[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Presidential Documents]
[Pages 90669-90674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30277]
Presidential Documents
Federal Register / Vol. 81 , No. 240 / Wednesday, December 14, 2016 /
Presidential Documents
[[Page 90669]]
Executive Order 13754 of December 9, 2016
Northern Bering Sea Climate Resilience
By the authority vested in me as the President by the
Constitution and the laws of the United States of
America, including the Outer Continental Shelf Lands
Act, 43 U.S.C. 1331 et seq., it is hereby ordered as
follows:
Section 1. Purpose. As recognized in Executive Order
13689 of January 21, 2015, (Enhancing Coordination of
National Efforts in the Arctic), Arctic environmental
stewardship is in the national interest. In furtherance
of this principle, and as articulated in the March 10,
2016, U.S.-Canada Joint Statement on Climate, Energy,
and Arctic Leadership, the United States has resolved
to confront the challenges of a changing Arctic by
working to conserve Arctic biodiversity; support and
engage Alaska Native tribes; incorporate traditional
knowledge into decisionmaking; and build a sustainable
Arctic economy that relies on the highest safety and
environmental standards, including adherence to
national climate goals. The United States is committed
to achieving these goals in partnership with indigenous
communities and through science-based decisionmaking.
This order carries forth that vision in the northern
Bering Sea region.
The Bering Sea and Bering Strait are home to numerous
subsistence communities, rich indigenous cultures, and
unique marine ecosystems, each of which plays an
important role in maintaining regional resilience. The
changing climate and rising average temperatures are
reducing the occurrence of sea ice; changing the
conditions for fishing, hunting, and subsistence
whaling; and opening new navigable routes to increased
ship traffic. The preservation of a healthy and
resilient Bering ecosystem, including its migratory
pathways, habitat, and breeding grounds, is essential
for the survival of marine mammals, fish, seabirds,
other wildlife, and the subsistence communities that
depend on them. These communities possess a unique
understanding of the Arctic ecosystem, and their
traditional knowledge should serve as an important
resource to inform Federal decisionmaking.
Sec. 2. Policy. It shall be the policy of the United
States to enhance the resilience of the northern Bering
Sea region by conserving the region's ecosystem,
including those natural resources that provide
important cultural and subsistence value and services
to the people of the region. For the purpose of
carrying out the specific directives provided herein,
this order delineates an area hereafter referred to as
the ``Northern Bering Sea Climate Resilience Area,'' in
which the exercise of relevant authorities shall be
coordinated among all executive departments and
agencies (agencies). All agencies charged with
regulating, overseeing, or conducting activities in the
Northern Bering Sea Climate Resilience Area shall do so
with attention to the rights, needs, and knowledge of
Alaska Native tribes; the delicate and unique
ecosystem; the protection of marine mammals, fish,
seabirds, and other wildlife; and with appropriate
coordination with the State of Alaska.
The boundary of the Northern Bering Sea Climate
Resilience Area includes waters within the U.S.
Exclusive Economic Zone bounded to the north by the
seaward boundary of the Bering Straits Native
Corporation established pursuant to the Alaska Native
Claims Settlement Act; to the south by the southern
boundaries of the Northern Bering Sea Research Area,
the St. Matthew Habitat Conservation Area, and the
Nunivak-Kuskokwim Habitat Conservation Area; and to the
west by the maritime boundary delimited
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by the Agreement Between the United States of America
and the Union of Soviet Socialist Republics on the
Maritime Boundary, signed at Washington, June 1, 1990.
Sec. 3. Withdrawal. Under the authority granted to me
in section 12(a) of the Outer Continental Shelf Lands
Act, 43 U.S.C. 1341(a), I hereby withdraw from
disposition by leasing for a time period without
specific expiration the following areas of the Outer
Continental Shelf: (1) the area currently designated by
the Bureau of Ocean Energy Management as the Norton
Basin Planning Area; and (2) the Outer Continental
Shelf lease blocks within the Bureau of Ocean Energy
Management's St. Matthew-Hall Planning Area lying
within 25 nautical miles of St. Lawrence Island. The
boundaries of the withdrawn areas are more specifically
delineated in the attached map and, with respect to the
St. Matthew-Hall Planning Area, the accompanying table
of withdrawn Outer Continental Shelf lease blocks. Both
the map and table form a part of this order, with the
table governing the withdrawal and withdrawal
boundaries within the St. Matthew-Hall Planning Area.
This withdrawal prevents consideration of these areas
for future oil or gas leasing for purposes of
exploration, development, or production. This
withdrawal furthers the principles of responsible
public stewardship entrusted to this office and takes
due consideration of the importance of the withdrawn
area to Alaska Native tribes, wildlife, and wildlife
habitat, and the need for regional resiliency in the
face of climate change. Nothing in this withdrawal
affects rights under existing leases in the withdrawn
areas.
Sec. 4. Task Force on the Northern Bering Sea Climate
Resilience Area. (a) There is established a Task Force
on the Northern Bering Sea Climate Resilience Area
(Bering Task Force), under the Arctic Executive
Steering Committee (AESC) established in Executive
Order 13689, to be co-chaired by an office of the
Department of the Interior, the National Oceanic and
Atmospheric Administration, and the U.S. Coast Guard.
(b) The membership of the Bering Task Force (member
agencies) shall include, in addition to the Co-Chairs,
designated senior-level representatives from:
(i) the Department of State;
(ii) the Department of Defense;
(iii) the Department of Transportation;
(iv) the Environmental Protection Agency;
(v) the U.S. Army Corps of Engineers;
(vi) the U.S. Arctic Research Commission;
(vii) the National Science Foundation; and
(viii) such agencies and offices as the Co-Chairs may designate.
(c) Consistent with the authorities and
responsibilities of its member agencies, the Bering
Task Force, with the purpose of advancing the United
States policy in the Northern Bering Sea Climate
Resilience Area as set forth in section 2 of this
order, shall:
(i) Establish and provide regular opportunities to consult with the Bering
Intergovernmental Tribal Advisory Council as described in section 5 of this
order;
(ii) Coordinate activities of member agencies, including regulatory,
policy, and research activities, affecting the Northern Bering Sea Climate
Resilience Area and its value for subsistence and cultural purposes;
(iii) Consider the need for additional actions or strategies to advance the
policies established in section 2 of this order and provide recommendations
as appropriate to the President through the AESC;
(iv) Consider and make recommendations with respect to the impacts of
shipping on the Northern Bering Sea Climate Resilience Area including those
described in sections 7 and 8 of this order; and
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(v) In developing and implementing recommendations, coordinate or consult
as appropriate with existing AESC working groups, the State of Alaska,
regional and local governments, Alaska Native tribal governments, Alaska
Native corporations and organizations, the private sector, other relevant
organizations, and academia.
Sec. 5. The Bering Intergovernmental Tribal Advisory
Council. (a) The Bering Task Force, within 6 months of
the date of this order, and after considering
recommendations from Alaska Native tribal governments,
shall, in accordance with existing law, establish a
Bering Intergovernmental Tribal Advisory Council, for
the purpose of providing input to the Bering Task Force
and facilitating effective consultation with Alaska
Native tribal governments.
(b) The Bering Intergovernmental Tribal Advisory
Council shall be charged with providing input and
recommendations on activities, regulations, guidance,
or policy that may affect actions or conditions in the
Northern Bering Sea Climate Resilience Area, with
attention given to climate resilience; the rights,
needs, and knowledge of Alaska Native tribes; the
delicate and unique ecosystem; and the protection of
marine mammals and other wildlife.
(c) The Bering Intergovernmental Tribal Advisory
Council should include between 9 and 11 elected
officials or their designees representing Alaska Native
tribal governments with a breadth of interests in the
Northern Bering Sea Climate Resilience Area, and may
include such additional Federal officials and State and
local government elected officials as the Bering Task
Force deems appropriate. The Bering Intergovernmental
Tribal Advisory Council will adopt such procedures as
it deems necessary to govern its activities.
Sec. 6. Traditional Knowledge in Decisionmaking. It
shall be the policy of the United States to recognize
and value the participation of Alaska Native tribal
governments in decisions affecting the Northern Bering
Sea Climate Resilience Area and for all agencies to
consider traditional knowledge in decisions affecting
the Northern Bering Sea Climate Resilience Area.
Specifically, all agencies shall consider applicable
information from the Bering Intergovernmental Tribal
Advisory Council in the exercise of existing agency
authorities. Such input may be received through
existing agency procedures and consultation processes.
Sec. 7. Pollution from Vessels. The Bering Task Force,
within 9 months of the date of this order and after
coordination as needed with existing working groups
within the AESC, shall provide the AESC with
recommendations on:
(a) Actions to ensure or support implementation of
the International Code for Ships Operating in Polar
Waters, as adopted by the International Maritime
Organization, especially with respect to limitations on
discharges from vessels in the Northern Bering Sea
Climate Resilience Area; and
(b) Any additional measures necessary to achieve
the policies established in section 2 of this order,
such as the potential identification of zero-discharge
zones, assessments of the pollution risks posed by
increased vessel traffic, or noise reduction measures
associated with sensitive ecological and cultural areas
within the Northern Bering Sea Climate Resilience Area.
Sec. 8. Shipping Routing Measures. (a) In recognition
of the United States commitment to reduce the impact of
shipping within the Bering Sea and the Bering Strait
and the many environmental factors in the Northern
Bering Sea Climate Resilience Area that inform the best
routes for navigation, safety, and the marine
environment, the U.S. Coast Guard should conclude its
ongoing port access route study for the Chukchi Sea,
Bering Strait, and Bering Sea (Bering Sea PARS)
pursuant to the Ports and Waterways Safety Act, 33
U.S.C. 1221 et seq.
(b) In designation of routes and any areas to be
avoided, and consistent with existing authorities,
consideration should be given to the Northern Bering
Sea Climate Resilience Area, including the effects of
shipping and vessel pollution on the marine
environment, fishery resources, the seabed
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and subsoil of the Outer Continental Shelf, marine
mammal migratory pathways and other biologically
important areas, and subsistence whaling, hunting, and
fishing.
(c) In recognition of the value of participation of
Alaska Native tribal governments in decisions affecting
the Northern Bering Sea Climate Resilience Area, the
U.S. Coast Guard should consider traditional knowledge,
including with respect to marine mammal, waterfowl, and
seabird migratory pathways and feeding and breeding
grounds, in the development of the Bering Sea PARS,
establishment of routing measures and any areas to be
avoided, and subsequent rulemaking and management
decisions.
(d) No later than December 30, 2016, the U.S. Coast
Guard shall publish preliminary findings for the Bering
Sea PARS in the Federal Register, including information
related to its status, potential routing measures, and
its projected schedule. The U.S. Coast Guard should
also consider using this opportunity to provide notice
of any new information or proposed measures resulting
from its ongoing consultation process.
(e) Upon completion of the Bering Sea PARS, the
U.S. Coast Guard shall promptly issue a notice of
proposed rulemaking for any designation contemplated on
the basis of the study. The U.S. Coast Guard shall
coordinate as appropriate with the Department of State
and other coastal nations and submit any proposed
routing measures to the International Maritime
Organization by 2018 for the purpose of their adoption
and implementation.
Sec. 9. Oil Spill Preparedness. The U.S. Coast Guard,
in coordination with all relevant agencies and the
State of Alaska, shall update the Area Contingency
plans, the Subarea Response Plans, and the Geographic
Response Strategies relevant to the Northern Bering Sea
Climate Resilience Area. These plans and strategies
shall be consistent with the National Contingency Plan,
and shall include appropriate measures to improve local
response capacity and preparedness such as spill
response training opportunities for local communities,
including Hazardous Waste Operations and Emergency
Response training for Village Public Safety Officers
and other first responders.
Sec. 10. Continuity of Existing Habitat Protection. The
area included in the Northern Bering Sea Climate
Resilience Area is currently closed to commercial non-
pelagic trawl gear under rules implementing the Fishery
Management Plans of the Bering Sea and Aleutian Islands
Management Area and the Arctic Management Area.
Consistent with existing law, the National Oceanic and
Atmospheric Administration, in coordination with the
North Pacific Fishery Management Council, shall take
such actions as are necessary to support the policy set
forth in section 2 of this order, including actions to
maintain the existing prohibitions on the use of
commercial non-pelagic trawl gear.
Sec. 11. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(1) the authority granted by law to a department, agency, or the head
thereof; or
(2) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistently
with applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
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(d) The policies set forth in this order are
consistent with existing U.S. obligations under
international law and nothing in this order shall be
construed to derogate from obligations under applicable
international law.
(Presidential Sig.)
THE WHITE HOUSE,
December 9, 2016.
Billing code 3295-F7-P
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[GRAPHIC] [TIFF OMITTED] TD14DE16.040
[FR Doc. 2016-30277
Filed 12-13-16; 11:15 a.m.]
Billing code 4310-10-C