Executive Order 13158: Marine Protected Areas,
May 26, 2000
[followed by UTAH Republican James Hansen's concerns]
By the authority vested in me as President by the Constitution and the laws of the United States of America and in furtherance of the purposes of the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-ee), National Park Service Organic Act (16 U.S.C. 1 et seq.), National Historic Preservation Act (16 U.S.C. 470 et seq.), Wilderness Act (16 U.S.C. 1131 et seq.), Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), Coastal Zone Management Act (16 U.S.C. 1451 et seq.), Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 U.S.C. 1362 et seq.), Clean Water Act of 1977 (33 U.S.C. 1251 et seq.), National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.), Outer Continental Shelf Lands Act (42 U.S.C. 1331 et seq.), and other pertinent statutes, it is ordered as follows:

Section 1. Purpose. This Executive Order will help protect the significant natural and cultural resources within the marine
environment for the benefit of present and future generations by strengthening and expanding the Nationís system of marine protected areas (MPAs). An expanded and strengthened comprehensive system of marine protected areas throughout the marine environment would enhance the conservation of our Nationís natural and cultural marine heritage and the ecologically and economically sustainable use of the marine environment for future generations. To this end, the purpose of this order is to, consistent with domestic and international law:

Sec. 2. Definitions. For the purposes of this order:

Sec. 3. MPA Establishment, Protection, and Management. Each Federal agency whose authorities provide for the establishment or management of MPAs shall take appropriate actions to enhance or expand protection of existing MPAs and establish or recommend, as appropriate, new MPAs. Agencies implementing this section shall consult with the agencies identified in subsection 4(a) of this order, consistent with existing requirements.

Sec. 4. National System of MPAs.

  • (a) To the extent permitted by law and subject to the availability of appropriations, the Department of Commerce and the Department of the Interior, in consultation with the Department of Defense, the Department of State, the United States Agency for International Development, the Department of Transportation, the Environmental Protection Agency, the National Science Foundation, and other pertinent Federal agencies shall develop a national system of MPAs. They shall coordinate and share information, tools, and strategies, and provide guidance to enable and encourage the use of the following in the exercise of each agencyís respective authorities to further enhance and expand protection of existing MPAs and to establish or recommend new MPAs, as appropriate:

  • Sec. 5. Agency Responsibilities. Each Federal agency whose actions affect the natural or cultural resources that are protected by an MPA shall identify such actions. To the extent permitted by law and to the maximum extent practicable, each Federal agency, in taking such actions, shall avoid harm to the natural and cultural resources that are protected by an MPA. In implementing this section, each Federal agency shall refer to the MPAs identified under subsection 4(d) of this order.

    Sec. 6. Accountability. Each Federal agency that is required to take actions under this order shall prepare and make public annually a concise description of actions taken by it in the previous year to implement the order, including a description of written comments by any person or organization stating that the agency has not complied with this order and a response to such comments by the agency.

    Sec. 7. International Law. Federal agencies taking actions pursuant to this Executive Order must act in accordance with international law and with Presidential Proclamation 5928 of December 27, 1988, on the Territorial Sea of the United States of America, Presidential Proclamation 5030 of March 10, 1983, on the Exclusive Economic Zone of the United States of America, and Presidential Proclamation 7219 of September 2, 1999, on the Contiguous Zone of the United States.

    Sec. 8. General.

                                      WILLIAM J. CLINTON.

    Marine Protected Areas (MPAs)
    letter to President George W. Bush
    by the new chair of the Senate Resources Committee, Utah Republican James Hansen
    Date ??
    [the blue text is ours. Emphasis inside the text is ours, for the sake of clarity]
    President-Elect George W. Bush
    Vice-President-elect Dick Cheney
    1616 Anderson Road
    McLean, VA 22102
    Dear President-Elect Bush and Vice-President-Elect Cheney: [other non-marine issues left out]
    On May 26, 2000, President Clinton issued an Executive Order requiring the Departments of the Interior and Commerce in consultation with the Departments of the Defense, State, Transportation, and other agencies to develop a national system of Marine Protected Areas. The Executive Order also lists a number of broad items for assessment to be conducted prior to the development of this national system.

    On December 4, 2000, President Clinton designated the first of these Marine Protected Areas. This 84,000 square mile designation is the second largest marine reserve in the world. The designation has been hurried through during the waning days of the Administration and public comment on the proposal has been short circuited the notice for the public meetings was published in the Federal Register on December 8, 2000 for meetings to be held on December 11th, 12th, 13th, 14th, and 15th. This is very little notice during the holiday season for people to comment on such a sweeping designation.

    While MPAs can certainly be a useful tool in setting aside productive or fragile habitat, it must be done in a scientifically-defensible manner and in a way that can be monitored and enforced and the reasons for designation as well as the goals of the designation must be clear. The Committee on Resources is concerned about these broad executive designations for a number of reasons:

    It appears that this Administration is using this questionable executive authority to circumvent the existing procedures established under the Magnuson-Stevens Fishery Conservation and Management Act and the National Marine Sanctuaries Act.