98-16161. Coral Reef Protection

  • [Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
    [Presidential Documents]
    [Pages 32701-32703]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-16161]
    
    
    
    
                            Presidential Documents 
    
    
    
    Federal Register / Vol. 63, No. 115 / Tuesday, June 16, 1998 / 
    Presidential Documents
    
    ___________________________________________________________________
    
    Title 3--
    The President
    
    [[Page 32701]]
    
                    Executive Order 13089 of June 11, 1998
    
                    
    Coral Reef Protection
    
                    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.), Coastal Zone Management Act (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), 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.
    
    [[Page 32702]]
    
                    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.
                        (c) Conservation, Mitigation, and Restoration. The 
                    Task Force, in 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
    
    [[Page 32703]]
    
                    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.
    
                        (Presidential Sig.)
    
                    THE WHITE HOUSE,
    
                        June 11, 1998.
    
    [FR Doc. 98-16161
    Filed 6-15-98; 8:45 am]
    Billing code 3195-01-P
    
    
    

Document Information

Published:
06/16/1998
Department:
Executive Office of the President
Entry Type:
Presidential Document
Document Type:
Executive Order
Document Number:
98-16161
Pages:
32701-32703 (3 pages)
EOCitation:
E.O. 13089 of 1998-06-11
EONotes:
See: EO 13178, December 4, 2000
PDF File:
98-16161.pdf