16 U.S.C. § 6401 — Purposes

Page 2574 TITLE 16—CONSERVATION § 6305 tive expenses necessary to carry out this chap- ter. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judg- ment of the Secretary of the Treasury, re- quired to meet current withdrawals. Invest- ments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations For the purpose of investments under para- graph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to Fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts (1) In general The amounts required to be transferred to the Fund under this section shall be trans- ferred at least monthly from the general fund of the Treasury to the Fund on the basis of es- timates made by the Secretary of the Treas- ury. (2) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and use of donations The Secretary may accept and use donations to provide assistance under section 6303 of this title. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. (Pub. L. 106–411, § 5, Nov. 1, 2000, 114 Stat. 1793; Pub. L. 109–363, title VII, § 702, Oct. 17, 2006, 120 Stat. 2082; Pub. L. 116–9, title VII, § 7001(c)(2)(C), Mar. 12, 2019, 133 Stat. 785.) Editorial Notes AMENDMENTS 2019—Subsec. (b)(2). Pub. L. 116–9 substituted ‘‘$150,000’’ for ‘‘$100,000’’. 2006—Subsec. (b)(2). Pub. L. 109–363 substituted ‘‘ex- pend’’ for ‘‘expand’’ and ‘‘$100,000’’ for ‘‘$80,000’’. § 6305. Authorization of appropriations There are authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2025 through 2029. (Pub. L. 106–411, § 6, Nov. 1, 2000, 114 Stat. 1794; Pub. L. 109–363, title VII, § 703, Oct. 17, 2006, 120 Stat. 2082; Pub. L. 116–9, title VII, § 7001(c)(2)(D), Mar. 12, 2019, 133 Stat. 785; Pub. L. 118–159, div. E, title LIII, § 5306(b), Dec. 23, 2024, 138 Stat. 2446.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 substituted ‘‘2025 through 2029’’ for ‘‘2019 through 2023’’. 2019—Pub. L. 116–9 substituted ‘‘2019 through 2023’’ for ‘‘2006 through 2010’’. 2006—Pub. L. 109–363 substituted ‘‘fiscal years 2006 through 2010’’ for ‘‘fiscal years 2001 through 2005’’. CHAPTER 83—CORAL REEF CONSERVATION Sec. 6401. Purposes. 6402. Federal coral reef management and restora- tion activities. 6403. National coral reef resilience strategy. 6404. Coral reef action plans. 6405. Coral reef stewardship partnerships. 6406. Block grants. 6407. Coral Reef Stewardship Fund. 6408. Emergency assistance. 6409. Coral Reef Disaster Fund. 6410. Ruth D. Gates Coral Reef Conservation Grant Program. 6411. Coral reef research. 6412. Coral reef prize competitions. 6413. Reports on administration. 6414. Authorization of appropriations. 6415. Definitions. § 6401. Purposes The purposes of this chapter are— (1) to conserve and restore the condition of United States coral reef ecosystems chal- lenged by natural and human-accelerated changes, including increasing ocean tempera- tures, changing ocean chemistry, coral bleach- ing, coral diseases, water quality degradation, invasive species, and illegal, unreported, and unregulated fishing; (2) to promote the science-based manage- ment and sustainable use of coral reef eco- systems to benefit local communities and the Nation, including through improved integra- tion and cooperation among Federal and non- Federal stakeholders responsible for managing coral reef resources; (3) to develop sound scientific information on the condition of coral reef ecosystems, con- tinuing and emerging threats to such eco- systems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such ecosystems, includ- ing evaluation criteria to determine the effec- tiveness of management interventions, and ac- curate mapping for coral reef restoration; (4) to assist in the preservation of coral reefs by supporting science-based, consensus-driven, and community-based coral reef management by covered States and covered Native entities, including monitoring, conservation, and res- toration projects that empower local commu- nities, small businesses, and nongovernmental organizations; (5) to provide financial resources, technical assistance, and scientific expertise to supple- ment, complement, and strengthen commu- nity-based management programs and con- servation and restoration projects of non-Fed- eral reefs; Page 2575 TITLE 16—CONSERVATION § 6401 (6) to establish a formal mechanism for col- lecting and allocating monetary donations from the private sector to be used for coral reef conservation and restoration projects; (7) to support rapid, effective, and science- based assessment and response to exigent cir- cumstances that pose immediate and long- term threats to coral reefs, including— (A) coral disease outbreaks; (B) invasive or nuisance species; (C) coral bleaching; (D) natural disasters; and (E) industrial or mechanical disasters, in- cluding vessel groundings, hazardous spills, and coastal construction accidents; and (8) to serve as a model for advancing similar international efforts to monitor, conserve, and restore coral reef ecosystems. (Pub. L. 106–562, title II, § 202, as added Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3931.) Editorial Notes PRIOR PROVISIONS A prior section 6401, Pub. L. 106–562, title II, § 202, Dec. 23, 2000, 114 Stat. 2800, set forth purposes of this chap- ter, prior to repeal by Pub. L. 117–263, div. J, title C, § 10001(a), Dec. 23, 2022, 136 Stat. 3931. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 106–562, title II, § 201, Dec. 23, 2000, 114 Stat. 2800, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Coral Reef Conservation Act of 2000’.’’ SAVINGS CLAUSE Pub. L. 117–263, div. J, title C, § 10001(d), Dec. 23, 2022, 136 Stat. 3951, provided that: ‘‘None of the amendments made by or provisions of this title [enacting sections 6401 to 6415 of this title and chapter 83A of this title, amending section 7504 of this title, and repealing sec- tions 6401 to 6409 of this title] may be construed to en- large the management authority of a Federal agency or coral reef stewardship partnership to coral reefs and coral reef ecosystems outside the boundaries of such agency’s or partnership’s jurisdiction.’’ NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF RESERVE Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(f)], Dec. 21, 2000, 114 Stat. 2763, 2763A–249, provided that: ‘‘(1) The President, after consultation with the Gov- ernor of the State of Hawaii, may designate any North- western Hawaiian Islands coral reef or coral reef eco- system as a coral reef reserve to be managed by the Secretary of Commerce. ‘‘(2) Upon the designation of a reserve under para- graph (1) by the President, the Secretary shall— ‘‘(A) take action to initiate the designation of the reserve as a National Marine Sanctuary under sec- tions 303 and 304 of the National Marine Sanctuaries Act (16 U.S.C. 1433[, 1434]); ‘‘(B) establish a Northwestern Hawaiian Islands Re- serve Advisory Council under section 315 of that Act (16 U.S.C. 1445a), the membership of which shall in- clude at least one representative from Native Hawai- ian groups; and ‘‘(C) until the reserve is designated as a National Marine Sanctuary, manage the reserve in a manner consistent with the purposes and policies of that Act [16 U.S.C. 1431 et seq.]. ‘‘(3) Notwithstanding any other provision of law, no closure areas around the Northwestern Hawaiian Is- lands shall become permanent without adequate review and comment. ‘‘(4) The Secretary shall work with other Federal agencies and the Director of the National Science Foundation, to develop a coordinated plan to make ves- sels and other resources available for conservation or research activities for the reserve. ‘‘(5) If the Secretary has not designated a national marine sanctuary in the Northwestern Hawaiian Is- lands under sections 303 and 304 of the National Marine Sanctuaries Act (16 U.S.C. 1433, 1434) before October 1, 2005, the Secretary shall conduct a review of the man- agement of the reserve under section 304(e) of that Act (16 U.S.C. 1434(e)). ‘‘(6) No later than 6 months after the date of enact- ment of this Act [Dec. 21, 2000], the Secretary shall sub- mit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Rep- resentatives Committee on Resources [now Committee on Natural Resources], describing actions taken to im- plement this subsection, including costs of monitoring, enforcing, and addressing marine debris, and the extent to which the fiscal or other resources necessary to carry out this subsection are reflected in the Budget of the United States Government submitted by the Presi- dent under section 1104 of title 31, United States Code. ‘‘(7) There are authorized to be appropriated to the Secretary of Commerce to carry out the provisions of this subsection such sums, not exceeding $4,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 2005, as are reported under paragraph (5) [(6)] to be reflected in the Budget of the United States Government.’’ Substantially identical provisions were contained in Pub. L. 106–513, § 6(g), Dec. 21, 2000, 114 Stat. 2385. Executive Documents EX. ORD. NO. 13089. CORAL REEF PROTECTION Ex. Ord. No. 13089, June 11, 1998, 63 F.R. 32701, pro- vided: 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 Clean Water Act of 1977, as amended (33 U.S.C. 1251, et seq.) [see Short Title of 1977 Amendment note set out under section 1451 of this title], Coastal Zone Manage- ment Act [of 1972] (16 U.S.C. 1451, et seq.), Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801, et seq.), National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321, et seq.), National Ma- rine Sanctuaries Act, (16 U.S.C. 1431, et seq.), National Park Service Organic Act ([former] 16 U.S.C. 1, et seq.) [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101], National Wildlife Refuge System Administration Act (16 U.S.C. 668dd–ee) [16 U.S.C. 668dd–668ee], and other pertinent statutes, to preserve and protect the biodiversity, health, heritage, and social and economic value of U.S. coral reef eco- systems and the marine environment, it is hereby or- dered as follows: SECTION 1. Definitions. (a) ‘‘U.S. coral reef eco- systems’’ means those species, habitats, and other nat- ural resources associated with coral reefs in all mari- time areas and zones subject to the jurisdiction or con- trol of the United States (e.g., Federal, State, terri- torial, or commonwealth waters), including reef sys- tems in the south Atlantic, Caribbean, Gulf of Mexico, and Pacific Ocean. (b) ‘‘U.S. Coral Reef Initiative’’ is an existing partnership between Federal agencies and State, territorial, commonwealth, and local govern- ments, nongovernmental organizations, and commer- cial interests to design and implement additional man- agement, education, monitoring, research, and restora- tion efforts to conserve coral reef ecosystems for the use and enjoyment of future generations. The existing U.S. Islands Coral Reef Initiative strategy covers ap- proximately 95 percent of U.S. coral reef ecosystems and is a key element of the overall U.S. Coral Reef Ini- tiative. (c) ‘‘International Coral Reef Initiative’’ is an Page 2576 TITLE 16—CONSERVATION § 6401 existing partnership, founded by the United States in 1994, of governments, intergovernmental organizations, multilateral development banks, nongovernmental or- ganizations, scientists, and the private sector whose purpose is to mobilize governments and other inter- ested parties whose coordinated, vigorous, and effective actions are required to address the threats to the world’s coral reefs. SEC. 2. Policy. (a) All Federal agencies whose actions may affect U.S. coral reef ecosystems shall: (a) identify their actions that may affect U.S. coral reef eco- systems; (b) utilize their programs and authorities to protect and enhance the conditions of such ecosystems; and (c) to the extent permitted by law, ensure that any actions they authorize, fund, or carry out will not de- grade the conditions of such ecosystems. (b) Exceptions to this section may be allowed under terms prescribed by the heads of Federal agencies: (1) during time of war or national emergency; (2) when necessary for reasons of national security, as determined by the President; (3) during emergencies posing an unacceptable threat to human health or safety or to the marine environ- ment and admitting of no other feasible solution; or (4) in any case that constitutes a danger to human life or a real threat to vessels, aircraft, platforms, or other man-made structures at sea, such as cases of force majeure caused by stress of weather or other act of God. SEC. 3. Federal Agency Responsibilities. In furtherance of section 2 of this order, Federal agencies whose ac- tions affect U.S. coral reef ecosystems, shall, subject to the availability of appropriations, provide for imple- mentation of measures needed to research, monitor, manage, and restore affected ecosystems, including, but not limited to, measures reducing impacts from pollution, sedimentation, and fishing. To the extent not inconsistent with statutory responsibilities and procedures, these measures shall be developed in co- operation with the U.S. Coral Reef Task Force and fish- ery management councils and in consultation with af- fected States, territorial, commonwealth, tribal, and local government agencies, nongovernmental organiza- tions, the scientific community, and commercial inter- ests. SEC. 4. U.S. Coral Reef Task Force. The Secretary of the Interior and the Secretary of Commerce, through the Administrator of the National Oceanic and Atmos- pheric Administration, shall co-chair a U.S. Coral Reef Task Force (‘‘Task Force’’), whose members shall in- clude, but not be limited to, the Administrator of the Environmental Protection Agency, the Attorney Gen- eral, the Secretary of the Interior, the Secretary of Ag- riculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of State, the Secretary of Transportation, the Director of the National Science Foundation, the Administrator of the Agency for Inter- national Development, and the Administrator of the National Aeronautics and Space Administration. The Task Force shall oversee implementation of the policy and Federal agency responsibilities set forth in this order, and shall guide and support activities under the U.S. Coral Reef Initiative (‘‘CRI’’). All Federal agencies whose actions may affect U.S. coral reef ecosystems shall review their participation in the CRI and the strategies developed under it, including strategies and plans of State, territorial, commonwealth, and local governments, and, to the extent feasible, shall enhance Federal participation and support of such strategies and plans. The Task Force shall work in cooperation with State, territorial, commonwealth, and local gov- ernment agencies, nongovernmental organizations, the scientific community, and commercial interests. SEC. 5. Duties of the U.S. Coral Reef Task Force. (a) Coral Reef Mapping and Monitoring. The Task Force, in cooperation with State, territory, commonwealth, and local government partners, shall coordinate a com- prehensive program to map and monitor U.S. coral reefs. Such programs shall include, but not be limited to, territories and commonwealths, special marine pro- tected areas such as National Marine Sanctuaries, Na- tional Estuarine Research Reserves, National Parks, National Wildlife Refuges, and other entities having significant coral reef resources. To the extent feasible, remote sensing capabilities shall be developed and ap- plied to this program and local communities should be engaged in the design and conduct of programs. (b) Research. The Task Force shall develop and imple- ment, with the scientific community, research aimed at identifying the major causes and consequences of degradation of coral reef ecosystems. This research shall include fundamental scientific research to provide a sound framework for the restoration and conserva- tion of coral reef ecosystems worldwide. To the extent feasible, existing and planned environmental moni- toring and mapping programs should be linked with sci- entific research activities. This Executive order shall not interfere with the normal conduct of scientific studies on coral reef ecosystems. (c) Conservation, Mitigation, and Restoration. The Task Force, in cooperation with State, territorial, common- wealth, and local government agencies, nongovern- mental organizations, the scientific community and commercial interests, shall develop, recommend, and seek or secure implementation of measures necessary to reduce and mitigate coral reef ecosystem degrada- tion and to restore damaged coral reefs. These meas- ures shall include solutions to problems such as land- based sources of water pollution, sedimentation, detri- mental alteration of salinity or temperature, over-fish- ing, over-use, collection of coral reef species, and direct destruction caused by activities such as recreational and commercial vessel traffic and treasure salvage. In developing these measures, the Task Force shall review existing legislation to determine whether additional legislation is necessary to complement the policy ob- jectives of this order and shall recommend such legisla- tion if appropriate. The Task Force shall further evalu- ate existing navigational aids, including charts, maps, day markers, and beacons to determine if the designa- tion of the location of specific coral reefs should be en- hanced through the use, revision, or improvement of such aids. (d) International Cooperation. The Secretary of State and the Administrator of the Agency for International Development, in cooperation with other members of the Coral Reef Task Force and drawing upon their ex- pertise, shall assess the U.S. role in international trade and protection of coral reef species and implement ap- propriate strategies and actions to promote conserva- tion and sustainable use of coral reef resources world- wide. Such actions shall include expanded collabora- tion with other International Coral Reef Initiative (‘‘ICRI’’) partners, especially governments, to imple- ment the ICRI through its Framework for Action and the Global Coral Reef Monitoring Network at regional, national, and local levels. SEC. 6. This order does not create any right or ben- efit, substantive or procedural, enforceable in law or equity by a party against the United States, its agen- cies, its officers, or any person. WILLIAM J. CLINTON. EX. ORD. NO. 13178. NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF ECOSYSTEM RESERVE Ex. Ord. No. 13178, Dec. 4, 2000, 65 F.R. 76903, as amended by Ex. Ord. No. 13196, §§ 3, 4, Jan. 18, 2001, 66 F.R. 7395, 7396, provided: 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 [see Short Title of 2000 Amendment note set out under section 1431 of this title], and in furtherance of the purposes of the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1801 et seq.), Marine Protection, Research, and Sanctuaries Act [of 1972] (33 U.S.C. 1401 et seq. [16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801 et seq.]), Coastal Zone Page 2577 TITLE 16—CONSERVATION § 6401 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 [of 1972] (16 U.S.C. 1362 [1361] et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), National Historic Preservation Act ([former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 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 impor- tant and sensitive areas of biodiversity warrant special protection. While United States waters contain ap- proximately 3 percent of the world’s coral reefs, ap- proximately 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 al- most 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 in- credibly diverse ecosystem is home to many species of coral, fish, birds, marine mammals, and other flora and fauna including the endangered Hawaiian monk seal, the threatened green sea turtle, and the endangered leatherback and hawksbill sea turtles. In addition, this area has great cultural significance to Native Hawai- ians as well as linkages to early Polynesian culture— making it additionally worthy of protection and under- standing. 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 Amer- ica’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 Ha- waiian Islands. On May 26, 2000, I directed the Secretaries of Com- merce and the Interior, working cooperatively with the State of Hawaii and consulting with the Western Pa- cific Fishery Management Council, to develop rec- ommendations for a new, coordinated management re- gime 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 pro- tection 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 Hawai- ian Islands a coral reef ecosystem reserve to be known as the Northwestern Hawaiian Islands Coral Reef Eco- system Reserve (Reserve). The Reserve shall include submerged lands and waters of the Northwestern Ha- waiian 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 Com- merce, or his designee, (hereafter ‘‘Secretary’’) shall, subject to section 10(b) of this order, manage the Re- serve in accordance with the following principles: (a) The principal purpose of the Reserve is the long- term conservation and protection of the coral reef eco- system and related marine resources and species of the Northwestern Hawaiian Islands in their natural char- acter; (b) The Reserve shall be managed using available science and applying a precautionary approach with re- source protection favored when there is a lack of infor- mation regarding any given activity, to the extent not contrary to law; (c) Culturally significant, noncommercial subsist- ence, cultural, and religious uses by Native Hawaiians should be allowed within the Reserve, consistent with applicable law and the long-term conservation and pro- tection of Reserve resources; (d) The Reserve shall be managed using, when appro- priate, geographical zoning and innovative manage- ment 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 sup- port, promote, and coordinate appropriate scientific re- search and assessment, and long-term monitoring of Reserve resources, and the impacts or threats thereto from human and other activities, to help better under- stand, 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 en- hance public awareness, understanding, and apprecia- tion of Reserve resources, and the impacts or threats thereto from human and other activities; (g) The Reserve shall be managed to further restora- tion and remediation of degraded or injured Reserve re- sources; and (h) The Reserve shall be managed to facilitate coordi- nated management among Federal and State agencies and other entities, as appropriate, to provide com- prehensive (looking beyond jurisdictional boundaries) conservation of the coral reef ecosystem and related marine resources and species throughout the North- western Hawaiian Islands, consistent with applicable authorities and the Management Principles of this sec- tion. SEC. 5. Implementation. (a) Management of the Reserve. The Secretary shall manage the Reserve under the Na- tional Marine Sanctuaries Act and in accordance with this order. (b) Reserve Operations Plan. The Secretary, in con- sultation 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 con- sider 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, pro- vide for: (1) Coordinated management among the Reserve, Ha- waiian Islands National Wildlife Refuge, Midway Atoll National Wildlife Refuge, and the State of Hawaii, con- sistent with relevant authorities; (2) Coordination among Federal agencies and the Di- rector of the National Science Foundation to make ves- sels 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 Re- serve; (6) Education and outreach about the Reserve and its resources and efforts to conserve them; (7) Enforcement and surveillance for the Reserve, in- cluding the use of new technologies and coordination with the United States Coast Guard and other relevant agencies; Page 2578 TITLE 16—CONSERVATION § 6401 (8) Identification and coordination with Native Ha- waiian interests, regarding culturally significant, non- commercial subsistence, cultural, and religious uses and locations within the Reserve; (9) Identification of potential tourism, recreational, and commercial activities within the Reserve and ac- tions necessary to ensure that these activities do not degrade the Reserve’s resources or diminish the Re- serve’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 De- partment of State, United States Coast Guard, and the Department of Defense, shall evaluate the need for the establishment of vessel monitoring systems and, if war- ranted, 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 sec- tion. (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 man- agement of the entirety of the shallow areas of the coral reef ecosystem throughout the Northwestern Ha- waiian Islands, the Secretary shall work with the Sec- retary of the Interior and Governor of the State of Ha- waii to enter into one or more memoranda of agree- ment for the coordinated conservation and manage- ment of the Reserve, Midway Atoll and Hawaiian Is- lands 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 na- tional 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 Sec- retary of the Interior and Governor of the State of Ha- waii, the Secretary shall establish a Coral Reef Eco- system 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 knowl- edge regarding Native Hawaiian subsistence, cultural, religious, or other activities in the Northwestern Ha- waiian Islands. (2) Three representatives from the non-Federal 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 Is- lands. (D) Oceanography. (E) Any other scientific discipline the Secretary de- termines to be appropriate. (3) Three representatives from nongovernmental wildlife/marine life, environmental, and/or conserva- tion 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 ocean-related tourism industry. (7) One representative from the non-Federal commu- nity with experience in education and outreach regard- ing marine conservation issues. (8) One citizen-at-large representative. (9) One representative from the State of Hawaii as ap- pointed 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, Depart- ment of State, the National Marine Fisheries Service, the Hawaiian Islands Humpback Whale National Ma- rine Sanctuary, National Science Foundation, Marine Mammal Commission, and Western Pacific Regional Fishery Management Council. (g) Report. The Secretary shall provide a progress re- port 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 Ha- waiian 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 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 Mid- way Atoll National Wildlife Refuge, as appropriate. (c) The Reserve boundary is generally depicted on the map attached to this order. The Secretary, after con- sultation with the Governor of the State of Hawaii, may make technical modifications to the boundary of the Reserve, including providing straight-line bound- aries for the Reserve for clarity and ease of identifica- tion, as appropriate. SEC. 7. Protection and Conservation Measures. The con- servation measures in this section apply throughout the Reserve. (a)(1) Commercial Fishing. All currently existing com- mercial Federal fishing permits and current levels of fishing effort and take, which also includes the non- permitted level of trolling for pelagic species by cur- rently permitted bottom fishers, as determined by the Secretary and pursuant to regulations in effect on De- cember 4, 2000, 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 per- mits 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 per- mits 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 De- cember 4, 2000, as determined by the Secretary, pro- vided that the Secretary, in furtherance of the prin- Page 2579 TITLE 16—CONSERVATION § 6401 ciples 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 aggre- gate level shall be the permittee’s individual take in the year preceding December 4, 2000, as determined by the Secretary. (D) There shall be no permits issued for any par- ticular type of fishing for 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 hold- er may not be changed except with the permission of the Secretary, as provided under paragraph 3 of this section. (F) Trolling for pelagic species shall be capped based on reported landings for the year preceding December 4, 2000. (2) Recreational Fishing. All currently existing (pre- ceding the date of this order) levels of recreational fish- ing 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 re- stricted as provided in section 8 of this order. (3) The Secretary, after consultation with the Sec- retary of the Interior and Governor of the State of Ha- waii, and after public review and comment and consid- eration of any advice or recommendations of the Re- serve 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 para- graph (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, ex- cept 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 Reserve and injures any re- source of the Reserve, except: (A) fish parts (i.e., chumming materia [sic] 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 [33 U.S.C. 1322]; (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 (5) Removal, moving, taking, harvesting, or damaging any living or nonliving Reserve resources, except as provided under paragraph (a) of this section and sec- tions 8(a) and 9 of this order. (c) The Secretary may conduct, or authorize by per- mit the activities listed in subparagraphs (b)(3)–(5) of this section to the extent that they are necessary for research, monitoring, education, or management ac- tivities that further the Management Principles of sec- tion 4 of this order. SEC. 8. Reserve Preservation Areas. (a) To further protect Reserve resources, the fol- lowing areas are hereby established as Reserve Preser- vation 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 wa- ters and submerged lands to a mean depth of 100 fath- oms (fm) around: (A) Nihoa Island, provided that commercial bottomfishing and commercial and recreational troll- ing for pelagic species in accordance with the require- ments of sections 7(a)(1) and 7(a)(2) of this order, re- spectively, of this order [sic] shall be allowed to con- tinue seaward of a mean depth of 25 fm, unless and until the Secretary determines otherwise after ade- quate public review and comment; (B) Necker Island, provided that commercial bottomfishing and commercial and recreational troll- ing for pelagic species in accordance with the require- ments of sections 7(a)(1) and 7(a)(2) of this order, re- spectively, of this order [sic] shall be allowed to con- tinue seaward of a mean depth of 25 fm, unless and until the Secretary determines otherwise after ade- quate public review and comment; (C) French Frigate Shoals; (D) Gardner Pinnacles, provided that commercial bottomfishing and commercial and recreational troll- ing for pelagic species in accordance with the require- ments of sections 7(a)(1) and 7(a)(2) of this order, re- spectively, of this order [sic] shall be allowed to con- tinue seaward of a mean depth of 25 fm, unless and until the Secretary determines otherwise after ade- quate public review and comment; (E) Maro Reef, provided that commercial bottomfishing and commercial and recreational troll- ing for pelagic species in accordance with the require- ments of sections 7(a)(1) and 7(a)(2) of this order, re- spectively, of this order [sic] shall be allowed to con- tinue seaward of a mean depth of 25 fm, unless and until the Secretary determines otherwise after ade- quate public review and comment; (F) Laysan Island, provided that commercial bottomfishing and commercial and recreational troll- ing for pelagic species in accordance with the require- ments of sections 7(a)(1) and 7(a)(2) of this order, re- spectively, of this order [sic] shall be allowed to con- tinue seaward of a mean depth of 50 fm, unless and until the Secretary determines otherwise after ade- quate public review and comment; (G) Lisianski Island, provided that commercial bottomfishing and commercial and recreational troll- ing for pelagic species in accordance with the require- ments of sections 7(a)(1) and 7(a)(2) of this order, re- spectively, of this order [sic] shall be allowed to con- tinue seaward of a mean depth of 25 fm, unless and until the Secretary determines otherwise after ade- quate public review and comment; (H) Pearl and Hermes Atoll; and (I) Kure Atoll. (2) Twelve nautical miles around the approximate geographical centers of: (A) The first bank immediately east of French Frig- ate 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 approxi- mately 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 7(a)(1) of this order shall be allowed to con- tinue, unless and until the Secretary determines other- wise after adequate public review and comment; (D), (E) [Revoked. Ex. Ord. No. 13196, § 4, Jan. 18, 2001, 66 F.R. 7396] (F) Pioneer Bank, provided that commercial bottomfishing and commercial and recreational troll- ing for pelagic species in accordance with the require- ments of sections 7(a)(1) and 7(a)(2) of this order, re- spectively, of this order [sic] shall be allowed to con- tinue, unless and until the Secretary determines other- wise after adequate public review and comment. Page 2580 TITLE 16—CONSERVATION § 6401 (3) Twelve nautical miles around the approximate geographical centers of (A) The first bank west of St. Rogation Bank, east of Gardner Pinnacles, provided that commercial bottomfishing and commercial and recreational troll- ing for pelagic species in accordance with the require- ments 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 troll- ing for pelagic species in accordance with the require- ments 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 commer- cial 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. (b) Activities Prohibited Within Reserve Preservation Areas. (1) In addition to the conservation measures in sec- tion 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 an- choring 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 identi- fies after adequate public review and comment, and after consideration of any advice and recommendations of the Reserve Council. (2) Notwithstanding the prohibitions in this para- graph, the Secretary may conduct, or authorize by per- mit, research, monitoring, education, or management activities within any Reserve Preservation Area that further the Management Principles of section 4 of this order. (3) The Reserve Preservation Areas in this section are approximated using fathoms. The Secretary will de- velop straight line boundaries based on longitude and latitude coordinates to encompass each Reserve Preser- vation Area, to provide for clarity and ease of identi- fication. The Secretary may make technical modifica- tions to any such boundaries. SEC. 9. Native Hawaiian Uses. Native Hawaiian non- commercial 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 Re- serve’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 com- ment, and consideration of any advice and rec- ommendations 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 Hawai- ian Islands and Midway Atoll National Wildlife Refuges pursuant to the National Wildlife Refuge System Ad- ministration Act (16 U.S.C. 668dd–668ee) and other ap- plicable 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 Is- lands 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 au- thorities 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 in man- aging 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 co- ordinated protection and management among the Re- serve, Refuges, and State, consistent with relevant au- thorities. 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 Exclu- sive Economic Zone [Proc. No. 5030, 16 U.S.C. 1453 note], the 1988 Presidential Proclamation on the Territorial Sea [Proc. No. 5928, 43 U.S.C. 1331 note], and the 1999 Presidential Proclamation on Contiguous Zone [Proc. No. 7219, 43 U.S.C. 1331 note] and in accordance with generally recognized principles of international law, and with the treaties, conventions, and other agree- ments to which the United States is a party. The Sec- retary 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 Ma- rine 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 [set out above], and 13158 of May 26, 2000 [16 U.S.C. 1431 note]. (c) National Security and Emergency Actions. Con- sistent with applicable law, nothing in this order is in- tended to apply to military activities (including those carried out by the United States Coast Guard), includ- ing military exercises, conducted within or in the vi- cinity 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 un- acceptable 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 en- large 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. Page 2581 TITLE 16—CONSERVATION § 6402 EX. ORD. NO. 13196. FINAL NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF ECOSYSTEM RESERVE Ex. Ord. No. 13196, Jan. 18, 2001, 66 F.R. 7395, provided: 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 [see Short Title of 2000 Amendment note set out under section 1431 of this title], and in furtherance of the purposes of the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1801 et seq.), Marine Protection, Research, and Sanctuaries Act [of 1972] (33 U.S.C. 1401 et seq. [16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801 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 [of 1972] (16 U.S.C. 1362 [1361] et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), National Historic Preservation Act ([former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.], National Wildlife Refuge System Administration Act (16 U.S.C. 668dd–e.e. [16 U.S.C. 668dd–668ee]), and other pertinent statutes, it is ordered as follows: SEC. 1. Preamble. On December 4, 2000, I issued Execu- tive Order 13178 [set out above] establishing the North- western Hawaiian Islands Coral Reef Ecosystem Re- serve (Reserve) pursuant to my authority under the Na- tional Marine Sanctuaries Act, as amended by the Na- tional 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 com- ment. Accordingly, I proposed to make permanent the Reserve Preservation Areas and initiated a 30-day com- ment period on this proposal. I also sought comment on the conservation measures for the Reserve. On my be- half, 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 Pres- ervation Areas with certain modifications set forth below. Further, I have modified certain conservation measures to address concerns raised, particularly re- garding commercial and recreational fishing within the Reserve. With this action, the establishment of the Re- serve under the Act, including the conservation meas- ures 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 Na- tional Marine Sanctuary, as required by the Act. SEC. 2. Purpose. The purpose of this order is to amend Executive Order 13178 [set out above], and to make per- manent Reserve Preservation Areas, as modified below, to ensure the comprehensive, strong, and lasting pro- tection of the resources of the Northwestern Hawaiian Islands. [SECS. 3, 4. Amended Ex. Ord. No. 13178, set out above.] SEC. 5. Reserve Preservation Areas. The Reserve Preser- vation 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. WILLIAM J. CLINTON. § 6402. Federal coral reef management and res- toration activities (a) In general The Administrator, the Secretary of the Inte- rior, or the Secretary of Commerce may conduct activities described in subsection (b) to conserve and restore coral reefs and coral reef ecosystems that are consistent with— (1) all applicable laws governing resource management in Federal and State waters, in- cluding this chapter; (2) the National Coral Reef Resilience Strat- egy; and (3) coral reef action plans in effect under sec- tion 6404 of this title, as applicable. (b) Activities described Activities described in this subsection are ac- tivities to conserve, research, monitor, assess, and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of a Federal agency specified in subsection (c) or in coordination with a State in waters managed under the jurisdiction of such State, including— (1) developing, including through the collec- tion of requisite in situ and remotely sensed data, high-quality and digitized maps reflect- ing— (A) current and historical live coral cover data; (B) coral reef habitat quality data; (C) priority areas for coral reef conserva- tion to maintain biodiversity and ecosystem structure and function, including the reef matrix, that benefit coastal communities and living marine resources; (D) priority areas for coral reef restoration to enhance biodiversity and ecosystem structure and function, including the reef matrix, to benefit coastal communities and living marine resources; and (E) areas of concern that may require en- hanced monitoring of coral health and cover; (2) enhancing compliance with Federal laws that prohibit or regulate— (A) the taking of coral products or species associated with coral reefs; or (B) the use and management of coral reef ecosystems; (3) long-term ecological monitoring of coral reef ecosystems; (4) implementing species-specific recovery plans for listed coral species consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (5) restoring degraded coral reef ecosystems; (6) reducing land-based stressors to coral reef ecosystems; (7) promoting ecologically sound navigation and anchorages, including through naviga- tional aids and expansion of reef-safe anchor- ages and mooring buoy systems, to enhance recreational access while preventing or mini- mizing the likelihood of vessel impacts or other physical damage to coral reefs; (8) monitoring and responding to severe bleaching or mortality events, disease out- breaks, invasive species outbreaks, and signifi- cant maritime accidents, including hazardous spill cleanup and the removal of grounded ves- sels; (9) conducting scientific research that con- tributes to the understanding, sustainable use, and long-term conservation of coral reefs; (10) enhancing public awareness, under- standing, and appreciation of coral reefs and