Promoting American Seafood Competitiveness and Economic Growth

[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

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 By removing outdated and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;

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);

ivities 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

ated 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.

he

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.

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.

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, 20

n 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

ating 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;

e 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.

ing 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.

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]]

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

etary 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.

i) 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.

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.

sections

(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.

(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:

rough 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]

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