. The purpose of this Executive Order is to ensure

the comprehensive, strong, and lasting protection of the coral reef

ecosystem and related marine resources and species (resources) of

the Northwestern Hawaiian Islands.

Sec. 3. Establishment of Coral Reef Ecosystem Reserve. There is

hereby established in the Northwestern Hawaiian Islands a coral

reef ecosystem reserve to be known as the Northwestern Hawaiian

Islands Coral Reef Ecosystem Reserve (Reserve). The Reserve shall

include submerged lands and waters of the Northwestern Hawaiian

Islands, extending approximately 1,200 nautical miles (nm) long and

100nm wide. The Reserve shall be adjacent to and seaward of the

seaward boundaries of the State of Hawaii and the Midway Atoll

National Wildlife Refuge, and shall overlay the Hawaiian Islands

National Wildlife Refuge to the extent that it extends beyond the

seaward boundaries of the State of Hawaii. The boundaries of the

Reserve are described in section 6 of this order.

Sec. 4. Management Principles. The Secretary of Commerce, or his

designee, (hereafter ''Secretary'') shall, subject to section 10(b)

of this order, manage the Reserve in accordance with the following

principles:

(a) The principal purpose of the Reserve is the long-term

conservation and protection of the coral reef ecosystem and related

marine resources and species of the Northwestern Hawaiian Islands

in their natural character;

(b) The Reserve shall be managed using available science and

applying a precautionary approach with resource protection favored

when there is a lack of information regarding any given activity,

to the extent not contrary to law;

and religious uses by Native Hawaiians should be allowed within the

Reserve, consistent with applicable law and the long-term

conservation and protection of Reserve resources;

(d) The Reserve shall be managed using, when appropriate,

geographical zoning and innovative management techniques to ensure

that the Reserve resources are protected from degradation or harm;

(e) To the extent consistent with the primary purpose of the

Reserve, the Reserve shall be managed to support, promote, and

coordinate appropriate scientific research and assessment, and

long-term monitoring of Reserve resources, and the impacts or

threats thereto from human and other activities, to help better

understand, protect, and conserve these resources and species for

future generations;

(f) To the extent consistent with the primary purpose of the

Reserve, the Reserve shall be managed to enhance public awareness,

understanding, and appreciation of Reserve resources, and the

impacts or threats thereto from human and other activities;

(g) The Reserve shall be managed to further restoration and

remediation of degraded or injured Reserve resources; and

(h) The Reserve shall be managed to facilitate coordinated

management among Federal and State agencies and other entities, as

appropriate, to provide comprehensive (looking beyond

jurisdictional boundaries) conservation of the coral reef ecosystem

and related marine resources and species throughout the

Northwestern Hawaiian Islands, consistent with applicable

authorities and the Management Principles of this section.

Sec. 5. Implementation. (a) Management of the Reserve. The

Secretary shall manage the Reserve under the National Marine

Sanctuaries Act and in accordance with this order.

(b) Reserve Operations Plan. The Secretary, in consultation with

the Secretary of the Interior and the Governor of Hawaii, shall

develop an operations plan to govern the management of the Reserve.

In developing the Reserve Operations Plan the Secretary shall

consider the advice and recommendations of the Reserve Council

established pursuant to paragraph (c) of this section. The Reserve

Operations Plan shall be directed at priority issues and actions

that, at a minimum, provide for:

(1) Coordinated management among the Reserve, Hawaiian Islands

National Wildlife Refuge, Midway Atoll National Wildlife Refuge,

and the State of Hawaii, consistent with relevant authorities;

(2) Coordination among Federal agencies and the Director of the

National Science Foundation to make vessels and other resources

available for conservation and research activities for the Reserve;

(3) The cleanup and prevention of marine debris in the Reserve;

(4) The restoration or remediation of any degraded or injured

resources of the Reserve;

(5) Research, monitoring, and assessment of the Reserve;

(6) Education and outreach about the Reserve and its resources

and efforts to conserve them;

(7) Enforcement and surveillance for the Reserve, including the

use of new technologies and coordination with the United States

Coast Guard and other relevant agencies;

(8) Identification and coordination with Native Hawaiian

interests, regarding culturally significant, noncommercial

subsistence, cultural, and religious uses and locations within the

Reserve;

(9) Identification of potential tourism, recreational, and

commercial activities within the Reserve and actions necessary to

ensure that these activities do not degrade the Reserve's resources

or diminish the Reserve's natural character;

(10) Use of vessel monitoring systems for any vessel entering or

transiting the Reserve, if warranted. To this end, the Secretary

in consultation with the Department of State, United States Coast

Guard, and the Department of Defense, shall evaluate the need for

the establishment of vessel monitoring systems and, if warranted,

shall initiate the steps necessary to have the appropriate domestic

agencies, and request that the International Maritime Organization,

adopt a vessel monitoring system requirement for the Reserve;

(11) Any regulations, in addition to the conservation measures

and Reserve Preservation Areas established under this order, that

the Secretary determines are necessary to manage the Reserve in

accordance with this order; and

(12) Coordination of all relevant activities with the process to

designate the Reserve as a National Marine Sanctuary, as provided

under paragraph (f) of this section.

include the conservation measures in section 7 of this order and

the Reserve Preservation Areas in section 8 of this order.

(d) Memorandum of Agreement. To further paragraph (b)(1) of this

section, and subject to section 10(b) of this order, and in

particular to promote coordinated management of the entirety of the

shallow areas of the coral reef ecosystem throughout the

Northwestern Hawaiian Islands, the Secretary shall work with the

Secretary of the Interior and Governor of the State of Hawaii to

enter into one or more memoranda of agreement for the coordinated

conservation and management of the Reserve, Midway Atoll and

Hawaiian Islands National Wildlife Refuges, and State of Hawaii

submerged lands and waters within the Northwestern Hawaiian

Islands.

(e) National Marine Sanctuary. The Secretary shall initiate the

process to designate the Reserve as a national marine sanctuary

pursuant to sections 303 and 304 of the National Marine Sanctuaries

Act (16 U.S.C. 1433, 1434). In doing so the Secretary shall

supplement or complement the existing Reserve. The Secretary shall,

in consultation with the Governor of the State of Hawaii, determine

whether State submerged lands and waters should be included as part

of the sanctuary. In designating and managing the sanctuary, the

Secretary shall consider the advice and recommendations of the

Reserve Council established pursuant to paragraph (f) of this

section.

(f) Council. After considering input from the Secretary of the

Interior and Governor of the State of Hawaii, the Secretary shall

establish a Coral Reef Ecosystem Reserve Council pursuant to

section 315 of the National Marine Sanctuaries Act (16 U.S.C.

1445a) to provide advice and recommendations on the Reserve

Operations Plan and designation and management of any sanctuary.

The Council shall include:

(1) Three Native Hawaiian representatives, including one Native

Hawaiian elder, with experience or knowledge regarding Native

Hawaiian subsistence, cultural, religious, or other activities in

the Northwestern Hawaiian Islands.

(2) Three representatives from the non-Federal science community

with experience specific to the Northwestern Hawaiian Islands and

with expertise in at least one of the following areas:

(A) Marine mammal science.

(B) Coral reef ecology.

(D) Oceanography.

(E) Any other scientific discipline the Secretary determines to

be appropriate.

(3) Three representatives from nongovernmental wildlife/marine

life, environmental, and/or conservation organizations.

(4) One representative from the commercial fishing industry that

conducts activities in the Northwestern Hawaiian Islands.

(5) One representative from the recreational fishing industry

that conducts activities in the Northwestern Hawaiian Islands.

(6) One representative from the ocean-related tourism industry.

(7) One representative from the non-Federal community with

experience in education and outreach regarding marine conservation

issues.

(8) One citizen-at-large representative.

(9) One representative from the State of Hawaii as appointed by

the Governor.

(10) One representative each, as nonvoting, ex officio members,

from the Department of the Interior, United States Coast Guard,

Department of Defense, Department of State, the National Marine

Fisheries Service, the Hawaiian Islands Humpback Whale National

Marine Sanctuary, National Science Foundation, Marine Mammal

Commission, and Western Pacific Regional Fishery Management

Council.

(g) Report. The Secretary shall provide a progress report on the

implementation of this order to the Chair of the Council on

Environmental Quality within 1 year from the date of this order.

Sec. 6. Area of the Reserve. The Reserve includes the waters and

submerged lands of the Northwestern Hawaiian Islands as follows:

(a) The seaward boundary of the Reserve is 50nm from the

approximate center geographical positions of Nihoa Island, Necker

Island, French Frigate Shoals, Gardner Pinnacles, Maro Reef, Laysan

Island, Lisianski Island, Pearl and Hermes Reef, Midway Atoll, and

Kure Island. Where the areas are not contiguous, parallel lines

drawn tangent to and connecting those semi-circles of the 50nm

areas that lie around such areas shall delimit the remainder of the

Reserve.

(b) The inland boundary of the Reserve around each of the areas

named in subparagraph (a) of this section is the seaward boundary

of Hawaii State waters and submerged lands, and the seaward

boundary of the Midway Atoll National Wildlife Refuge, as

appropriate.

attached to this order. The Secretary, after consultation with the

Governor of the State of Hawaii, may make technical modifications

to the boundary of the Reserve, including providing straight-line

boundaries for the Reserve for clarity and ease of identification,

as appropriate.

Sec. 7. Protection and Conservation Measures. The conservation

measures in this section apply throughout the Reserve.

(a)(1) Commercial Fishing. All currently existing commercial

Federal fishing permits and current levels of fishing effort and

take, which also includes the non-permitted level of trolling for

pelagic species by currently permitted bottom fishers, as

determined by the Secretary and pursuant to regulations in effect

on December 4, 2000, shall be capped as follows:

(A) No commercial fishing may occur in Reserve Preservation Areas

pursuant to section 8 of this order;

(B) There shall be no increase in the number of permits of any

particular type of fishing (such as for bottomfishing) beyond the

number of permits of that type in effect the year preceding the

date of this order;

particular type of fishing may not exceed the aggregate level of

take under all permits of that type of fishing as follows:

(1) Bottomfishing - the annual aggregate level for each permitted

bottomfisher shall be that permittee's individual average taken

over the 5 years preceding December 4, 2000, as determined by the

Secretary, provided that the Secretary, in furtherance of the

principles of the reserve, may make a one-time reasonable increase

to the total aggregate to allow for the use of two Native Hawaiian

bottomfishing permits;

(2) All other commercial fishing - the annual aggregate level

shall be the permittee's individual take in the year preceding

December 4, 2000, as determined by the Secretary.

(D) There shall be no permits issued for any particular type of

fishing for which there were no permits issued in the year

preceding the date of this order; and

(E) The type of fishing gear used by any permit holder may not be

changed except with the permission of the Secretary, as provided

under paragraph 3 of this section.

(F) Trolling for pelagic species shall be capped based on

reported landings for the year preceding December 4, 2000.

(2) Recreational Fishing. All currently existing (preceding the

date of this order) levels of recreational fishing effort, as

determined by the Secretary and pursuant to regulations in effect

on the day of this order, shall be capped (i.e., no increase of

take levels or levels of fishing effort, species targeted, or

change in gear types) throughout the Reserve. However, fishing is

further restricted as provided in section 8 of this order.

(3) The Secretary, after consultation with the Secretary of the

Interior and Governor of the State of Hawaii, and after public

review and comment and consideration of any advice or

recommendations of the Reserve Council and Western Pacific Regional

Fishery Management Council, may further restrict the fishing

activities under subparagraphs (a)(1) and (a)(2) of this section if

necessary to protect Reserve resources, or may authorize or require

alternate gear types if such gear would offer equal or greater

protection for Reserve resources.

(b) In addition to the conservation measures in paragraph (a) of

this section, the following activities are prohibited throughout

the Reserve:

(1) Exploring for, developing, or producing oil, gas, or

minerals;

(2) Having a vessel anchored on any living or dead coral with an

anchor, an anchor chain, or an anchor rope when visibility is such

that the seabed can be seen;

(3) Drilling into, dredging, or otherwise altering the seabed; or

constructing, placing, or abandoning any structure, material, or

other matter on the seabed, except as an incidental result of

anchoring vessels;

(4) Discharging or depositing any material or other matter into

the Reserve, or discharging or depositing any material or other

matter outside the Reserve that subsequently enters the Reserve and

injures any resource of the Reserve, except:

(A) fish parts (i.e., chumming materia (sic) or bait) used in and

during fishing operations authorized under this order;

(B) biodegradable effluent incident to vessel use and generated

by a marine sanitation device in accordance with section 312 of the

Federal Water Pollution Control Act, as amended (33 U.S.C. 1322);

down and graywater as defined in section 312 of the Federal Water

Pollution Control Act), excluding oily wastes from bilge pumping;

(D) cooling water from vessels or engine exhaust; and

(5) Removal, moving, taking, harvesting, or damaging any living

or nonliving Reserve resources, except as provided under paragraph

(a) of this section and sections 8(a) and 9 of this order.

activities listed in subparagraphs (b)(3)-(5) of this section to

the extent that they are necessary for research, monitoring,

education, or management activities that further the Management

Principles of section 4 of this order.

Sec. 8. Reserve Preservation Areas.

(a) To further protect Reserve resources, the following areas are

hereby established as Reserve Preservation Areas until some or all

are made permanent after adequate public review and comment, within

which all activities referred to in paragraph (b) of this section

are prohibited.

(1) From the seaward boundary of Hawaii State waters and

submerged lands to a mean depth of 100 fathoms (fm) around:

(A) Nihoa Island, provided that commercial bottomfishing and

commercial and recreational trolling for pelagic species in

accordance with the requirements of sections 7(a)(1) and 7(a)(2) of

this order, respectively, of this order (sic) shall be allowed to

continue seaward of a mean depth of 25 fm, unless and until the

Secretary determines otherwise after adequate public review and

comment;

(B) Necker Island, provided that commercial bottomfishing and

commercial and recreational trolling for pelagic species in

accordance with the requirements of sections 7(a)(1) and 7(a)(2) of

this order, respectively, of this order (sic) shall be allowed to

continue seaward of a mean depth of 25 fm, unless and until the

Secretary determines otherwise after adequate public review and

comment;

(D) Gardner Pinnacles, provided that commercial bottomfishing and

commercial and recreational trolling for pelagic species in

accordance with the requirements of sections 7(a)(1) and 7(a)(2) of

this order, respectively, of this order (sic) shall be allowed to

continue seaward of a mean depth of 25 fm, unless and until the

Secretary determines otherwise after adequate public review and

comment;

(E) Maro Reef, provided that commercial bottomfishing and

commercial and recreational trolling for pelagic species in

accordance with the requirements of sections 7(a)(1) and 7(a)(2) of

this order, respectively, of this order (sic) shall be allowed to

continue seaward of a mean depth of 25 fm, unless and until the

Secretary determines otherwise after adequate public review and

comment;

(F) Laysan Island, provided that commercial bottomfishing and

commercial and recreational trolling for pelagic species in

accordance with the requirements of sections 7(a)(1) and 7(a)(2) of

this order, respectively, of this order (sic) shall be allowed to

continue seaward of a mean depth of 50 fm, unless and until the

Secretary determines otherwise after adequate public review and

comment;

(G) Lisianski Island, provided that commercial bottomfishing and

commercial and recreational trolling for pelagic species in

accordance with the requirements of sections 7(a)(1) and 7(a)(2) of

this order, respectively, of this order (sic) shall be allowed to

continue seaward of a mean depth of 25 fm, unless and until the

Secretary determines otherwise after adequate public review and

comment;

(H) Pearl and Hermes Atoll; and

(I) Kure Atoll.

(2) Twelve nautical miles around the approximate geographical

centers of:

(A) The first bank immediately east of French Frigate Shoals;

(B) Southeast Brooks Bank, which is the first bank immediately

west of French Frigate Shoals, provided that the closure area shall

not be closer than approximately 3nm of the next bank immediately

west;

be closer than approximately 3nm of the next bank immediately east,

provided further that bottomfishing in accordance with the

requirements of section 7(a)(1) of this order shall be allowed to

continue, unless and until the Secretary determines otherwise after

adequate public review and comment;

(D), (E) (Revoked. Ex. Ord. No. 13196, Sec. 4, Jan. 18, 2001, 66

F.R. 7396)

(F) Pioneer Bank, provided that commercial bottomfishing and

commercial and recreational trolling for pelagic species in

accordance with the requirements of sections 7(a)(1) and 7(a)(2) of

this order, respectively, of this order (sic) shall be allowed to

continue, unless and until the Secretary determines otherwise after

adequate public review and comment.

(3) Twelve nautical miles around the approximate geographical

centers of

(A) The first bank west of St. Rogation Bank, east of Gardner

Pinnacles, provided that commercial bottomfishing and commercial

and recreational trolling for pelagic species in accordance with

the requirements of sections 7(a)(1) and 7(a)(2) of this order,

shall be allowed to continue for a period of 5 years from the date

of this order; and

(B) Raita Bank, provided that commercial bottomfishing and

commercial and recreational trolling for pelagic species in

accordance with the requirements of sections 7(a)(1) and 7(a)(2) of

this order, shall be allowed to continue for a period of 5 years

from the date of this order; and

shall only continue to allow commercial bottomfishing and

commercial and recreational trolling for pelagic species after the

5-year time period if it is determined that continuation of such

activities will have no adverse impact on the resources of these

banks.

(b) Activities Prohibited Within Reserve Preservation Areas.

(1) In addition to the conservation measures in section 7 of this

order, which are applicable to the entire Reserve, the following

activities are prohibited within the Reserve Preservation Areas

listed in paragraph (a) of this section, except as expressly

otherwise stated in this paragraph and sections (8)(a) and 9 of

this order:

(A) Commercial and recreational fishing;

(B) Anchoring in any area that contains available mooring buoys,

or anchoring outside an available anchoring area when such area has

been designated by the Secretary;

(D) Discharging or depositing any material or other matter except

cooling water or engine exhaust; and

(E) Such other activities that the Secretary identifies after

adequate public review and comment, and after consideration of any

advice and recommendations of the Reserve Council.

(2) Notwithstanding the prohibitions in this paragraph, the

Secretary may conduct, or authorize by permit, research,

monitoring, education, or management activities within any Reserve

Preservation Area that further the Management Principles of section

4 of this order.

(3) The Reserve Preservation Areas in this section are

approximated using fathoms. The Secretary will develop straight

line boundaries based on longitude and latitude coordinates to

encompass each Reserve Preservation Area, to provide for clarity

and ease of identification. The Secretary may make technical

modifications to any such boundaries.

Sec. 9. Native Hawaiian Uses. Native Hawaiian noncommercial

subsistence, cultural, or religious uses may continue, to the

extent consistent with existing law, within the Reserve and Reserve

Preservation Areas identified under section 8 of this order. The

Secretary shall work with Native Hawaiian interests to identify

those areas where such Native Hawaiian uses of the Reserve's

resources may be conducted without injury to the Reserve's coral

reef ecosystem and related marine resources and species, and may

revise the areas where such activities may occur after public

review and comment, and consideration of any advice and

recommendations of the Reserve Council.

Sec. 10. National Wildlife Refuges.

(a) The Secretary of the Interior, in managing, through the U.S.

Fish and Wildlife Service the Hawaiian Islands and Midway Atoll

National Wildlife Refuges pursuant to the National Wildlife Refuge

System Administration Act (16 U.S.C. 668dd-668ee) and other

applicable laws, shall follow the Management Principles of section

4 of this order, to the extent consistent with applicable law.

(b) Wherever the Reserve overlaps the Hawaiian Islands National

Wildlife Refuge, the Reserve shall be managed to supplement and

complement management of the Refuge to ensure coordinated

conservation and management of the Reserve and the Refuge,

consistent with the purposes and policies of the National Marine

Sanctuaries Act, the National Marine Sanctuaries Amendments Act of

2000, and this order, and the authorities of the U.S. Fish and

Wildlife Service under the National Wildlife Refuge System

Administration Act (16 U.S.C. 668dd-668ee) and other laws with

respect to management of the Refuge. Nothing in this order shall

enlarge or diminish the jurisdiction or authority of the Secretary

or Secretary of the Interior in managing the Reserve or Refuge,

respectively.

Wildlife Service, shall coordinate with the Secretary and the

Governor of the State of Hawaii, as provided under section 5(b) of

this order, to ensure coordinated protection and management among

the Reserve, Refuges, and State, consistent with relevant

authorities.

Sec. 11. Administration and Judicial Review.

(a) International Law. Management of the Reserve and any

regulations issued pursuant thereto and all other provisions of

this order shall be applied consistently with the 1983 Presidential

Proclamation on the Exclusive Economic Zone (Proc. No. 5030, 16

U.S.C. 1453 note), the 1988 Presidential Proclamation on the

Territorial Sea (Proc. No. 5928, 43 U.S.C. 1331 note), and the 1999

Presidential Proclamation on Contiguous Zone (Proc. No. 7219, 43

U.S.C. 1331 note) and in accordance with generally recognized

principles of international law, and with the treaties,

conventions, and other agreements to which the United States is a

party. The Secretary shall consult with the Department of State in

implementing this order.

(b) Agency Responsibilities. All Federal agencies whose actions

may affect the Reserve and any National Marine Sanctuary

established by the Secretary pursuant to this order shall carry out

such actions in accordance with applicable laws, regulations and

Executive Orders, including Executive Orders 13089 of June 11, 1998

(set out above), and 13158 of May 26, 2000 (16 U.S.C. 1431 note).

applicable law, nothing in this order is intended to apply to

military activities (including those carried out by the United

States Coast Guard), including military exercises, conducted within

or in the vicinity of the Reserve, consistent with the requirements

of Executive Orders 13089 of June 11, 1998, and 13158 of May 26,

2000. Further, nothing in this order is intended to restrict the

Department of Defense from conducting activities necessary during

time of war or national emergency, or when necessary for reasons of

national security as determined by the Secretary of Defense,

consistent with applicable law. In addition, consistent with

applicable law, nothing in this order shall limit agency actions to

respond to emergencies posing an unacceptable threat to human

health or safety or to the marine environment and admitting of no

other feasible solution.

(d) United States Coast Guard. Nothing in this order is intended

to limit the authority of the United States Coast Guard to enforce

any Federal law, or install or maintain aids to navigation.

(e) Funding. This order shall be carried out subject to the

availability of appropriated funds and to the extent permitted by

law.

(f) Territorial Waters. Nothing in this order shall enlarge or

diminish the jurisdiction or authority of the State of Hawaii or

the United States over submerged or other lands within the

territorial waters off the coast of Hawaii.

(g) Judicial Review. This order does not create any right or

benefit, substantive or procedural, enforceable in law or equity by

a party against the United States, its agencies, its officers, or

any person. William J. Clinton.

EX. ORD. NO. 13196. FINAL NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF

ECOSYSTEM RESERVE

Ex. Ord. No. 13196, Jan. 18, 2001, 66 F.R. 7395, provided: