Executive Order 13089, signed by President Clinton on June 11, 1998, established the U.S. Coral Reef Task Force, which is composed of top-level officials from all pertinent federal agencies and state-level governments. Seventy-seven conservation, fishing, diving, and science organizations representing over 2.3 million members have signed a group letter demanding that the U.S. Coral Reef Task Force (Task Force) exercise its oversight responsibility under the Executive Order. ReefKeeper International coordinated this multigroup effort and delivered the letter to the Task Force.
Executive Order 13089 Executive Order 13089, signed by President Clinton on June 11, 1998, established the U.S. Coral Reef Task Force and its obligations to
" oversee implementation of the policy and Federal agency responsibilities set forth in this order" (Section 4); (and) "develop, recommend, and seek or secure implementation of measures necessary to reduce and mitigate coral reef ecosystem degradation and to restore damaged coral reefs" (Section 5).
" oversee implementation of the policy and Federal agency responsibilities set forth in this order" (Section 4); (and)
"develop, recommend, and seek or secure implementation of measures necessary to reduce and mitigate coral reef ecosystem degradation and to restore damaged coral reefs" (Section 5).
Section 2 of the Executive Order states:
"(a) All Federal agencies whose actions may affects U.S. coral reef ecosystems shall ... (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 degrade the conditions of such ecosystems." These two sections clearly outline the goals of the Executive Order as well as the responsibility of the Task Force to oversee the implementation of the Executive Order, including Section 2's requirement for non-degradation of coral reef ecosystems by any federal agency actions.
"(a) All Federal agencies whose actions may affects U.S. coral reef ecosystems shall ... (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 degrade the conditions of such ecosystems."
These two sections clearly outline the goals of the Executive Order as well as the responsibility of the Task Force to oversee the implementation of the Executive Order, including Section 2's requirement for non-degradation of coral reef ecosystems by any federal agency actions.
Draft Oversight Protocol Inadequate A draft "Oversight of Agency Actions Affecting Coral Reef Protection" prepared by the Task Force in 1999 falls short of fulfilling the Task Force's obligations under Executive Order 13089. While the proposal requires Task Force member Federal agencies to develop implementation plans, the member Federal agencies are then virtually free to act without any oversight from the Task Force, except for an annual report summarizing actions already undertaken. Non-member agencies are only advised and encouraged on implementation of the Order. This proposal places the Task Force merely in the role of an observer and/or advisor.
The Executive Order clearly intends that the Task Force be placed in the role of enforcer, not observer. The Task Force must not only have direct input into actions that may impact coral reefs but must also enforce the provisions of Section 2 of the Executive Order to protect and enhance those ecosystems.
As a result of the concerns expressed by both the public and Task Force members, the oversight protocol is currently being revised. The Task Force made a commitment to have an effective oversight protocol drafted. Since the Administration will be changing after the November elections, there is a strong sense of urgency in completing this oversight protocol now.
Options for Effective Oversight ReefKeeper International has submitted the following options for consideration by the Task Force for the oversight protocol and has requested that the oversight protocol be discussed and finalized. The options are not mutually exclusive; rather a number of the options listed below can be adopted together to form an effective oversight policy.
Option 1: In the most stringent interpretation of Executive Order 13089, the Task Force as a body would review and approve everything that federal agencies authorize, fund or carry out to ensure that it does not degrade coral reef ecosystems. This level of oversight offers the greatest protection to fragile coral reefs, but also would likely be time and personnel prohibitive.
Option 2: The Task Force as a body could develop policy documents for certain types of projects. These Task Force policy documents would set goals and best management practices for small projects. The intent would be that a particular project would comply with one of these policy documents, but not more since the individual policy documents do not address cumulative impacts. Larger projects or projects with multiple components would be referred to the Task Force for approval.
Option 3: The Task Force could work with federal agencies to develop internal agency policy documents and procedures that are consistent with EO 13089. The Task Force would review compliance with these policies on an ongoing basis and make adjustments, as necessary.
Option 4: Environmental Impact Statements (EIS) and Environmental Assessments (EA) could contain a separate section that discussed potential impacts to coral reef ecosystems. The Task Force as a body would receive copies of the EIS or EA. The EIS/EA would require the approval of the Task Force. Alternatively, the Task Force could be given an opportunity to comment on the EIS and EAs but the written approval of the Task Force would not be required.
Option 5: Each agency would designate a staff member who would be responsible for reviewing actions undertaken, funded, etc. by the agency and determining if it meets EO 13089. A discussion of potential impacts to coral reefs would be made part of the approval process. For example, appropriate fishery management plans and amendments would include a paragraph (or more, as needed) on coral reef impacts in addition to discussions on Essential Fish Habitat in general. The staff member would review the actions and recommend changes, as needed. The staff member would then forward these findings to the Task Force prior to the action being conducted or permits being issued to give the Task Force an opportunity to comment.
Option 6: The Task Force would be assigned independent staff that would act on behalf of Task Force in consultations with federal agencies. Staff would be able to respond to some, but not all, referred projects. Some large projects may still require the attention of the whole Task Force. Independence of staff would eliminate any conflicts of interest.
Option 7: Task Force meetings would be held at least quarterly. At these meetings, time would be allotted to discuss and render decisions on controversial items, items of conflict between federal agencies, and by request of federal agencies or the general public.
Option 8: A routing system would be created to keep Task Force members advised of proposed and pending actions that may adversely impact coral reef ecosystems. Individual Task Force members could then become involved or bring the issue before the entire Task Force for consideration.
Option 9: A committee could be established that would meet more frequently than the entire Task Force, such as on a monthly basis. The committee would have authorization to review and comment on behalf of the Task Force. Committee members would not vote on actions proposed by their own agencies. In the event of disagreement, the committee could refer the matter to the entire Task Force.
Option 10: The Task Force could utilize procedures similar to that implemented by the South Atlantic Fishery Management Council for its consultations on Essential Fish Habitat. A copy of the South Atlantic Essential Fish Habitat consultation protocol is attached.
Option 11: Any federal agency, employee, or member of the general public would be allowed to appeal any agency decisions to the Task Force if they believe the proposed action may adversely impact coral reefs. The Task Force would then review and resolve the dispute prior to any action being taken or permits being issued.
Adoption of a set of the above options is essential to achieve effective oversight by the U.S. Coral Reef Task Force of federal agency activities potentially affecting American coral reefs. ReefKeeper International is working with the Task Force towards that end.