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EO 13196Executive OrderClinton · D Quiet signal

Executive Order 13196

Final Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve

This executive order finalizes the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve by making permanent the Reserve Preservation Areas established in EO 13178, with modifications to fishing caps, discharge rules, and protected area boundaries. It caps commercial fishing at historical levels, allows limited continued fishing around two banks for 5 years, and directs the Secretary of Commerce to initiate National Marine Sanctuary designation.

Federal Register Open PDF 66 FR 7395

Impact dates

  1. 5-year fishing allowance expires for St. Rogation Bank west bank and Raita Bank

  2. Secretary of Commerce to initiate National Marine Sanctuary designation process

Key directives

  • Cap commercial fishing permits and effort at levels as of December 4, 2000
  • Cap bottomfishing at individual 5-year average; allow one-time increase for two Native Hawaiian permits
  • Cap other commercial fishing at individual prior-year take
  • Cap pelagic trolling at reported landings from year preceding December 4, 2000
  • Make Reserve Preservation Areas permanent
  • Initiate National Marine Sanctuary designation process
  • Allow commercial bottomfishing and pelagic trolling at two specified banks for 5 years from signing date
  • Require no-adverse-impact determination for continued fishing at two banks after 5-year period

Who is ordered

Timeline

Immediate

  • Reserve Preservation Areas made permanent
  • fishing caps take effect based on pre-December 4, 2000 levels
  • discharge restrictions apply

Near term (90d)

  • Secretary of Commerce to initiate National Marine Sanctuary designation process

Long term

  • 5-year fishing allowance expires for St. Rogation Bank west bank and Raita Bank (January 18, 2006)
  • potential permanent continuation of fishing at those banks if no adverse impact determined
  • ongoing Reserve management under Secretary of Commerce

Risks & tensions

  • Potential conflict between commercial fishing interests and conservation goals
  • Native Hawaiian permit provision may face equity scrutiny from other fishers
  • No-adverse-impact determination after 5 years lacks specified decision criteria or process
  • Judicial review waiver (Sec. 6) limits legal recourse for affected parties
  • Sanctuary designation process timeline unspecified—could stall indefinitely
  • Fishing caps based on historical data may be difficult to verify or enforce
Executive Order 13196: Final Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve · Executive Orders