81_FR_90909 81 FR 90669 - Northern Bering Sea Climate Resilience

81 FR 90669 - Northern Bering Sea Climate Resilience

Executive Office of the President

Federal Register Volume 81, Issue 240 (December 14, 2016)

Page Range90669-90674
FR Document2016-30277

Federal Register, Volume 81 Issue 240 (Wednesday, December 14, 2016)
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Presidential Documents]
[Pages 90669-90674]
From the Federal Register Online  [www.thefederalregister.org]
[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

[[Page 90670]]

                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

[[Page 90671]]

(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

[[Page 90672]]

                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.

[[Page 90673]]

                    (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


[[Page 90674]]

[GRAPHIC] [TIFF OMITTED] TD14DE16.040


[FR Doc. 2016-30277
Filed 12-13-16; 11:15 a.m.]
Billing code 4310-10-C



                                                                   Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Presidential Documents                     90669

                                                                                                       Presidential Documents



                                                                                                       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 sustain-
                                                                                                       able 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 commu-
                                                                                                       nities 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 commu-
                                                                                                       nities, rich indigenous cultures, and unique marine ecosystems, each of
                                                                                                       which plays an important role in maintaining regional resilience. The chang-
                                                                                                       ing 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 migra-
                                                                                                       tory pathways, habitat, and breeding grounds, is essential for the survival
                                                                                                       of marine mammals, fish, seabirds, other wildlife, and the subsistence com-
                                                                                                       munities that depend on them. These communities possess a unique under-
                                                                                                       standing 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.
sradovich on DSK3GMQ082PROD with PRES DOCS




                                                                                                       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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                                                  90670            Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Presidential Documents

                                                                                                       by the Agreement Between the United States of America and the Union
                                                                                                       of Soviet Socialist Republics on the Maritime Boundary, signed at Wash-
                                                                                                       ington, 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 with-
                                                                                                       draw 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 with-
                                                                                                       drawal 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 agen-
                                                                                                       cies, 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
sradovich on DSK3GMQ082PROD with PRES DOCS




                                                                                                         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 recommenda-
                                                                                                         tions 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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                                                                   Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Presidential Documents                     90671

                                                                                                          (v) In developing and implementing recommendations, coordinate or con-
                                                                                                          sult 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 Coun-
                                                                                                       cil, for the purpose of providing input to the Bering Task Force and facili-
                                                                                                       tating 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, guid-
                                                                                                       ance, 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 offi-
                                                                                                       cials 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 recommenda-
                                                                                                       tions 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
sradovich on DSK3GMQ082PROD with PRES DOCS




                                                                                                       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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                                                  90672            Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Presidential Documents

                                                                                                       and subsoil of the Outer Continental Shelf, marine mammal migratory path-
                                                                                                       ways and other biologically important areas, and subsistence whaling, hunt-
                                                                                                       ing, and fishing.
                                                                                                         (c) In recognition of the value of participation of Alaska Native tribal
                                                                                                       governments in decisions affecting the Northern Bering Sea Climate Resil-
                                                                                                       ience 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, includ-
                                                                                                       ing 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 con-
                                                                                                       templated 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 Organi-
                                                                                                       zation 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 Contin-
                                                                                                       gency 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 Re-
                                                                                                       sponse 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 commer-
                                                                                                       cial 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
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                                                                                                       against the United States, its departments, agencies, or entities, its officers,
                                                                                                       employees, or agents, or any other person.




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                                                                   Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Presidential Documents                     90673

                                                                                                          (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 con-
                                                                                                       strued to derogate from obligations under applicable international law.




                                                                                                       THE WHITE HOUSE,
                                                                                                       December 9, 2016.


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                                                  90674            Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Presidential Documents
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                                                  [FR Doc. 2016–30277

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Document Created: 2016-12-14 00:48:46
Document Modified: 2016-12-14 00:48:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionPresidential Documents
FR Citation81 FR 90669 

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