[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Presidential Documents]
[Pages 76903-76910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31313]



[[Page 76901]]

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Part X





The President





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Executive Order 13178--Northwestern Hawaiian Islands Coral Reef 
Ecosystem Reserve
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                         Presidential Documents 
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  Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 76903]]

                Executive Order 13178 of December 4, 2000

                
Northwestern Hawaiian Islands Coral Reef 
                Ecosystem Reserve

                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, 
                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 (33 U.S.C. 1401 et seq.), Coastal Zone 
                Management Act (16 U.S.C. 1451 et seq.), Endangered 
                Species Act (16 U.S.C. 1531 et seq.), Marine Mammal 
                Protection Act (16 U.S.C. 1362 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.

[[Page 76904]]

                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;
                    (c) Culturally significant, noncommercial 
                subsistence, cultural, 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.

[[Page 76905]]

                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.

                    (c) Conservation Measures. The Reserve Operations 
                Plan shall also 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

[[Page 76906]]

                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.

                 (C) Native marine flora and fauna of the Hawaiian 
                Islands.

                 (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.
                    (c) The Reserve boundary is generally depicted on 
                the map attached to this order. The Secretary, after 
                consultation with the Governor of the State

[[Page 76907]]

                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, as determined by the 
                Secretary and pursuant to regulations in effect on the 
                date of this order, 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;

                 (C) The annual level of aggregate take under all 
                permits of any particular type of fishing may not 
                exceed the aggregate level of take under all permits of 
                that type of fishing in the years preceding the date of 
                this order, as determined by the Secretary, provided 
                that the Secretary shall equitably divide the aggregate 
                level into individual levels per permit, and further 
                provided that the Secretary may make a one-time 
                reasonable increase to the total aggregate to allow for 
                the use of two Native Hawaiian bottomfishing permits;

                 (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.

                    (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 fish parts (i.e., 
                chumming material or bait) used in and during 
                authorized fishing operations, or discharges incidental 
                to vessel use such as deck wash, approved marine 
                sanitation device effluent, cooling water, and engine 
                exhaust; and

[[Page 76908]]

                 (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.

                    (c) The Secretary may conduct, or authorize by 
                permit the 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 bottomfishing in 
                accordance with the requirements of section 7(a)(1) of 
                this order shall be allowed to continue seaward of a 
                mean depth of 10fm, unless and until the Secretary 
                determines otherwise after adequate public review and 
                comment;

                 (B) Necker Island, provided that bottomfishing in 
                accordance with the requirements of section 7(a)(1) of 
                this order shall be allowed to continue seaward of a 
                mean depth of 20fm, unless and until the Secretary 
                determines otherwise after adequate public review and 
                comment;

                 (C) French Frigate Shoals;

                 (D) Gardner Pinnacles, provided that bottomfishing in 
                accordance with the requirements of section 7(a)(1) of 
                this order shall be allowed to continue seaward of a 
                mean depth of 10fm, unless and until the Secretary 
                determines otherwise after adequate public review and 
                comment;

                 (E) Maro Reef, provided that bottomfishing in 
                accordance with the requirements of section 7(a)(1) of 
                this order shall be allowed to continue seaward of a 
                mean depth of 20fm, unless and until the Secretary 
                determines otherwise after adequate public review and 
                comment;

                 (F) Laysan Island, provided that bottomfishing in 
                accordance with the requirements of section 7(a)(1) of 
                this order shall be allowed to continue seaward of a 
                mean depth of 50fm, unless and until the Secretary 
                determines otherwise after adequate public review and 
                comment;

                 (G) Lisianski Island, provided that bottomfishing in 
                accordance with the requirements of section 7(a)(1) of 
                this order shall be allowed to continue seaward of a 
                mean depth of 50fm, unless and until the Secretary 
                determines otherwise after adequate public review and 
                comment;

                 (H) Pearl and Hermes Atoll; and

                 (I) Kure Island.

                    (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;

                 (C) St. Rogatien Bank, provided that the closure area 
                shall not 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) The first bank west of St. Rogatien Bank, east of 
                Gardner Pinnacles;

                 (E) Raita Bank; and

                 (F) Pioneer Bank, provided that bottomfishing in 
                accordance with the requirements of section 7(a)(1) of 
                this order shall be allowed to continue, unless

[[Page 76909]]

                and until the Secretary determines otherwise after 
                adequate public review and comment.

                    (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;

                 (C) Any type of touching or taking of living or dead 
                coral;

                 (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.
                    (c) The Secretary of the Interior, through the U.S. 
                Fish and Wildlife Service, shall coordinate with the 
                Secretary and the Governor of the State

[[Page 76910]]

                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, the 1988 Presidential 
                Proclamation on the Territorial Sea, and the 1999 
                Presidential Proclamation on Contiguous Zone 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, and 13158 of May 26, 2000.
                    (c) National Security and Emergency Actions. 
                Consistent with 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.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 4, 2000.

[FR Doc. 00-31313
Filed 12-6-00; 8:45 am]
Billing code 3195-01-P