Please Comment by Jan 3rd on Coral Task Force Oversight

Alexander Stone reefkeeper at earthlink.net
Wed Dec 15 09:55:25 EST 1999


Dear Coral Listers and other Friends of Coral Reefs:

We at ReefKeeper International strongly urge you to weigh in with your comments on how 
the US Coral Reef Task Force is proposing to discharge its responsibility to prevent 
federal agency activities from degrading coral reef ecosystems.  Please send your written 
comments before January 3rd to the federal official noted below this message.  The text 
of the Task Force's proposed "Oversight of Agency Actions Affecting Coral Reef 
Protection" can be accessed at http://coralreef.gov.

You'll see from our comments appearing below that we are very concerned that the Task 
Force is proposing to take too collegial an approach to what we argue is an enforcement 
responsibility on the part of the Task Force.  The one real thing that Executive Order 
13089 empowers the Task Force to do for actual coral reef protection is to discharge that 
enforcement responsibility properly.  And the Task Force needs to hear from lots of us to 
have that sink in and take hold.

So thanks a lot if you do send in a letter.  It could really make a difference.

With many thanks,

ALEXANDER STONE
ReefKeeper International
2809 Bird Avenue - PMB 162
Miami, FL 33133

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

December 14, 1999
Operations Center

United States Coral Reef Task Force
c/o Patricia Kennedy
Office of the Assistant Secretary
   for Fish and Wildlife and Parks
U.S. Department of the Interior
1849 C Street, N.W., Mail Stop 3156
Washington, DC  20240

RE: Comments on "Oversight of Agency Actions Affecting Coral Reef Protection"

Dear Task Force Members:

	In response to the notice for public comments by January 3, 2000, ReefKeeper 
International respectfully submits the following comments to the draft document 
"Oversight of Agency Actions Affecting Coral Reef Protection", proposed for adoption by 
the U.S. Coral Reef Task Force (Task Force).  

	Since 1989, ReefKeeper International has operated as a non-profit conservation 
organization dedicated exclusively to the protection of coral reefs.  We have 
participated in Task Force activities since the Task Force was created in June 1998 by 
President Clinton's Executive Order 13089.

	ReefKeeper International urges the Task Force to adopt stronger agency oversight 
measures that fulfill the Task Force's obligation to provide oversight that will protect 
and enhance the coral reef resources of the United States.  Specifically, we request that 
a procedure be developed whereby all Federal agencies are required to have a dedicated 
person co-responsible to the Task Force for reviewing agency actions that may affect 
coral reefs.  The Task Force must assume ultimate responsibility for oversight and be the 
final decision on controversial actions.  We also request that reporting by Federal 
agencies to the Task Force be required on a more frequent basis.

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);
	"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.

Applicability to All Federal Agencies
	Section 2 of Executive Order 13089 applies to all federal agencies, not just agencies 
that are members of the Coral Reef Task Force.  All Federal agencies must ensure that 
actions that they authorize, fund or carry out do not degrade coral reef ecosystems.  
Therefore, throughout the draft document, ReefKeeper International requests that 
references to requirements for member Federal agencies be changed to all Federal 
agencies.  

Agency Implementation Plans
	The draft document "Oversight of Agency Actions Affecting Coral Reef Protection" 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.  

	Therefore, ReefKeeper International respectfully requests that all Federal agencies be 
required to designate a person who is responsible to the Task Force for reviewing any and 
all actions by that agency that may impact coral reefs.  Unresolved controversial actions 
must be brought to the attention of the Task Force by the designated person from the 
Federal agency.  Any member of the public may also bring proposed actions to the 
attention of the Task Force by the procedures outlined in Section 2 of this document.

	Therefore, ReefKeeper International recommends that the language under Item 1. Agency 
implementation plans be changed as follows (proposed changes indicated in italics):

	1.  Agency implementation plans.  By June 11, 2000, each Federal agency will provide the 
Task Force Co-Chairs with a copy of the Federal agency's Coral Reef Protection 
Implementation Plan ("Plan")

	b.  The name, title and address of the Federal agency's designated contact for inquiries 
concerning coral reef protection and for the Federal agency's participation in the Task 
Force if the Federal agency is a member of the Task Force.

	Add the following after item b:
	b2.  The name, title and address of the Federal agency's designated person that will 
review any and all actions that may impact coral reefs that the Federal agency 
authorizes, carries out, or funds.
	c.  The Task Force Co-Chair will post the Federal agency Implementation Plans on the 
Internet at http://coralreef.gov.

	Delete item d.

Task Force Oversight
	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.

	If the designated person from any Federal agency or the Task Force determines that a 
proposed action will fail to meet the objectives of the Executive Order, then the Task 
Force must work with the Federal agency to revise the actions or, if necessary, enforce 
the Executive Order by prohibiting the action.   

	Therefore, ReefKeeper International recommends that a section entitled Task Force 
Oversight be added to the draft document with the following text:

	Task Force Oversight: 
	a.  The Federal agency's designated person for reviewing projects shall bring to the 
attention of the Task Force projects which may adversely impact coral reefs that are 
inconsistent with the requirements of Section 2 (a) (a) -(c) of the Order and  are not 
covered by an exception under Section 2 (b).

	b.  Members of the public may also bring actions to the attention of the Task Force as 
outlined in Section 2 of this document.

	c.  The Task Force shall review the proposed actions and offer advice and counsel to 
facilitate resolution of issues.

	d.  The Task Force will enforce the provisions of Section 2 of the Order by prohibiting 
or modifying proposed actions that are inconsistent with that section of the Order.

	e.  Agreement by the Task Force that the proposed actions meet the requirements of 
Section 2 of the Order shall be required prior to the initiation of that action.  The 
approval may be granted by the Federal agency's designated person for reviewing projects 
or the Task Force as outlined above.

Public Issue Identification
	Section 2 of Executive Order 13089 applies to all federal agencies, not just those that 
are members of the Task Force.  Accordingly, the public response section of the draft 
document should reflect this mandate.

	Therefore, ReefKeeper International recommends that the language under Item 2. Public 
issue identification and response be changed as follows (changes indicated in italics):

	a.  ... any Member about the actions of any Federal agency will be referred ... 

	b.  Federal agencies whose actions...

	ii.  Communications with the Task Force will not substitute for public comment through 
Federal agency provisions for public comment or public hearing on actions. [delete 
remainder of paragraph]

	Delete item c.

Reporting Frequency
	ReefKeeper International also requests that reporting by Federal agencies be conducted 
on a quarterly basis, rather than an annual basis as proposed.  This will allow the Task 
Force to be kept more up-to-date on actions by the Federal agencies and meet some of its 
oversight responsibilities.

	Therefore, ReefKeeper International recommends that the language under Item 3. Annual 
Reports be changed as follows (changes indicated in italics):

	In March, June, September, and December each year Federal agencies will present ... and 
the public.  Federal agencies will provide written ... 

	Thank you for your consideration, and anticipated support, of our request for a Task 
Force review procedure and quarterly Federal agency reporting that will truly ensure that 
the intent of Executive Order 13089 to protect coral reef ecosystems is met.


Sincerely,



Alexander Stone
Director


cc:	A. Gore, U.S. Vice-President
	Task Force members



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