Promoting American Seafood Competitiveness and Economic Growth
| Published date | 12 May 2020 |
| Citation | 85 FR 28471 |
| Record Number | 2020-10315 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 85 Issue 92 (Tuesday, May 12, 2020)
[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Presidential Documents]
[Pages 28471-28477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10315]
Presidential Documents
Federal Register / Vol. 85 , No. 92 / Tuesday, May 12, 2020 /
Presidential Documents
[[Page 28471]]
Executive Order 13921 of May 7, 2020
Promoting American Seafood Competitiveness and
Economic Growth
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to strengthen the American
economy; improve the competitiveness of American
industry; ensure food security; provide environmentally
safe and sustainable seafood; support American workers;
ensure coordinated, predictable, and transparent
Federal actions; and remove unnecessary regulatory
burdens, it is hereby ordered as follows:
Section 1. Purpose. America needs a vibrant and
competitive seafood industry to create and sustain
American jobs, put safe and healthy food on American
tables, and contribute to the American economy. Despite
America's bountiful aquatic resources, by weight our
Nation imports over 85 percent of the seafood consumed
in the United States. At the same time, illegal,
unreported, and unregulated fishing undermines the
sustainability of American and global seafood stocks,
negatively affects general ecosystem health, and
unfairly competes with the products of law-abiding
fishermen and seafood industries around the world. More
effective permitting related to offshore aquaculture
and additional streamlining of fishery regulations have
the potential to revolutionize American seafood
production, enhance rural prosperity, and improve the
quality of American lives. By removing outdated and
unnecessarily burdensome regulations; strengthening
efforts to combat illegal, unreported, and unregulated
fishing; improving the transparency and efficiency of
environmental reviews; and renewing our focus on long-
term strategic planning to facilitate aquaculture
projects, we can protect our aquatic environments;
revitalize our Nation's seafood industry; get more
Americans back to work; and put healthy, safe food on
our families' tables.
Sec. 2. Policy. It is the policy of the Federal
Government to:
(a) identify and remove unnecessary regulatory
barriers restricting American fishermen and aquaculture
producers;
(b) combat illegal, unreported, and unregulated
fishing;
(c) provide good stewardship of public funds and
stakeholder time and resources, and avoid duplicative,
wasteful, or inconclusive permitting processes;
(d) facilitate aquaculture projects through
regulatory transparency and long-term strategic
planning;
(e) safeguard our communities and maintain a
healthy aquatic environment;
(f) further fair and reciprocal trade in seafood
products; and
(g) continue to hold imported seafood to the same
food-safety requirements as domestically produced
products.
Sec. 3. Definitions. For purposes of this order:
(a) ``Aquaculture'' means the propagation, rearing,
and harvesting of aquatic species in controlled or
selected environments;
(b) ``Aquaculture facility'' means any land,
structure, or other appurtenance that is used for
aquaculture;
[[Page 28472]]
(c) ``Aquaculture project'' means a project to
develop the physical assets designed to provide or
support services to activities in the aquaculture
sector, including projects for the development or
construction of an aquaculture facility;
(d) ``Exclusive economic zone of the United
States'' means the zone established in Proclamation
5030 of March 10, 1983 (Exclusive Economic Zone of the
United States of America);
(e) ``Lead agency'' has the meaning given that term
in the regulations of the Council on Environmental
Quality, contained in title 40, Code of Federal
Regulations, that implement the procedural provisions
of the National Environmental Policy Act (NEPA) (42
U.S.C. 4321 et seq.);
(f) ``Maritime domain'' means all areas and things
of, on, under, relating to, adjacent to, or bordering
on a sea, ocean, or other navigable waterway, including
all maritime-related activities, infrastructure,
people, cargo, and vessels and other conveyances;
(g) ``Maritime domain awareness'' means the
effective understanding of anything associated with the
global maritime domain that could affect the security,
safety, economy, or environment of the United States;
and
(h) ``Project sponsor'' means an entity, including
any private, public, or public-private entity, that
seeks an authorization for an aquaculture project.
Sec. 4. Removing Barriers to American Fishing. (a) The
Secretary of Commerce shall request each Regional
Fishery Management Council to submit, within 180 days
of the date of this order, a prioritized list of
recommended actions to reduce burdens on domestic
fishing and to increase production within sustainable
fisheries, including a proposal for initiating each
recommended action within 1 year of the date of this
order.
(i) Recommended actions may include changes to regulations, orders,
guidance documents, or other similar agency actions.
(ii) Recommended actions shall be consistent with the requirements of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.); the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); the
Marine Mammal Protection Act (16 U.S.C. 1361 et seq.); and other applicable
laws.
(iii) Consistent with section 302(f) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(f)), and within existing
appropriations, the Secretary of Commerce shall provide administrative and
technical support to the Regional Fishery Management Councils to carry out
this subsection.
(b) The Secretary of Commerce shall review and, as
appropriate and to the extent permitted by law, update
the Department of Commerce's contribution to the
Unified Regulatory Agenda based on an evaluation of the
lists received pursuant to subsection (a) of this
section.
(c) Within 1 year of the date of this order, the
Secretary of Commerce shall submit to the Director of
the Office of Management and Budget, the Assistant to
the President for Economic Policy, the Assistant to the
President for Domestic Policy, and the Chair of the
Council on Environmental Quality a report evaluating
the recommendations described in subsection (a) of this
section and describing any actions taken to implement
those recommendations. This report shall be updated
annually for the following 2 years.
Sec. 5. Combating Illegal, Unreported, and Unregulated
Fishing. (a) Within 90 days of the date of this order,
the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration (NOAA), shall issue, as appropriate and
consistent with applicable law, a notice of proposed
rulemaking further implementing the United Nations Food
and Agriculture Organization Agreement on Port State
Measures to Prevent, Deter, and Eliminate Illegal,
Unreported, and Unregulated Fishing, which entered into
force on June 5, 2016 (the Port State Measures
Agreement).
[[Page 28473]]
(b) The Secretary of State, the Secretary of
Commerce, the Secretary of Homeland Security, and the
heads of other appropriate executive departments and
agencies (agencies) shall, to the extent permitted by
law, encourage public-private partnerships and promote
interagency, intergovernmental, and international
cooperation in order to improve global maritime domain
awareness, cooperation concerning at-sea transshipment
activities, and the effectiveness of fisheries law
enforcement.
(c) The Secretary of State, the Secretary of
Commerce, the Secretary of Health and Human Services,
and the Secretary of Homeland Security shall,
consistent with applicable law and available
appropriations, prioritize training and technical
assistance in key geographic areas to promote
sustainable fisheries management; to strengthen and
enhance existing enforcement capabilities to combat
illegal, unreported, and unregulated fishing; and to
promote implementation of the Port State Measures
Agreement.
Sec. 6. Removing Barriers to Aquaculture Permitting.
(a) For aquaculture projects that require environmental
review or authorization by two or more agencies in
order to proceed with the permitting of an aquaculture
facility, when the lead agency has determined that it
will prepare an environmental impact statement (EIS)
under NEPA, the agencies shall undertake to complete
all environmental reviews and authorization decisions
within 2 years, measured from the date of the
publication of a notice of intent to prepare an EIS to
the date of issuance of the Record of Decision (ROD),
and shall use the ``One Federal Decision'' process
enhancements described in section 5(b) of Executive
Order 13807 of August 15, 2017 (Establishing Discipline
and Accountability in the Environmental Review and
Permitting Process for Infrastructure Projects), and in
subsections (a)(ii) and (iii) of this section. For such
projects:
(i) NOAA is designated as the lead agency for aquaculture projects located
outside of the waters of any State or Territory and within the exclusive
economic zone of the United States and shall be responsible for navigating
the project through the Federal environmental review and authorization
process, including the identification of a primary point of contact at each
cooperating and participating agency;
(ii) Consistent with the ``One Federal Decision'' process enhancements, all
cooperating and participating agencies shall cooperate with the lead agency
and shall respond to requests for information from the lead agency in a
timely manner;
(iii) Consistent with the ``One Federal Decision'' process enhancements,
the lead agency and all cooperating and participating agencies shall record
all individual agency decisions in one ROD, unless the project sponsor
requests that agencies issue separate NEPA documents, the NEPA obligations
of a cooperating or participating agency have already been satisfied, or
the lead agency determines that a single ROD would not best promote
completion of the project's environmental review and authorization process;
and
(iv) The lead agency, in consultation with the project sponsor and all
cooperating and participating agencies, shall prepare a permitting
timetable for the project that includes the completion dates for all
federally required environmental reviews and authorizations and for
issuance of a ROD, and shall make the permitting timetable publicly
available on its website.
(b) Within 90 days of the date of this order, the
Secretary of the Army, acting through the Assistant
Secretary of the Army for Civil Works, in consultation
with the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary
of Homeland Security, the Administrator of the
Environmental Protection Agency, other appropriate
Federal officials, and appropriate State officials,
shall:
[[Page 28474]]
(i) develop and propose for public comment, as appropriate and consistent
with applicable law, a proposed United States Army Corps of Engineers
nationwide permit authorizing finfish aquaculture activities in marine and
coastal waters out to the limit of the territorial sea and in ocean waters
beyond the territorial sea within the exclusive economic zone of the United
States;
(ii) assess whether to develop a United States Army Corps of Engineers
nationwide permit authorizing finfish aquaculture activities in other
waters of the United States;
(iii) develop and propose for public comment, as appropriate and consistent
with applicable law, a proposed United States Army Corps of Engineers
nationwide permit authorizing seaweed aquaculture activities in marine and
coastal waters out to the limit of the territorial sea and in ocean waters
beyond the territorial sea within the exclusive economic zone of the United
States;
(iv) assess whether to develop a United States Army Corps of Engineers
nationwide permit authorizing seaweed aquaculture activities for other
waters of the United States;
(v) develop and propose for public comment, as appropriate and consistent
with applicable law, a proposed United States Army Corps of Engineers
nationwide permit authorizing multi-species aquaculture activities in
marine and coastal waters out to the limit of the territorial sea and in
ocean waters beyond the territorial sea within the exclusive economic zone
of the United States; and
(vi) assess whether to develop a United States Army Corps of Engineers
nationwide permit authorizing multi-species aquaculture activities for
other waters of the United States.
Sec. 7. Aquaculture Opportunity Areas. (a) The
Secretary of Commerce, in consultation with the
Secretary of Defense, the Secretary of the Interior,
the Secretary of Agriculture, the Secretary of Homeland
Security, the Administrator of the Environmental
Protection Agency, other appropriate Federal officials,
and appropriate Regional Fishery Management Councils,
and in coordination with appropriate State and tribal
governments, shall:
(i) within 1 year of the date of this order, identify at least two
geographic areas containing locations suitable for commercial aquaculture
and, within 2 years of identifying each area, complete a programmatic EIS
for each area to assess the impact of siting aquaculture facilities there;
and
(ii) for each of the following 4 years, identify two additional geographic
areas containing locations suitable for commercial aquaculture and, within
2 years of identifying each area, complete a programmatic EIS for each area
to assess the impact of siting aquaculture facilities there.
(b) A programmatic EIS completed pursuant to
subsection (a) of this section may include the
identification of suitable species for aquaculture in
those particular locations, suitable gear for
aquaculture in such locations, and suitable reporting
requirements for owners and operators of aquaculture
facilities in such locations.
(c) In identifying specific geographic areas under
subsection (a) of this section, the Secretary of
Commerce shall solicit and consider public comment and
seek to minimize unnecessary resource use conflicts as
appropriate, including conflicts with military
readiness activities or operations; navigation;
shipping lanes; commercial and recreational fishing;
oil, gas, renewable energy, or other marine mineral
exploration and development; essential fish habitats,
under the Magnuson-Stevens Fishery Conservation and
Management Act; and species protected under the
Endangered Species Act of 1973 or the Marine Mammal
Protection Act.
[[Page 28475]]
Sec. 8. Improving Regulatory Transparency for
Aquaculture. (a) Within 240 days of the date of this
order, the Secretary of Commerce, in consultation with
other appropriate Federal and State officials, shall
prepare and place prominently on the appropriate NOAA
web page a single guidance document that:
(i) describes the Federal regulatory requirements and relevant Federal and
State agencies involved in aquaculture permitting and operations; and
(ii) identifies Federal grant programs applicable to aquaculture siting,
research, development, and operations.
(b) The Secretary of Commerce, acting through the
Administrator of NOAA, shall update this guidance as
appropriate, but not less than once every 18 months.
Sec. 9. Updating National Aquaculture Development Plan.
(a) Within 180 days of the date of this order, the
Secretary of the Interior, the Secretary of
Agriculture, and the Secretary of Commerce, in
consultation with the Joint Subcommittee on
Aquaculture, established pursuant to the National
Aquaculture Act of 1980 (16 U.S.C. 2801 et seq.), shall
assess whether to revise the National Aquaculture
Development Plan, consistent with 16 U.S.C. 2803(a)(2)
and (d), in order to strengthen our Nation's domestic
aquaculture production and improve the efficiency and
predictability of aquaculture permitting, including
permitting for aquaculture projects located outside of
the waters of any State or Territory and within the
exclusive economic zone of the United States.
(b) In making any revisions to the National
Aquaculture Development Plan as a result of this
assessment, the Secretary of the Interior, the
Secretary of Agriculture, and the Secretary of Commerce
shall, as appropriate:
(i) include the elements described at 16 U.S.C. 2803(b) and (c) and the
appropriate determinations described at 16 U.S.C. 2803(d);
(ii) include programs to analyze, and formulate proposed resolutions of,
the legal or regulatory constraints that may affect aquaculture, including
any impediments to establishing security of tenure--that is, use rights
with a specified duration tied to a particular location--for aquaculture
operators, owners, and investors; and
(iii) consider whether to include a permitting framework, including a
delineation of agency responsibilities for permitting and associated agency
operations, consistent with section 6 of this order and with the ``One
Federal Decision'' Framework Memorandum issued on March 20, 2018, by the
Office of Management and Budget and the Council on Environmental Quality,
pursuant to Executive Order 13807.
(c) The Secretary of the Interior, the Secretary of
Agriculture, and the Secretary of Commerce, in
consultation with the Subcommittee on Aquaculture,
shall subsequently assess, not less than once every 3
years, whether to revise the National Aquaculture
Development Plan, as appropriate and consistent with 16
U.S.C. 2803(d) and (e). If the Secretary of the
Interior, the Secretary of Agriculture, and the
Secretary of Commerce decide not to revise the National
Aquaculture Development Plan, they shall within 15 days
of such decision submit to the Assistant to the
President for Economic Policy and the Assistant to the
President for Domestic Policy a report explaining their
reasoning.
Sec. 10. Promoting Aquatic Animal Health. (a) Within 30
days of the date of this order, the Secretary of
Agriculture, in consultation with the Secretary of the
Interior, the Secretary of Commerce, other appropriate
Federal officials, and States, as appropriate, shall
consider whether to terminate the 2008 National Aquatic
Animal Health Plan and to replace it with a new
National Aquatic Animal Health Plan.
(b) Any new National Aquatic Animal Health Plan
shall be completed, consistent with applicable law,
within 180 days of the date of this order.
(c) Any new National Aquatic Animal Health Plan
shall include additional information about aquaculture,
including aquaculture projects located outside
[[Page 28476]]
of the waters of any State or Territory and within the
exclusive economic zone of the United States, and shall
incorporate risk-based management strategies as
appropriate.
(d) If adopted, the Plan described in subsections
(b) and (c) of this section shall subsequently be
updated, as appropriate, but not less than once every 2
years, by the Secretary of Agriculture, in consultation
with the Secretary of the Interior, the Secretary of
Commerce, other appropriate Federal officials, and
States, as appropriate.
Sec. 11. International Seafood Trade. (a) In
furtherance of fair and reciprocal trade in seafood
products, within 30 days of the date of this order, the
Secretary of Commerce shall establish an Interagency
Seafood Trade Task Force (Seafood Trade Task Force) to
be co-chaired by the Secretary of Commerce and the
United States Trade Representative (Co-Chairs), or
their designees. The Secretary of Commerce shall, to
the extent permitted by law and within existing
appropriations, provide administrative support and
funding for the Seafood Trade Task Force.
(b) In addition to the Co-Chairs, the Seafood Trade
Task Force shall include the following members, or
their designees:
(i) the Secretary of State;
(ii) the Secretary of the Interior;
(iii) the Secretary of Agriculture;
(iv) the Secretary of Homeland Security;
(v) the Director of the Office of Management and Budget;
(vi) the Assistant to the President for Economic Policy;
(vii) the Assistant to the President for Domestic Policy;
(viii) the Chairman of the Council of Economic Advisers;
(ix) the Under Secretary of Commerce for International Trade;
(x) the Commissioner of Food and Drugs;
(xi) the Administrator of NOAA; and
(xii) the heads of such other agencies and offices as the Co-Chairs may
designate.
(c) Within 90 days of the date of this order, the
Seafood Trade Task Force shall provide recommendations
to the Office of the United States Trade Representative
in the preparation of a comprehensive interagency
seafood trade strategy that identifies opportunities to
improve access to foreign markets through trade policy
and negotiations, resolves technical barriers to United
States seafood exports, and otherwise supports fair
market access for United States seafood products.
(d) Within 90 days of the date on which the Seafood
Trade Task Force provides the recommendations described
in subsection (c) of this section, the Office of the
United States Trade Representative, in consultation
with the Trade Policy Staff Committee and the Seafood
Trade Task Force, shall submit to the President,
through the Assistant to the President for Economic
Policy and the Assistant to the President for Domestic
Policy, the comprehensive interagency seafood trade
strategy described in subsection (c) of this section.
Sec. 12. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) 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 consistent with
applicable law and subject to the availability of
appropriations.
[[Page 28477]]
(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.
(Presidential Sig.)
THE WHITE HOUSE,
May 7, 2020.
[FR Doc. 2020-10315
Filed 5-11-20; 11:15 am]
Billing code 3295-F0-P
