Coral Reef Protection Documents
Coral Reef Protection



Federal Register, Volume 63 Issue 115 (Tuesday, June 16, 1998)

[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Presidential Documents]
[Pages 32701-32703]
From the Federal Register Online via the Government Printing 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