Presidential DocumentExecutive Order 1319601-2214
Final Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 23, 2001
Signed
January 18, 2001
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 66 Issue 15 (Tuesday, January 23, 2001)</title>
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[Federal Register Volume 66, Number 15 (Tuesday, January 23, 2001)]
[Presidential Documents]
[Pages 7395-7397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 01-2214]
Presidential Documents
Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 /
Presidential Documents
[[Page 7395]]
Executive Order 13196 of January 18, 2001
Final 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-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 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:''
[[Page 7396]]
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 13178 and 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.
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
[[Page 7397]]
(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.
(Presidential Sig.)<Clinton1><Clinton2>
THE WHITE HOUSE,
January 18, 2001.
[FR Doc. 01-2214
Filed 1-22-01; 8:45 am]
Billing code 3195-01-P
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</html>Indexed from Federal Register on January 23, 2001.
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