[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Presidential Documents]
[Pages 90669-90674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30277]


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  Federal Register / Vol. 81 , No. 240 / Wednesday, December 14, 2016 / 
Presidential Documents  

[[Page 90669]]


                Executive Order 13754 of December 9, 2016

                
Northern Bering Sea Climate Resilience

                By the authority vested in me as the President by the 
                Constitution and the laws of the United States of 
                America, including the Outer Continental Shelf Lands 
                Act, 43 U.S.C. 1331 et seq., it is hereby ordered as 
                follows:

                Section 1. Purpose. As recognized in Executive Order 
                13689 of January 21, 2015, (Enhancing Coordination of 
                National Efforts in the Arctic), Arctic environmental 
                stewardship is in the national interest. In furtherance 
                of this principle, and as articulated in the March 10, 
                2016, U.S.-Canada Joint Statement on Climate, Energy, 
                and Arctic Leadership, the United States has resolved 
                to confront the challenges of a changing Arctic by 
                working to conserve Arctic biodiversity; support and 
                engage Alaska Native tribes; incorporate traditional 
                knowledge into decisionmaking; and build a sustainable 
                Arctic economy that relies on the highest safety and 
                environmental standards, including adherence to 
                national climate goals. The United States is committed 
                to achieving these goals in partnership with indigenous 
                communities and through science-based decisionmaking. 
                This order carries forth that vision in the northern 
                Bering Sea region.

                The Bering Sea and Bering Strait are home to numerous 
                subsistence communities, rich indigenous cultures, and 
                unique marine ecosystems, each of which plays an 
                important role in maintaining regional resilience. The 
                changing climate and rising average temperatures are 
                reducing the occurrence of sea ice; changing the 
                conditions for fishing, hunting, and subsistence 
                whaling; and opening new navigable routes to increased 
                ship traffic. The preservation of a healthy and 
                resilient Bering ecosystem, including its migratory 
                pathways, habitat, and breeding grounds, is essential 
                for the survival of marine mammals, fish, seabirds, 
                other wildlife, and the subsistence communities that 
                depend on them. These communities possess a unique 
                understanding of the Arctic ecosystem, and their 
                traditional knowledge should serve as an important 
                resource to inform Federal decisionmaking.

                Sec. 2. Policy. It shall be the policy of the United 
                States to enhance the resilience of the northern Bering 
                Sea region by conserving the region's ecosystem, 
                including those natural resources that provide 
                important cultural and subsistence value and services 
                to the people of the region. For the purpose of 
                carrying out the specific directives provided herein, 
                this order delineates an area hereafter referred to as 
                the ``Northern Bering Sea Climate Resilience Area,'' in 
                which the exercise of relevant authorities shall be 
                coordinated among all executive departments and 
                agencies (agencies). All agencies charged with 
                regulating, overseeing, or conducting activities in the 
                Northern Bering Sea Climate Resilience Area shall do so 
                with attention to the rights, needs, and knowledge of 
                Alaska Native tribes; the delicate and unique 
                ecosystem; the protection of marine mammals, fish, 
                seabirds, and other wildlife; and with appropriate 
                coordination with the State of Alaska.

                The boundary of the Northern Bering Sea Climate 
                Resilience Area includes waters within the U.S. 
                Exclusive Economic Zone bounded to the north by the 
                seaward boundary of the Bering Straits Native 
                Corporation established pursuant to the Alaska Native 
                Claims Settlement Act; to the south by the southern 
                boundaries of the Northern Bering Sea Research Area, 
                the St. Matthew Habitat Conservation Area, and the 
                Nunivak-Kuskokwim Habitat Conservation Area; and to the 
                west by the maritime boundary delimited

[[Page 90670]]

                by the Agreement Between the United States of America 
                and the Union of Soviet Socialist Republics on the 
                Maritime Boundary, signed at Washington, June 1, 1990.

                Sec. 3. Withdrawal. Under the authority granted to me 
                in section 12(a) of the Outer Continental Shelf Lands 
                Act, 43 U.S.C. 1341(a), I hereby withdraw from 
                disposition by leasing for a time period without 
                specific expiration the following areas of the Outer 
                Continental Shelf: (1) the area currently designated by 
                the Bureau of Ocean Energy Management as the Norton 
                Basin Planning Area; and (2) the Outer Continental 
                Shelf lease blocks within the Bureau of Ocean Energy 
                Management's St. Matthew-Hall Planning Area lying 
                within 25 nautical miles of St. Lawrence Island. The 
                boundaries of the withdrawn areas are more specifically 
                delineated in the attached map and, with respect to the 
                St. Matthew-Hall Planning Area, the accompanying table 
                of withdrawn Outer Continental Shelf lease blocks. Both 
                the map and table form a part of this order, with the 
                table governing the withdrawal and withdrawal 
                boundaries within the St. Matthew-Hall Planning Area. 
                This withdrawal prevents consideration of these areas 
                for future oil or gas leasing for purposes of 
                exploration, development, or production. This 
                withdrawal furthers the principles of responsible 
                public stewardship entrusted to this office and takes 
                due consideration of the importance of the withdrawn 
                area to Alaska Native tribes, wildlife, and wildlife 
                habitat, and the need for regional resiliency in the 
                face of climate change. Nothing in this withdrawal 
                affects rights under existing leases in the withdrawn 
                areas.

                Sec. 4. Task Force on the Northern Bering Sea Climate 
                Resilience Area. (a) There is established a Task Force 
                on the Northern Bering Sea Climate Resilience Area 
                (Bering Task Force), under the Arctic Executive 
                Steering Committee (AESC) established in Executive 
                Order 13689, to be co-chaired by an office of the 
                Department of the Interior, the National Oceanic and 
                Atmospheric Administration, and the U.S. Coast Guard.

                    (b) The membership of the Bering Task Force (member 
                agencies) shall include, in addition to the Co-Chairs, 
                designated senior-level representatives from:

(i) the Department of State;

(ii) the Department of Defense;

(iii) the Department of Transportation;

(iv) the Environmental Protection Agency;

(v) the U.S. Army Corps of Engineers;

(vi) the U.S. Arctic Research Commission;

(vii) the National Science Foundation; and

(viii) such agencies and offices as the Co-Chairs may designate.

                    (c) Consistent with the authorities and 
                responsibilities of its member agencies, the Bering 
                Task Force, with the purpose of advancing the United 
                States policy in the Northern Bering Sea Climate 
                Resilience Area as set forth in section 2 of this 
                order, shall:

(i) Establish and provide regular opportunities to consult with the Bering 
Intergovernmental Tribal Advisory Council as described in section 5 of this 
order;

(ii) Coordinate activities of member agencies, including regulatory, 
policy, and research activities, affecting the Northern Bering Sea Climate 
Resilience Area and its value for subsistence and cultural purposes;

(iii) Consider the need for additional actions or strategies to advance the 
policies established in section 2 of this order and provide recommendations 
as appropriate to the President through the AESC;

(iv) Consider and make recommendations with respect to the impacts of 
shipping on the Northern Bering Sea Climate Resilience Area including those 
described in sections 7 and 8 of this order; and

[[Page 90671]]

(v) In developing and implementing recommendations, coordinate or consult 
as appropriate with existing AESC working groups, the State of Alaska, 
regional and local governments, Alaska Native tribal governments, Alaska 
Native corporations and organizations, the private sector, other relevant 
organizations, and academia.

                Sec. 5. The Bering Intergovernmental Tribal Advisory 
                Council. (a) The Bering Task Force, within 6 months of 
                the date of this order, and after considering 
                recommendations from Alaska Native tribal governments, 
                shall, in accordance with existing law, establish a 
                Bering Intergovernmental Tribal Advisory Council, for 
                the purpose of providing input to the Bering Task Force 
                and facilitating effective consultation with Alaska 
                Native tribal governments.

                    (b) The Bering Intergovernmental Tribal Advisory 
                Council shall be charged with providing input and 
                recommendations on activities, regulations, guidance, 
                or policy that may affect actions or conditions in the 
                Northern Bering Sea Climate Resilience Area, with 
                attention given to climate resilience; the rights, 
                needs, and knowledge of Alaska Native tribes; the 
                delicate and unique ecosystem; and the protection of 
                marine mammals and other wildlife.
                    (c) The Bering Intergovernmental Tribal Advisory 
                Council should include between 9 and 11 elected 
                officials or their designees representing Alaska Native 
                tribal governments with a breadth of interests in the 
                Northern Bering Sea Climate Resilience Area, and may 
                include such additional Federal officials and State and 
                local government elected officials as the Bering Task 
                Force deems appropriate. The Bering Intergovernmental 
                Tribal Advisory Council will adopt such procedures as 
                it deems necessary to govern its activities.

                Sec. 6. Traditional Knowledge in Decisionmaking. It 
                shall be the policy of the United States to recognize 
                and value the participation of Alaska Native tribal 
                governments in decisions affecting the Northern Bering 
                Sea Climate Resilience Area and for all agencies to 
                consider traditional knowledge in decisions affecting 
                the Northern Bering Sea Climate Resilience Area. 
                Specifically, all agencies shall consider applicable 
                information from the Bering Intergovernmental Tribal 
                Advisory Council in the exercise of existing agency 
                authorities. Such input may be received through 
                existing agency procedures and consultation processes.

                Sec. 7. Pollution from Vessels. The Bering Task Force, 
                within 9 months of the date of this order and after 
                coordination as needed with existing working groups 
                within the AESC, shall provide the AESC with 
                recommendations on:

                    (a) Actions to ensure or support implementation of 
                the International Code for Ships Operating in Polar 
                Waters, as adopted by the International Maritime 
                Organization, especially with respect to limitations on 
                discharges from vessels in the Northern Bering Sea 
                Climate Resilience Area; and
                    (b) Any additional measures necessary to achieve 
                the policies established in section 2 of this order, 
                such as the potential identification of zero-discharge 
                zones, assessments of the pollution risks posed by 
                increased vessel traffic, or noise reduction measures 
                associated with sensitive ecological and cultural areas 
                within the Northern Bering Sea Climate Resilience Area.

                Sec. 8. Shipping Routing Measures. (a) In recognition 
                of the United States commitment to reduce the impact of 
                shipping within the Bering Sea and the Bering Strait 
                and the many environmental factors in the Northern 
                Bering Sea Climate Resilience Area that inform the best 
                routes for navigation, safety, and the marine 
                environment, the U.S. Coast Guard should conclude its 
                ongoing port access route study for the Chukchi Sea, 
                Bering Strait, and Bering Sea (Bering Sea PARS) 
                pursuant to the Ports and Waterways Safety Act, 33 
                U.S.C. 1221 et seq.

                    (b) In designation of routes and any areas to be 
                avoided, and consistent with existing authorities, 
                consideration should be given to the Northern Bering 
                Sea Climate Resilience Area, including the effects of 
                shipping and vessel pollution on the marine 
                environment, fishery resources, the seabed

[[Page 90672]]

                and subsoil of the Outer Continental Shelf, marine 
                mammal migratory pathways and other biologically 
                important areas, and subsistence whaling, hunting, and 
                fishing.
                    (c) In recognition of the value of participation of 
                Alaska Native tribal governments in decisions affecting 
                the Northern Bering Sea Climate Resilience Area, the 
                U.S. Coast Guard should consider traditional knowledge, 
                including with respect to marine mammal, waterfowl, and 
                seabird migratory pathways and feeding and breeding 
                grounds, in the development of the Bering Sea PARS, 
                establishment of routing measures and any areas to be 
                avoided, and subsequent rulemaking and management 
                decisions.
                    (d) No later than December 30, 2016, the U.S. Coast 
                Guard shall publish preliminary findings for the Bering 
                Sea PARS in the Federal Register, including information 
                related to its status, potential routing measures, and 
                its projected schedule. The U.S. Coast Guard should 
                also consider using this opportunity to provide notice 
                of any new information or proposed measures resulting 
                from its ongoing consultation process.
                    (e) Upon completion of the Bering Sea PARS, the 
                U.S. Coast Guard shall promptly issue a notice of 
                proposed rulemaking for any designation contemplated on 
                the basis of the study. The U.S. Coast Guard shall 
                coordinate as appropriate with the Department of State 
                and other coastal nations and submit any proposed 
                routing measures to the International Maritime 
                Organization by 2018 for the purpose of their adoption 
                and implementation.

                Sec. 9. Oil Spill Preparedness. The U.S. Coast Guard, 
                in coordination with all relevant agencies and the 
                State of Alaska, shall update the Area Contingency 
                plans, the Subarea Response Plans, and the Geographic 
                Response Strategies relevant to the Northern Bering Sea 
                Climate Resilience Area. These plans and strategies 
                shall be consistent with the National Contingency Plan, 
                and shall include appropriate measures to improve local 
                response capacity and preparedness such as spill 
                response training opportunities for local communities, 
                including Hazardous Waste Operations and Emergency 
                Response training for Village Public Safety Officers 
                and other first responders.

                Sec. 10. Continuity of Existing Habitat Protection. The 
                area included in the Northern Bering Sea Climate 
                Resilience Area is currently closed to commercial non-
                pelagic trawl gear under rules implementing the Fishery 
                Management Plans of the Bering Sea and Aleutian Islands 
                Management Area and the Arctic Management Area. 
                Consistent with existing law, the National Oceanic and 
                Atmospheric Administration, in coordination with the 
                North Pacific Fishery Management Council, shall take 
                such actions as are necessary to support the policy set 
                forth in section 2 of this order, including actions to 
                maintain the existing prohibitions on the use of 
                commercial non-pelagic trawl gear.

                Sec. 11. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

  (1) the authority granted by law to a department, agency, or the head 
thereof; or

  (2) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistently 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

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                    (d) The policies set forth in this order are 
                consistent with existing U.S. obligations under 
                international law and nothing in this order shall be 
                construed to derogate from obligations under applicable 
                international law.
                
                
                    (Presidential Sig.)

                 THE WHITE HOUSE,

                    December 9, 2016.

Billing code 3295-F7-P


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[GRAPHIC] [TIFF OMITTED] TD14DE16.040


[FR Doc. 2016-30277
Filed 12-13-16; 11:15 a.m.]
Billing code 4310-10-C