[Weekly Compilation of Presidential Documents Volume 34, Number 24 (Monday, June 15, 1998)]
[Pages 1099-1102]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13089--Coral Reef Protection
June 11, 1998
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
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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.
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. 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, common-wealth, and local governments,
and, to the extent feasible, shall enhance Federal participation and
support of such strategies and plans. The Task Force
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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 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.
William J. Clinton
The White House,
June 11, 1998.
[Filed with the Office of the Federal Register, 8:45 a.m., June 15,
1998]
Note: This Executive order will be published in the Federal Register on
June 16.
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