EO 13178 Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve

Administration of William J. Clinton, 2000 / Dec. 4
bravest heroes drew a line in the sand there,
winning the Battle of Midway and changing
the course of World War II and history.
Today we renew our commitment to winning the battle to protect our global environment, preserving this natural heritage for a
long time—I hope forever.
Let me say, it was nearly a century ago,
ironically, when President Roosevelt recognized the same imperative and created the
Hawaiian Islands National Wildlife Refuge.
He knew then that our natural wonders, on
land or sea, form an integral part of who we
are as a people and that every generation of
Americans must do its part to sustain and
strengthen this legacy. Today we do just that,
incorporating the refuge he created into a
new, vast, and wonderful ‘‘Yellowstone of the
Sea.’’
By any measure, creating this coral reserve
is a big step forward, not just for marine conservation in the United States but for the
health of oceans and reefs around the world.
For thousands of years, people have risked
their lives to master the ocean. Now, suddenly, the ocean’s life is at risk. We have the
resources and responsibility to rescue the
sea, to renew the very oceans that give us
life, and thereby to renew ourselves. Today
is an important step on that road.
But there is much, much more to be done
in the years ahead. And I hope that no matter
who becomes President—[laughter]—no
matter what the partisan divide of Congress,
that those of you who are here in this room
will continue this work for the rest of your
lives. It is profoundly important, and how our
grandchildren live depends upon how well
we do this work.
Thank you very much.
NOTE: The President spoke at 10:20 a.m. in the
Grosvenor Auditorium at the National Geographic
Museum. In his remarks, he referred to John M.
Fahey, Jr., president and chief executive officer,
National Geographic Society; author Peter Benchley; Tammy Leilani Harp, member, Native and
Indigenous Rights Advisory Panel to the Western
Pacific Region Fishery Management Council;
Louis (Uncle Buzzy) Agard, board member, Native Hawaiian Advisory Council; and Marcia K.
McNutt, president and chief executive officer,
Monterey Bay Aquarium Research Institute.

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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

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Dec. 4 / Administration of William J. Clinton, 2000

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

Administration of William J. Clinton, 2000 / Dec. 4
(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

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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

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Dec. 4 / Administration of William J. Clinton, 2000

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 nonFederal 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 oceanrelated tourism industry.
(7) One representative from the nonFederal 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

Administration of William J. Clinton, 2000 / Dec. 4
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 onetime 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

2973

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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Dec. 4 / Administration of William J. Clinton, 2000

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

Administration of William J. Clinton, 2000 / Dec. 4
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.

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(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

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Dec. 4 / Administration of William J. Clinton, 2000

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.

Proclamation 7384—National Drunk
and Drugged Driving Prevention
Month, 2000
December 4, 2000
By the President of the United States
of America
A Proclamation
Driving is an integral part of American culture and daily living; but it is also a privilege
that carries great responsibility. To protect
ourselves and others, we must always be safe,
sober, and drug-free behind the wheel.
As a Nation, we have made steady progress
in reducing alcohol-related deaths through
stronger laws, tougher enforcement, and increased public awareness. Last year, alcohol-