[Weekly Compilation of Presidential Documents Volume 36, Number 49 (Monday, December 11, 2000)]
[Pages 2969-2976]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13178--Northwestern Hawaiian Islands Coral Reef 
Ecosystem Reserve

December 4, 2000

    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

[[Page 2970]]

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.
    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

[[Page 2971]]

    (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. 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

[[Page 2972]]

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 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

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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 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

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            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
(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

[[Page 2975]]

            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 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

[[Page 2976]]

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 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.
                                            William J. Clinton
 The White House,
 December 4, 2000.

 [Filed with the Office of the Federal Register, 8:45 a.m., December 6, 
2000]

Note: This Executive order was published in the Federal Register on 
December 7.