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EO 13158Executive OrderClinton · D Quiet signal

Executive Order 13158

Marine Protected Areas

This executive order establishes a national system of marine protected areas (MPAs) by directing federal agencies to strengthen existing protections, create new MPAs, and coordinate through a new NOAA Marine Protected Area Center. It requires science-based assessments of ecological needs, pollution threats, and economic effects while mandating that agencies avoid harming MPA resources in their activities.

Federal Register Open PDF 65 FR 34909

Impact dates

  1. Commerce and Interior to establish joint MPA website and publish MPA list

  2. Commerce to establish Marine Protected Area Federal Advisory Committee

  3. EPA to expeditiously propose new science-based Clean Water Act regulations for marine environment protection

  4. NOAA to establish Marine Protected Area Center

  5. Annual public agency reports on implementation actions

Key directives

  • Federal agencies with MPA authority shall enhance/expand existing MPAs and establish/recommend new MPAs (Sec. 3)
  • Commerce and Interior shall develop national MPA system in consultation with multiple agencies (Sec. 4(a))
  • EPA shall expeditiously propose new science-based Clean Water Act regulations for marine environment protection (Sec. 4(f))
  • Commerce shall establish Marine Protected Area Federal Advisory Committee (Sec. 4(c))
  • Commerce and Interior shall jointly establish and manage MPA information website and publish MPA list (Sec. 4(d))
  • NOAA shall establish Marine Protected Area Center to develop national system framework (Sec. 4(e))
  • Federal agencies shall identify actions affecting MPA resources and avoid harm to maximum extent practicable (Sec. 5)
  • Each implementing agency shall prepare and make public annual compliance reports (Sec. 6)

Who is ordered

Timeline

Immediate

  • MPA Center establishment by NOAA
  • Marine Protected Area Federal Advisory Committee establishment by Commerce
  • Joint MPA website creation by Commerce and Interior
  • EPA directed to expeditiously propose new Clean Water Act regulations for marine protection

Near term (90d)

  • Initial framework development for national MPA system
  • Publication of initial MPA list meeting EO definition
  • Advisory Committee convening and expert consultation

Long term

  • Annual public reporting by all implementing agencies on compliance actions
  • Development of comprehensive national MPA system representing diverse ecosystems
  • International technical assistance and program linkages
  • Ongoing science-based monitoring and evaluation protocols

Risks & tensions

  • EPA's directive to act 'expeditiously' lacks specific deadline, creating implementation uncertainty
  • Multiple agency coordination requirement (Commerce, Interior, Defense, State, EPA, etc.) may produce bureaucratic friction
  • Sec. 4(e) explicit 'support, not interfere with' language suggests tension between centralized MPA Center and agency autonomy
  • Economic effects assessment requirement (4(a)(7)) signals anticipated conflict with commercial fishing and other extractive industries
  • State/tribal jurisdiction preservation (Sec. 8(a)) and Indian treaty rights protection (Sec. 8(b)) create complex federalism overlay
  • Non-enforceability clause (Sec. 8(c)) limits accountability mechanisms despite annual reporting requirement
Executive Order 13158: Marine Protected Areas · Executive Orders