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Executive Order 13089

Issued by William J. Clinton on Thursday 11 June 1998


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 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


Citation: 63 FR 32701
See: EO 13178, December 4, 2000
 

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