Effective Date: January 18, 2001
|Responsible Office: Office of Policy and Plans|
|Subject: 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 modi-fied 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 Order13178, 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:
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.
(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
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.
/s/William J. Clinton
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