Executive Order 13921 · Signed May 7, 2020

85 FR 28471 · Published May 12, 2020 · Effective on signing

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Promoting American Seafood Competitiveness and Economic Growth

seafood industryaquaculturefishing regulationsenvironmental permittingtrade policy

Signed by President Donald Trump

Directs a coordinated federal effort to boost American seafood production and competitiveness by cutting regulatory red tape for fishermen and aquaculture operators, streamlining environmental permitting, and standing up a new interagency task force to address foreign trade barriers.

Establishes parallel tracks to combat illegal fishing globally and to identify offshore zones suitable for commercial fish farming, with most of the real-world impact depending on future agency rulemakings and plans set in motion by the order.

What this order does

What it orders

The order directs the Secretary of Commerce to collect burden-reduction recommendations from Regional Fishery Management Councils, designates NOAA as lead agency for offshore aquaculture permitting under a streamlined "One Federal Decision" process, and requires the Army Corps of Engineers to propose nationwide permits for finfish, seaweed, and multi-species aquaculture in marine and coastal waters. It requires NOAA to propose a rulemaking implementing the Port State Measures Agreement on illegal fishing, creates an Interagency Seafood Trade Task Force co-chaired by Commerce and the U.S. Trade Representative, and requires a comprehensive seafood trade strategy. It also directs identification of geographic "Aquaculture Opportunity Areas" with programmatic environmental reviews, a public guidance document on aquaculture permitting, and review of the National Aquaculture Development Plan and the 2008 National Aquatic Animal Health Plan.

The order does not itself deregulate or permit any specific project; all concrete changes depend on future rulemakings, plan revisions, and agency decisions the order sets in motion. Actions must be consistent with the Magnuson-Stevens Act, the Endangered Species Act, the Marine Mammal Protection Act, and other applicable laws.

Who it affects

American commercial fishermen, aquaculture operators and investors seeking offshore permits, seafood exporters facing foreign trade barriers, Regional Fishery Management Councils, federal agencies that jointly permit aquaculture projects, and coastal and tribal communities with interests in marine resource management.

Why it matters

Aquaculture companies and offshore fish farmers could face faster, more predictable permitting through a single lead agency and a two-year EIS target. Domestic fishermen may see relaxed regulations if councils' recommendations are adopted. Seafood exporters could gain better foreign market access if the trade strategy the task force develops produces results.

What must happen and when

How the order is supposed to work

The order runs on several parallel tracks with staggered deadlines. Fishing deregulation flows from councils to Commerce to OMB. Aquaculture permitting reform runs through NOAA as lead agency using the One Federal Decision framework, with Army Corps nationwide permit proposals adding a separate regulatory pathway. Trade policy runs through a new task force that feeds recommendations into a USTR-led strategy submitted to the President. The Aquaculture Opportunity Areas process unfolds over at least six years. No direct enforcement teeth exist; the order relies on reporting obligations back to White House policy offices to maintain accountability.

Actions and deadlines

  • Secretary of Agriculture considers whether to terminate 2008 National Aquatic Animal Health Plan and replace itWithin 30 days of signing
  • Secretary of Commerce establishes the Interagency Seafood Trade Task ForceWithin 30 days of signing
  • NOAA issues a notice of proposed rulemaking implementing the Port State Measures Agreement on illegal fishingWithin 90 days of signing
  • Army Corps of Engineers develops and proposes for public comment nationwide permits for finfish, seaweed, and multi-species aquaculture in marine and coastal watersWithin 90 days of signing
  • Seafood Trade Task Force provides trade recommendations to USTR for a comprehensive seafood trade strategyWithin 90 days of signing
  • USTR submits comprehensive interagency seafood trade strategy to the PresidentWithin 90 days of Seafood Trade Task Force recommendations
  • Regional Fishery Management Councils submit prioritized burden-reduction recommendations to Secretary of CommerceWithin 180 days of signing
  • Secretaries of Interior, Agriculture, and Commerce assess whether to revise the National Aquaculture Development PlanWithin 180 days of signing
  • New National Aquatic Animal Health Plan completed, if the decision is made to adopt oneWithin 180 days of signing
  • Secretary of Commerce places a single NOAA guidance document on aquaculture permitting requirements and federal grants prominently onlineWithin 240 days of signing
  • Secretary of Commerce submits report evaluating fishery burden-reduction recommendations and actions takenWithin 1 year of signing
  • Secretary of Commerce identifies at least two geographic Aquaculture Opportunity Areas suitable for commercial aquacultureWithin 1 year of signing
  • Secretary of Commerce completes a programmatic EIS for each of the first two identified Aquaculture Opportunity AreasWithin 2 years of identifying each area

Agencies directed to act

Department of CommerceNational Oceanic and Atmospheric AdministrationDepartment of StateDepartment of DefenseDepartment of the InteriorDepartment of AgricultureDepartment of Homeland SecurityEnvironmental Protection AgencyDepartment of the ArmyDepartment of Health and Human ServicesOffice of the United States Trade RepresentativeOffice of Management and BudgetCouncil on Environmental Quality

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Magnuson-Stevens Fishery Conservation and Management Act

Federal law governing sustainable management of U.S. fisheries and the regional council system.

National Aquaculture Act of 1980

Federal law establishing national policy and planning framework for aquaculture development.

National Environmental Policy Act

Federal law requiring environmental review before major federal actions affecting the environment.

Executive Order

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Executive Order 13921: Promoting American Seafood Competitiveness and Economic Growth | EO Reporter