[Weekly Compilation of Presidential Documents Volume 37, Number 3 (Monday, January 22, 2001)]
[Pages 184-186]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13196--Final Northwestern Hawaiian Islands Coral Reef 
Ecosystem Reserve

January 18, 2001

    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-e.e.), and other pertinent 
statutes, it is ordered as follows:
    Sec. 1. Preamble. On December 4, 2000, I issued Executive Order 
13178 establishing the Northwestern Hawaiian Islands Coral Reef 
Ecosystem Reserve (Reserve) pursuant to my authority under the National 
Marine Sanctuaries Act, as amended by the National Marine Sanctuary 
Amendments Act of 2000 (Act). In establishing the Reserve, I set forth a 
number of conservation measures and created specific Reserve 
Preservation Areas to protect the coral reef ecosystem and related 
marine resources and species (resources) of the Reserve. The Act 
provides that no closure

[[Page 185]]

areas can become permanent without adequate notice and comment. 
Accordingly, I proposed to make permanent the Reserve Preservation Areas 
and initiated a 30-day comment period on this proposal. I also sought 
comment on the conservation measures for the Reserve. On my behalf, the 
Secretary of Commerce received the public comments and held seven public 
hearings,including six throughout Hawaii. After considering the comments 
expressed at the hearings and received in writing, I have determined to 
make permanent the Reserve Preservation Areas with certain modifications 
set forth below. Further, I have modified certain conservation measures 
to address concerns raised, particularly regarding commercial and 
recreational fishing within the Reserve. With this action, the 
establishment of the Reserve under the Act, including the conservation 
measures and permanent Reserve Preservation Areas, is complete. The 
Secretary of Commerce will manage the Reserve pursuant to Executive 
Order 13178, as modified by this order, under the Act. The Secretary 
shall also initiate the process to designate the Reserve as a National 
Marine Sanctuary, as required by the Act.
    Sec. 2. Purpose. The purpose of this order is to amend Executive 
Order 13178, and to make permanent Reserve Preservation Areas, as 
modified below, to ensure the comprehensive, strong, and lasting 
protection of the resources of the Northwestern Hawaiian Islands.
    Sec. 3. Amendments to Sections 7 of Executive Order 13178.
      1. Section 7(a)(1) of Executive Order 13178 is hereby amended by 
      revising the first sentence to read as follows:
      ``Commercial Fishing. All currently existing commercial Federal 
      fishing permits and current levels of fishing effort and take, 
      which also includes the non-permitted level of trolling for 
      pelagic species by currently permitted bottom fishers, as 
      determined by the Secretary and pursuant to regulations in effect 
      on December 4, 2000, shall be capped as follows:''
      2. Section 7(a)(1)(C) of Executive Order 13178 is hereby revised 
      to read as follows:
      ``(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 as follows:
        (1) Bottomfishing--the annual aggregate level for each permitted 
      bottomfisher shall be that permittee's individual average taken 
      over the 5 years preceding December 4, 2000, as determined by the 
      Secretary, provided that the Secretary, in furtherance of the 
      principles of the reserve, may make a one-time reasonable increase 
      to the total aggregate to allow for the use of two Native Hawaiian 
      bottomfishing permits;
        (2) All other commercial fishing--the annual aggregate level 
      shall be the permittee's individual take in the year preceding 
      December 4, 2000, as determined by the Secretary.''
      3. A new section 7(a)(1)(F) is hereby added to Executive Order 
      13178and reads as follows:
      ``(F) Trolling for pelagic species shall be capped based on 
      reported landings for the year preceding December 4, 2000.''
      4. Section 7(b)(4) is revised to read as follows:
    ``(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:
      (A) fish parts (i.e., chumming materia or bait) used in and during 
      fishing operations authorized under this order;
      (B) biodegradable effluent incident to vessel use and generated by 
      a marine sanitation device in accordance with section 312 of the 
      Federal Water Pollution Control Act, as amended;
      (C) water generated by routine vessel operations (e.g., deck wash 
      down and graywater as defined in section 312 of the Federal Water 
      Pollution Control Act), excluding oily wastes from bilge pumping; 
      or
      (D) cooling water from vessels or engine exhaust; and''.
    Sec. 4. Amendments to Sections 8 of Executive Order 13178.

[[Page 186]]

      1. Section 8 of Executive Order 13178 is modified by substituting 
      ``provided that commercial bottomfishing and commercial and 
      recreational trolling for pelagic species in accordance with the 
      requirements of sections 7(a)(1) and 7(a)(2) of this order, 
      respectively,'' for ``provided that bottomfishing in accordance 
      with the requirements of section 7(a)(1)'' everywhere the latter 
      phrase appears in section 8.
      2. Section 8(a)(1)(A) is modified by substituting ``a mean depth 
      of 25 fm'' for ``a mean depth of 10fm.''
      3. Section 8(a)(1)(B) is modified by substituting ``a mean depth 
      of 25 fm'' for ``a mean depth of 20fm.''
      4. Section 8(a)(1)(D) is modified by substituting ``a mean depth 
      of 25 fm'' for ``a mean depth of 10fm.''
      5. Section 8(a)(1)(E) is modified by substituting ``a mean depth 
      of 25 fm'' for ``a mean depth of 20fm.''
      6. Section 8(a)(1)(G) is modified by substituting ``a mean depth 
      of 25 fm'' for ``a mean depth of 50fm.''
      7. Section 8(a)(1)(I) is revised to read ``Kure Atoll.''
      8. Sections 8(a)(2)(D) and (E) are hereby deleted and a new 
      section 8(a)(3) is hereby substituted as follows:
      ``(3) Twelve nautical miles around the approximate geographical 
      centers of
      (A) The first bank west of St. Rogation Bank, east of Gardner 
      Pinnacles, provided that commercial bottomfishing and commercial 
      and recreational trolling for pelagic species in accordance with 
      the requirements of sections 7(a)(1) and 7(a)(2) of this order, 
      shall be allowed to continue for a period of 5 years from the date 
      of this order; and
      (B) Raita Bank, provided that commercial bottomfishing and 
      commercial and recreational trolling for pelagic species in 
      accordance with the requirements of sections 7(a)(1) and 7(a)(2) 
      of this order, shall be allowed to continue for a period of 5 
      years from the date of this order; and
      (C) Provided that both banks described above in (3)(A) and (3)(B) 
      shall only continue to allow commercial bottomfishing and 
      commercial and recreational trolling for pelagic species after the 
      5-year time period if it is determined that continuation of such 
      activities will have no adverse impact on the resources of these 
      banks.''
    Sec. 5. Reserve Preservation Areas. The Reserve Preservation Areas, 
as modified in sections 3 and 4 of this order, are hereby made permanent 
in accordance with the Act.
    Sec. 6. 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,
January 18, 2001.

[Filed with the Office of the Federal Register, 8:45 a.m., January 22, 
2001]

Note: This Executive order will be published in the Federal Register on 
January 23.