16 U.S.C. § 1801 — Findings, purposes and policy

Page 1991 TITLE 16—CONSERVATION § 1801 Sec. 1826k. Equivalent conservation measures. 1827. Observer program regarding certain foreign fishing. 1827a. Prohibition on sale of billfish. 1828. Foreign fishing incursions. 1829. International monitoring and compliance. SUBCHAPTER IV—NATIONAL FISHERY MANAGEMENT PROGRAM 1851. National standards for fishery conservation and management. 1852. Regional Fishery Management Councils. 1853. Contents of fishery management plans. 1853a. Limited access privilege programs. 1854. Action by Secretary. 1855. Other requirements and authority. 1856. State jurisdiction. 1857. Prohibited acts. 1858. Civil penalties and permit sanctions. 1859. Criminal offenses. 1860. Civil forfeitures. 1861. Enforcement. 1861a. Transition to sustainable fisheries. 1861b. Fisheries enforcement plans and reporting. 1862. North Pacific fisheries conservation. 1863. Northwest Atlantic Ocean Fisheries Reinvest- ment Program. 1864. Repealed. 1865. Bycatch reduction engineering program. 1866. Shark feeding. 1867. Cooperative research and management pro- gram. 1868. Herring study. 1869. Restoration study. SUBCHAPTER V—FISHERY MONITORING AND RESEARCH 1881. Registration and information management. 1881a. Information collection. 1881b. Observers. 1881c. Fisheries research. 1881d. Incidental harvest research. 1882. Fisheries systems research. 1883. Gulf of Mexico red snapper research. 1884. Deep sea coral research and technology pro- gram. 1885. Seafood import monitoring program. 1885a. Report on Seafood Import Monitoring Pro- gram. SUBCHAPTER VI—MISCELLANEOUS 1891. Investment in United States seafood proc- essing facilities. 1891a. Community-based restoration program for fishery and coastal habitats. 1891b. Fisheries Conservation and Management Fund. 1891c. United States catch history. 1891d. Secretarial representative for international fisheries. SUBCHAPTER I—GENERALLY § 1801. Findings, purposes and policy (a) Findings The Congress finds and declares the following: (1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural re- sources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities. (2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substan- tially reduced in number that they could be- come similarly threatened as a consequence of (A) increased fishing pressure, (B) the inad- equacy of fishery resource conservation and management practices and controls, or (C) di- rect and indirect habitat losses which have re- sulted in a diminished capacity to support ex- isting fishing levels. (3) Commercial and recreational fishing con- stitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-in- creasing rate over the past decade. The activi- ties of massive foreign fishing fleets in waters adjacent to such coastal areas have contrib- uted to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen. (4) International fishery agreements have not been effective in preventing or termi- nating the overfishing of these valuable fish- ery resources. There is danger that irrevers- ible effects from overfishing will take place before an effective international agreement on fishery management jurisdiction can be nego- tiated, signed, ratified, and implemented. (5) Fishery resources are finite but renew- able. If placed under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields on a continuing basis. (6) A national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild overfished stocks, to in- sure conservation, to facilitate long-term pro- tection of essential fish habitats, and to real- ize the full potential of the Nation’s fishery resources. (7) A national program for the development of fisheries which are underutilized or not uti- lized by the United States fishing industry, in- cluding bottom fish off Alaska, is necessary to assure that our citizens benefit from the em- ployment, food supply, and revenue which could be generated thereby. (8) The collection of reliable data is essential to the effective conservation, management, and scientific understanding of the fishery re- sources of the United States. (9) One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, es- tuarine, and other aquatic habitats. Habitat considerations should receive increased atten- tion for the conservation and management of fishery resources of the United States. (10) Pacific Insular Areas contain unique his- torical, cultural, legal, political, and geo- graphical circumstances which make fisheries resources important in sustaining their eco- nomic growth. (11) A number of the Fishery Management Councils have demonstrated significant Page 1992 TITLE 16—CONSERVATION § 1801 progress in integrating ecosystem consider- ations in fisheries management using the ex- isting authorities provided under this chapter. (12) International cooperation is necessary to address illegal, unreported, and unregulated fishing and other fishing practices which may harm the sustainability of living marine re- sources and disadvantage the United States fishing industry. (13) While both provide significant cultural and economic benefits to the Nation, rec- reational fishing and commercial fishing are different activities. Therefore, science-based conservation and management approaches should be adapted to the characteristics of each sector. (b) Purposes It is therefore declared to be the purposes of the Congress in this chapter— (1) to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anad- romous species and Continental Shelf fishery resources of the United States, by exercising (A) sovereign rights for the purposes of explor- ing, exploiting, conserving, and managing all fish, within the exclusive economic zone estab- lished by Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive fishery management authority beyond the exclusive economic zone over such anadromous species and Continental Shelf fishery resources; (2) to support and encourage the implemen- tation and enforcement of international fish- ery agreements for the conservation and man- agement of highly migratory species, and to encourage the negotiation and implementa- tion of additional such agreements as nec- essary; (3) to promote domestic commercial and rec- reational fishing under sound conservation and management principles, including the pro- motion of catch and release programs in rec- reational fishing; (4) to provide for the preparation and imple- mentation, in accordance with national stand- ards, of fishery management plans which will achieve and maintain, on a continuing basis, the optimum yield from each fishery; (5) to establish Regional Fishery Manage- ment Councils to exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of such plans under circumstances (A) which will enable the States, the fishing industry, con- sumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administra- tion of such plans, and (B) which take into ac- count the social and economic needs of the States; (6) to encourage the development by the United States fishing industry of fisheries which are currently underutilized or not uti- lized by United States fishermen, including bottom fish off Alaska, and to that end, to en- sure that optimum yield determinations pro- mote such development in a non-wasteful manner; and (7) to promote the protection of essential fish habitat in the review of projects con- ducted under Federal permits, licenses, or other authorities that affect or have the po- tential to affect such habitat. (c) Policy It is further declared to be the policy of the Congress in this chapter— (1) to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery re- sources, as provided for in this chapter; (2) to authorize no impediment to, or inter- ference with, recognized legitimate uses of the high seas, except as necessary for the con- servation and management of fishery re- sources, as provided for in this chapter; (3) to assure that the national fishery con- servation and management program utilizes, and is based upon, the best scientific informa- tion available; involves, and is responsive to the needs of, interested and affected States and citizens; considers efficiency; draws upon Federal, State, and academic capabilities in carrying out research, administration, man- agement, and enforcement; considers the ef- fects of fishing on immature fish and encour- ages development of practical measures that minimize bycatch and avoid unnecessary waste of fish; and is workable and effective; (4) to permit foreign fishing consistent with the provisions of this chapter; (5) to support and encourage active United States efforts to obtain internationally ac- ceptable agreements which provide for effec- tive conservation and management of fishery resources, and to secure agreements to regu- late fishing by vessels or persons beyond the exclusive economic zones of any nation; (6) to foster and maintain the diversity of fisheries in the United States; and (7) to ensure that the fishery resources adja- cent to a Pacific Insular Area, including resi- dent or migratory stocks within the exclusive economic zone adjacent to such areas, be ex- plored, developed, conserved, and managed for the benefit of the people of such area and of the United States. (Pub. L. 94–265, § 2, Apr. 13, 1976, 90 Stat. 331; Pub. L. 95–354, § 2, Aug. 28, 1978, 92 Stat. 519; Pub. L. 96–561, title II, § 233, Dec. 22, 1980, 94 Stat. 3299; Pub. L. 99–659, title I, § 101(c)(1), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101–627, title I, § 101, Nov. 28, 1990, 104 Stat. 4437; Pub. L. 102–251, title III, § 301(a), Mar. 9, 1992, 106 Stat. 62; Pub. L. 104–297, title I, § 101, Oct. 11, 1996, 110 Stat. 3560; Pub. L. 109–479, § 3(a), title IV, § 402, Jan. 12, 2007, 120 Stat. 3577, 3626; Pub. L. 115–405, § 2, Dec. 31, 2018, 132 Stat. 5355.) AMENDMENT OF SUBSECTION (b)(1) Pub. L. 102–251, title III, §§ 301(a), 308, Mar. 9, 1992, 106 Stat. 62, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet So- cialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe imple- menting regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force Page 1993 TITLE 16—CONSERVATION § 1801 for the United States, subsection (b)(1) is amended by inserting ‘‘, and fishery resources in the special areas’’ before the semicolon at the end. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(11), (b), and (c), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnu- son-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. Presidential Proclamation 5030, referred to in subsec. (b)(1), is set out under section 1453 of this title. AMENDMENTS 2018—Subsec. (a)(13). Pub. L. 115–405 added par. (13). 2007—Subsec. (a)(11). Pub. L. 109–479, § 3(a), added par. (11). Subsec. (a)(12). Pub. L. 109–479, § 402, added par. (12). 1996—Subsec. (a)(2). Pub. L. 104–297, § 101(1), added par. (2) and struck out former par. (2) which read as follows: ‘‘As a consequence of increased fishing pressure and be- cause of the inadequacy of fishery conservation and management practices and controls (A) certain stocks of such fish have been overfished to the point where their survival is threatened, and (B) other such stocks have been so substantially reduced in number that they could become similarly threatened.’’ Subsec. (a)(6). Pub. L. 104–297, § 101(2), inserted ‘‘to fa- cilitate long-term protection of essential fish habi- tats,’’ after ‘‘to insure conservation,’’. Subsec. (a)(9), (10). Pub. L. 104–297, § 101(3), added pars. (9) and (10). Subsec. (b)(3). Pub. L. 104–297, § 101(4), substituted ‘‘principles, including the promotion of catch and re- lease programs in recreational fishing’’ for ‘‘prin- ciples’’. Subsec. (b)(5). Pub. L. 104–297, § 101(5), struck out ‘‘and’’ after semicolon at end. Subsec. (b)(6). Pub. L. 104–297, § 101(6), substituted ‘‘development in a non-wasteful manner; and’’ for ‘‘de- velopment.’’ Subsec. (b)(7). Pub. L. 104–297, § 101(7), added par. (7). Subsec. (c)(3). Pub. L. 104–297, § 101(8), substituted ‘‘considers efficiency’’ for ‘‘promotes efficiency’’ and inserted ‘‘minimize bycatch and’’ after ‘‘practical measures that’’. Subsec. (c)(7). Pub. L. 104–297, § 101(9)–(11), added par. (7). 1990—Subsec. (a)(8). Pub. L. 101–627, § 101(a), added par. (8). Subsec. (b)(1)(A). Pub. L. 101–627, § 101(b)(1), struck out ‘‘except highly migratory species’’ after ‘‘fish’’. Subsec. (b)(5). Pub. L. 101–627, § 101(b)(2), substituted ‘‘exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and re- vision of’’ for ‘‘prepare, monitor, and revise’’. Subsec. (c)(3). Pub. L. 101–627, § 101(c)(1), inserted ‘‘considers the effects of fishing on immature fish and encourages development of practical measures that avoid unnecessary waste of fish;’’ after ‘‘and enforce- ment;’’. Subsec. (c)(5). Pub. L. 101–627, § 101(c)(3), substituted ‘‘, and to secure agreements to regulate fishing by ves- sels or persons beyond the exclusive economic zones of any nation; and’’ for period at end. Subsec. (c)(6). Pub. L. 101–627, § 101(c)(4), added par. (6). 1986—Subsec. (b)(1). Pub. L. 99–659, § 101(c)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘to take immediate action to con- serve and manage the fishery resources found off the coasts of the United States, and the anadromous spe- cies and Continental Shelf fishery resources of the United States, by establishing (A) a fishery conserva- tion zone within which the United States will assume exclusive fishery management authority over all fish, except highly migratory species, and (B) exclusive fish- ery management authority beyond such zone over such anadromous species and Continental Shelf fishery re- sources;’’. Subsec. (c)(5). Pub. L. 99–659, § 101(c)(1)(B), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘to support and encourage continued active United States efforts to obtain an internationally ac- ceptable treaty, at the Third United Nations Con- ference on the Law of the Sea, which provides for effec- tive conservation and management of fishery re- sources.’’ 1980—Subsec. (b)(6). Pub. L. 96–561 inserted ‘‘, and to that end, to ensure that optimum yield determinations promote such development’’ after ‘‘fish off Alaska’’. 1978—Subsec. (a)(7). Pub. L. 95–354, § 2(a), substituted ‘‘the United States fishing industry’’ for ‘‘United States fishermen’’. Subsec. (b)(6). Pub. L. 95–354, § 2(b), inserted require- ment for development by the United States fishing in- dustry. REFERENCES TO MAGNUSON-STEVENS FISHERY CONSERVA- TION AND MANAGEMENT ACT CONSIDERED TO INCLUDE SECTION 401(a) OF PUB. L. 108–219 References to the Magnuson-Stevens Fishery Con- servation and Management Act or any provision of that Act considered to be references to that Act as it would be in effect if section 401(a) of Pub. L. 108–219 were a provision of that Act, see section 401(c)(1) of Pub. L. 108–219, set out in an Implementation of Pacific Alba- core Tuna Treaty note under section 1821 of this title. REFERENCES TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT REDESIGNATED AS REFERENCES TO MAGNUSON-STEVENS FISHERY CONSERVATION AND MAN- AGEMENT ACT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that: ‘‘Effective 15 days after the enactment of the Sus- tainable Fisheries Act [Pub. L. 104–297, enacted Oct. 11, 1996], all references to the Magnuson Fishery Conserva- tion and Management Act [see Short Title note below] shall be redesignated as references to the Magnuson- Stevens Fishery Conservation and Management Act.’’ REFERENCES TO FISHERY CONSERVATION AND MANAGE- MENT ACT OF 1976 REDESIGNATED AS REFERENCES TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that: ‘‘Effective 15 days after the date of enactment of this title [Dec. 22, 1980], all references to the Fishery Conservation and Management Act of 1976 [see Short title note below] shall be redesignated as ref- erences to the Magnuson Fishery Conservation and Management Act.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title. SHORT TITLE OF 2025 AMENDMENT Pub. L. 118–229, § 1, Jan. 4, 2025, 138 Stat. 2824, provided that: ‘‘This Act [amending section 1861a of this title] may be cited as the ‘Fishery Improvement to Stream- line untimely regulatory Hurdles post Emergency Situ- ation Act’ or the ‘FISHES Act’.’’ Page 1994 TITLE 16—CONSERVATION § 1801 SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–328, div. S, title I, § 101, Dec. 29, 2022, 136 Stat. 5259, provided that: ‘‘This title [amending sec- tions 1802, 1826, and 1857 of this title and enacting provi- sions set out as a note under section 1862 of this title] may be cited as the ‘Driftnet Modernization and By- catch Reduction Act’.’’ Pub. L. 117–328, div. S, title II, § 201, Dec. 29, 2022, 136 Stat. 5261, provided that: ‘‘This title [amending sec- tions 1822, 1826, 1826h, and 1861a of this title and section 632 of Title 15, Commerce and Trade, repealing sections 1864 and 4107 of this title, enacting provisions set out as a note under section 1861a of this title, and amending provisions set out as a note under section 460ss of this title] may be cited as the ‘Fishery Resource Disasters Improvement Act’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 116–340, § 1, Jan. 13, 2021, 134 Stat. 5128, pro- vided that: ‘‘This Act [enacting section 1870 of this title, amending section 1858 of this title, repealing sec- tion 1870 of this title, and enacting provisions set out as notes under sections 1858 and 1865 of this title] may be cited as the ‘Direct Enhancement of Snapper Con- servation and the Economy through Novel Devices Act of 2020’ or the ‘DESCEND Act of 2020’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–405, § 1(a), Dec. 31, 2018, 132 Stat. 5355, pro- vided that: ‘‘This Act [amending this section and sec- tions 1852, 1881, and 1881c of this title, and enacting pro- visions set out as notes under this section and sections 1852 and 1881 of this title] may be cited as the ‘Modern- izing Recreational Fisheries Management Act of 2018’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–81, § 1, Nov. 5, 2015, 129 Stat. 649, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Illegal, Unreported, and Unregulated Fish- ing Enforcement Act of 2015’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–183, § 1, Oct. 5, 2012, 126 Stat. 1422, provided that: ‘‘This Act [enacting section 1827a of this title and provisions set out as a note under section 1827a of this title] may be cited as the ‘Billfish Conservation Act of 2012’.’’ SHORT TITLE OF 2011 AMENDMENT Pub. L. 111–348, title I, § 101, Jan. 4, 2011, 124 Stat. 3668, provided that: ‘‘This title [amending sections 1826i to 1826k, 1857, and 4107 of this title and enacting provisions set out as notes under sections 1826k and 1857 of this title] may be cited as the ‘Shark Conservation Act of 2010’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 109–479, § 1(a), Jan. 12, 2007, 120 Stat. 3575, pro- vided that: ‘‘This Act [enacting chapters 88 and 89 of this title, chapter 45 of Title 33, Navigation and Navi- gable Waters, subchapters VI of chapter 31 and of chap- ter 38 of this title, sections 1826h to 1826k, 1829, 1853a, 1864 to 1869, and 1884 of this title, amending this sec- tion, sections 757d, 773f, 773g, 971a, 971h, 971i, 1377, 1802, 1803, 1812, 1821, 1824, 1826a, 1826b, 1851 to 1853, 1854, 1855, 1857, 1861, 1861a, 1862, 1881, 1881a, 1881c, 1882, 1883, 3645, 4107, 5156, 5610, and 5727 of this title, and section 53706 of Title 46, Shipping, enacting provisions set out as notes under sections 460ss, 1361, 1853 to 1855, 1861a, 1864, 6901, and 7001 of this title and section 3201 of Title 33, and amending provisions set out as notes under sec- tions 1822, 1851, 1855, and 1856 of this title] may be cited as the ‘Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–297, § 1(a), Oct. 11, 1996, 110 Stat. 3559, pro- vided that: ‘‘This Act [enacting sections 1803, 1861a, 1881 to 1881d, 1883, 5107a, and 5107b of this title and sections 1279f and 1279g of Title 46, Appendix, Shipping, amend- ing this section, sections 757d, 1362, 1802, 1812, 1821 to 1824, 1826, 1851 to 1858, 1860, 1861, 1862, 1863, 1882, 1883, 4107, 5102, 5103, and 5108 of this title, section 713c–3 of Title 15, Commerce and Trade, and section 1274 of Title 46, Appendix, enacting provisions set out as notes under sections 1802, 1853 to 1856, 1861a, and 1881c of this title and section 1245 of Title 46, Appendix, amending provi- sions set out as a note under section 971c of this title, and repealing provisions set out as a note under section 1851 of this title] may be cited as the ‘Sustainable Fish- eries Act’.’’ SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–43, title VI, § 601, Nov. 3, 1995, 109 Stat. 391, provided that: ‘‘This title [enacting sections 1826d to 1826g of this title and provisions set out as a note under section 1826d of this title] may be cited as the ‘High Seas Driftnet Fishing Moratorium Protection Act’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–582, § 1, Nov. 2, 1992, 106 Stat. 4900, pro- vided that: ‘‘This Act [enacting sections 1826a to 1826c of this title and section 1707a of Title 46, Appendix, Shipping, amending sections 1362, 1371, 1852, and 1862 of this title, section 1978 of Title 22, Foreign Relations and Intercourse, and section 2110 of Title 46, repealing section 1111c of Title 46, Appendix, and enacting provi- sions set out as notes under sections 1823, 1826a, and 1861 of this title and section 2110 of Title 46] may be cited as the ‘High Seas Driftnet Fisheries Enforcement Act’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–627, § 1(a), Nov. 28, 1990, 104 Stat. 4436, pro- vided that: ‘‘The Act [enacting sections 971b–1, 1385, and 1862 of this title, amending this section, sections 757d, 758e–5, 971a, 971b, 971d, 971h, 1371, 1802, 1811, 1812, 1821, 1822, 1824 to 1826, 1852 to 1861, 1882, 4005, 4006, 4008, 4103, and 4107 of this title, section 713c–3 of Title 15, Com- merce and Trade, and section 1977 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as notes under sections 971a, 1373, 1802, 1812, 1822, 1825, 1854, 4004, and 4005 of this title] may be cited as the ‘Fishery Conservation Amendments of 1990’.’’ SHORT TITLE OF 1987 AMENDMENT Pub. L. 100–220, § 1, Dec. 29, 1987, 101 Stat. 1458, pro- vided that: ‘‘This Act [enacting section 1912 of Title 33, Navigation and Navigable Waters, amending sections 1121 to 1131, 1901 to 1903, 1905, and 1907 to 1909 of Title 33, and enacting provisions set out as notes under this section, sections 1822 and 1823 of this title, sections 883a, 1121, 1125, 1901, 1902, and 2267 of Title 33, and sec- tion 6981 of Title 42, The Public Health and Welfare] may be cited as the ‘United States-Japan Fishery Agreement Approval Act of 1987’.’’ SHORT TITLE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 201, Dec. 22, 1980, 94 Stat. 3287, provided that: ‘‘This title [enacting section 1511b of Title 15, Commerce and Trade, amending sections 917, 1801, 1821, 1824, 1852, and 1855 of this title, section 713c–3 of Title 15, sections 1972 and 1980 of Title 22, Foreign Relations and Intercourse, section 1321 of Title 33, Navigation and Navigable Waters, section 1843 of Title 43, Public Lands, and sections 1271, 1273, 1274, and 1275 of Title 46, Appendix, Shipping, and enacting provisions set out as notes under this section, sections 742c, 1821, and 1824 of this title, and section 1980 of Title 22] may be cited as the ‘American Fisheries Promotion Act’.’’ SHORT TITLE OF 1977 AMENDMENT Pub. L. 95–6, § 1, Feb. 21, 1977, 91 Stat. 14, provided: ‘‘That this joint resolution [enacting section 1826 of this title, repealing sections 981 to 991 of this title, and enacting provisions set out as notes under sections 981 Page 1995 TITLE 16—CONSERVATION § 1801 and 1823 of this title] may be cited as the ‘Fishery Con- servation Zone Transition Act’.’’ SHORT TITLE Pub. L. 94–265, § 1, Apr. 13, 1976, 90 Stat. 331, as amend- ed by Pub. L. 96–561, title II, § 238(a), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(a)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, pro- vided: ‘‘That this Act [enacting this chapter, amending section 971 of this title and sections 1972 and 1973 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this section and sec- tions 971, 1362, 1857 of this title, and sections 1972 and 1973 of Title 22, and repealing chapters 21 and 21A of this title] may be cited as the ‘Magnuson-Stevens Fish- ery Conservation and Management Act’.’’ [Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(a)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by section 101(a) [§ 211(a)] to section 1 of Pub. L. 94–265, set out above, is effective 15 days after Oct. 11, 1996.] [Pub. L. 96–561, title II, § 238(a), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by section 238(a) to section 1 of Pub. L. 94–265, set out above, is ef- fective 15 days after Dec. 22, 1980.] CONSTRUCTION Pub. L. 115–405, § 301, Dec. 31, 2018, 132 Stat. 5360, pro- vided that: ‘‘Nothing in this Act [see Short Title of 2018 Amendment note above] shall be construed as modi- fying the requirements of sections [sic] 301(a), 302(h)(6), 303(a)(15), or 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a), 1852(h)(6), 1853(a)(15), and 1854(e)), or the equal applica- tion of such requirements and other standards and re- quirements under the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1801 et seq.) to commercial, charter, and recreational fisheries, in- cluding each component of mixed-use fisheries.’’ [For definition of ‘‘mixed-use fishery’’ as used in sec- tion 301 of Pub. L. 115–405, set out above, see section 3 of Pub. L. 115–405, set out below]. SPORT FISHING AND BOATING PARTNERSHIP COUNCIL Pub. L. 117–58, div. B, title VIII, § 28001(d), Nov. 15, 2021, 135 Stat. 889, provided that: ‘‘(1) IN GENERAL.—The Sport Fishing and Boating Partnership Council established by the Secretary of the Interior shall be an advisory committee of the Depart- ment of the Interior and the Department of Commerce subject to the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.]. ‘‘(2) FACA.— The Secretary of the Interior and the Secretary of Commerce shall jointly carry out the re- quirements of the Federal Advisory Committee Act ([former] 5 U.S.C. App.) with respect to the Sport Fish- ing and Boating Partnership Council described in para- graph (1). ‘‘(3) EFFECTIVE DATE.—This subsection shall take ef- fect on January 1, 2023.’’ DEFINITIONS Pub. L. 115–405, § 3, Dec. 31, 2018, 132 Stat. 5355, pro- vided that: ‘‘In this Act [see Short Title of 2018 Amendment note above]: ‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Commerce, Science, and Transportation of the Senate; and ‘‘(B) the Committee on Natural Resources of the House of Representatives. ‘‘(2) COUNCIL.—The term ‘Council’ means any Re- gional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852). ‘‘(3) LIMITED ACCESS PRIVILEGE PROGRAM.—The term ‘limited access privilege program’ means a program that meets the requirements of section 303A of the Magnuson-Stevens Fishery Conservation and Man- agement Act (16 U.S.C. 1853a). ‘‘(4) MIXED-USE FISHERY.—The term ‘mixed-use fish- ery’ means a Federal fishery in which 2 or more of the following occur: ‘‘(A) Recreational fishing. ‘‘(B) Charter fishing. ‘‘(C) Commercial fishing.’’ Executive Documents EX. ORD. NO. 12962. RECREATIONAL FISHERIES Ex. Ord. No. 12962, June 7, 1995, 60 F.R. 30769, as amended by Ex. Ord. No. 13474, Sept. 26, 2008, 73 F.R. 57229, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in furtherance of the purposes of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a–d, and e–j), the Fish and Wildlife Coordination Act (16 U.S.C. 661–666c [666c–1]), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the National Marine Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–ee), the National Park Service Organic Act ([former] 16 U.S.C. 1 et seq.) [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101], the National Historic Preservation Act ([former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.], [the] Wilderness Act (16 U.S.C. 1131 et seq.), the Magnuson-Stevens Fishery Conservation and Manage- ment Act (16 U.S.C. 1801 et seq.), the Coastal Zone Man- agement Act [of 1972] (16 U.S.C. 1451 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and other pertinent statutes, and in order to conserve, re- store, and enhance aquatic systems to provide for in- creased recreational fishing opportunities nationwide, it is ordered as follows: SECTION 1. Federal Agency Duties. Federal agencies shall, to the extent permitted by law and where prac- ticable, and in cooperation with States and Tribes, im- prove the quantity, function, sustainable productivity, and distribution of U.S. aquatic resources for increased recreational fishing opportunities by: (a) developing and encouraging partnerships between governments and the private sector to advance aquatic resource con- servation and enhance recreational fishing opportuni- ties; (b) identifying recreational fishing opportunities that are limited by water quality and habitat degradation and promoting restoration to support viable, healthy, and, where feasible, self-sustaining recreational fish- eries; (c) fostering sound aquatic conservation and restora- tion endeavors to benefit recreational fisheries; (d) ensuring that recreational fishing shall be man- aged as a sustainable activity in national wildlife ref- uges, national parks, national monuments, national marine sanctuaries, marine protected areas, or any other relevant conservation or management areas or activities under any Federal authority, consistent with applicable law; (e) providing access to and promoting awareness of opportunities for public participation and enjoyment of U.S. recreational fishery resources; (f) supporting outreach programs designed to stimu- late angler participation in the conservation and res- toration of aquatic systems; (g) implementing laws under their purview in a man- ner that will conserve, restore, and enhance aquatic systems that support recreational fisheries; (h) establishing cost-share programs, under existing authorities, that match or exceed Federal funds with nonfederal contributions; (i) evaluating the effects of Federally funded, per- mitted, or authorized actions on aquatic systems and recreational fisheries and document those effects rel- ative to the purpose of this order; and (j) assisting private landowners to conserve and en- hance aquatic resources on their lands. Page 1996 TITLE 16—CONSERVATION § 1801 SEC. 2. National Recreational Fisheries Coordination Council. A National Recreational Fisheries Coordina- tion Council (‘‘Coordination Council’’) is hereby estab- lished. The Coordination Council shall consist of seven members, one member designated by each of the fol- lowing Secretaries—Interior, Commerce, Agriculture, Energy, Transportation, and Defense—and one by the Administrator of the Environmental Protection Agen- cy. The Coordination Council shall: (a) ensure that the social and economic values of healthy aquatic systems that support recreational fisheries are considered by Federal agencies in the course of their actions; (b) reduce duplicative and cost-inefficient programs among Federal agencies involved in conserving or man- aging recreational fisheries; (c) share the latest resource information and manage- ment technologies to assist in the conservation and management of recreational fisheries; (d) assess the implementation of the Conservation Plan required under section 3 of this order; and (e) develop a biennial report of accomplishments of the Conservation Plan. The representatives designated by the Secretaries of Commerce and the Interior shall cochair the Coordina- tion Council. SEC. 3. Recreational Fishery Resources Conservation Plan. (a) Within 12 months of the date of this order, the Coordination Council, in cooperation with Federal agencies, States, and Tribes, and after consulting with the Federally chartered Sport Fishing and Boating Partnership Council, shall develop a comprehensive Recreational Fishery Resources Conservation Plan (‘‘Conservation Plan’’). (b) The Conservation Plan will set forth a 5-year agenda for Federal agencies identified by the Coordina- tion Council. In so doing, the Conservation Plan will establish, to the extent permitted by law and where practicable; (1) measurable objectives to conserve and restore aquatic systems that support viable and healthy recreational fishery resources, (2) actions to be taken by the identified Federal agencies, (3) a method of ensuring the accountability of such Federal agen- cies, and (4) a comprehensive mechanism to evaluate achievements. The Conservation Plan will, to the ex- tent practicable, be integrated with existing plans and programs, reduce duplication, and will include rec- ommended actions for cooperation with States, Tribes, conservation groups, and the recreational fisheries community. SEC. 4. Joint Policy for Administering the Endangered Species Act of 1973. All Federal agencies will aggres- sively work to identify and minimize conflicts between recreational fisheries and their respective responsibil- ities under the Endangered Species Act of 1973 (‘‘ESA’’) (16 U.S.C. 1531 et seq.). Within 6 months of the date of this order, the Fish and Wildlife Service and the Na- tional Marine Fisheries Service will promote compat- ibility and reduce conflicts between the administration of the ESA and recreational fisheries by developing a joint agency policy that will; (1) ensure consistency in the administration of the ESA between and within the two agencies, (2) promote collaboration with other Fed- eral, State, and Tribal fisheries managers, and (3) im- prove and increase efforts to inform nonfederal entities of the requirements of the ESA. SEC. 5. Sport Fishing and Boating Partnership Council. To assist in the implementation of this order, the Sec- retary of the Interior shall expand the role of the Sport Fishing and Boating Partnership Council to: (a) mon- itor specific Federal activities affecting aquatic sys- tems and the recreational fisheries they support; (b) review and evaluate the relation of Federal poli- cies and activities to the status and conditions of rec- reational fishery resources; and (c) prepare an annual report of its activities, findings, and recommendations for submission to the Coordina- tion Council. SEC. 6. Judicial Review. This order is intended only to improve the internal management of the executive branch and it is not intended to create any right, ben- efit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any other person. EX. ORD. NO. 13921. PROMOTING AMERICAN SEAFOOD COMPETITIVENESS AND ECONOMIC GROWTH Ex. Ord. No. 13921, May 7, 2020, 85 F.R. 28471, provided: 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 in- dustry; ensure food security; provide environmentally safe and sustainable seafood; support American work- ers; 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 com- petitive seafood industry to create and sustain Amer- ican jobs, put safe and healthy food on American ta- bles, 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, unre- ported, and unregulated fishing undermines the sus- tainability of American and global seafood stocks, neg- atively 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 addi- tional streamlining of fishery regulations have the po- tential to revolutionize American seafood production, enhance rural prosperity, and improve the quality of American lives. By removing outdated and unneces- sarily burdensome regulations; strengthening efforts to combat illegal, unreported, and unregulated fishing; improving the transparency and efficiency of environ- mental 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 Govern- ment to: (a) identify and remove unnecessary regulatory bar- riers restricting American fishermen and aquaculture producers; (b) combat illegal, unreported, and unregulated fish- ing; (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 prod- ucts; 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 se- lected environments; (b) ‘‘Aquaculture facility’’ means any land, structure, or other appurtenance that is used for aquaculture; (c) ‘‘Aquaculture project’’ means a project to develop the physical assets designed to provide or support serv- ices 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) [16 U.S.C. 1453 note]; (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 Regula- tions, that implement the procedural provisions of the Page 1997 TITLE 16—CONSERVATION § 1801 National Environmental Policy Act [of 1969] (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 effec- tive 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 [May 7, 2020], a prioritized list of recommended actions to reduce burdens on do- mestic fishing and to increase production within sus- tainable 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 reg- ulations, 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 [of 1972] (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 Manage- ment 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 sec- tion. (c) Within 1 year of the date of this order, the Sec- retary 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 Adminis- trator of the National Oceanic and Atmospheric Ad- ministration (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 Ille- gal, Unreported, and Unregulated Fishing, which en- tered into force on June 5, 2016 (the Port State Meas- ures Agreement). (b) The Secretary of State, the Secretary of Com- merce, 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 pro- mote interagency, intergovernmental, and inter- national cooperation in order to improve global mari- time domain awareness, cooperation concerning at-sea transshipment activities, and the effectiveness of fish- eries law enforcement. (c) The Secretary of State, the Secretary of Com- merce, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall, con- sistent with applicable law and available appropria- tions, prioritize training and technical assistance in key geographic areas to promote sustainable fisheries management; to strengthen and enhance existing en- forcement capabilities to combat illegal, unreported, and unregulated fishing; and to promote implementa- tion 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 publica- tion 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 Au- gust 15, 2017 (Establishing Discipline and Account- ability in the Environmental Review and Permitting Process for Infrastructure Projects) [42 U.S.C. 4370m note], and in subsections (a)(ii) and (iii) of this section. For such projects: (i) NOAA is designated as the lead agency for aqua- culture 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 environ- mental review and authorization process, including the identification of a primary point of contact at each co- operating and participating agency; (ii) Consistent with the ‘‘One Federal Decision’’ proc- ess enhancements, all cooperating and participating agencies shall cooperate with the lead agency and shall respond to requests for information from the lead agen- cy in a timely manner; (iii) Consistent with the ‘‘One Federal Decision’’ process enhancements, the lead agency and all cooper- ating and participating agencies shall record all indi- vidual 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 environ- mental 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 re- quired 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 Sec- retary of the Army, acting through the Assistant Sec- retary of the Army for Civil Works, in consultation with the Secretary of the Interior, the Secretary of Ag- riculture, the Secretary of Commerce, the Secretary of Homeland Security, the Administrator of the Environ- mental Protection Agency, other appropriate Federal officials, and appropriate State officials, shall: (i) develop and propose for public comment, as appro- priate and consistent with applicable law, a proposed United States Army Corps of Engineers nationwide per- mit authorizing finfish aquaculture activities in ma- rine and coastal waters out to the limit of the terri- torial 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 ap- propriate and consistent with applicable law, a pro- posed United States Army Corps of Engineers nation- wide permit authorizing seaweed aquaculture activities in marine and coastal waters out to the limit of the Page 1998 TITLE 16—CONSERVATION § 1801 territorial sea and in ocean waters beyond the terri- torial 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 sea- weed aquaculture activities for other waters of the United States; (v) develop and propose for public comment, as appro- priate and consistent with applicable law, a proposed United States Army Corps of Engineers nationwide per- mit authorizing multi-species aquaculture activities in marine and coastal waters out to the limit of the terri- torial 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 Sec- retary of Commerce, in consultation with the Sec- retary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Homeland Security, the Administrator of the Environmental Pro- tection 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 [May 7, 2020], identify at least two geographic areas containing loca- tions suitable for commercial aquaculture and, within 2 years of identifying each area, complete a pro- grammatic EIS for each area to assess the impact of siting aquaculture facilities there; and (ii) for each of the following 4 years, identify two ad- ditional geographic areas containing locations suitable for commercial aquaculture and, within 2 years of iden- tifying each area, complete a programmatic EIS for each area to assess the impact of siting aquaculture fa- cilities there. (b) A programmatic EIS completed pursuant to sub- section (a) of this section may include the identifica- tion of suitable species for aquaculture in those par- ticular locations, suitable gear for aquaculture in such locations, and suitable reporting requirements for own- ers and operators of aquaculture facilities in such loca- tions. (c) In identifying specific geographic areas under sub- section (a) of this section, the Secretary of Commerce shall solicit and consider public comment and seek to minimize unnecessary resource use conflicts as appro- priate, including conflicts with military readiness ac- tivities or operations; navigation; shipping lanes; com- mercial and recreational fishing; oil, gas, renewable en- ergy, or other marine mineral exploration and develop- ment; essential fish habitats, under the Magnuson-Ste- vens Fishery Conservation and Management Act; and species protected under the Endangered Species Act of 1973 or the Marine Mammal Protection Act. SEC. 8. Improving Regulatory Transparency for Aqua- culture. (a) Within 240 days of the date of this order, the Secretary of Commerce, in consultation with other ap- propriate 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 aqua- culture permitting and operations; and (ii) identifies Federal grant programs applicable to aquaculture siting, research, development, and oper- ations. (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 im- prove 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 Aqua- culture Development Plan as a result of this assess- ment, 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 pro- posed resolutions of, the legal or regulatory constraints that may affect aquaculture, including any impedi- ments to establishing security of tenure—that is, use rights with a specified duration tied to a particular lo- cation—for aquaculture operators, owners, and inves- tors; and (iii) consider whether to include a permitting frame- work, including a delineation of agency responsibilities for permitting and associated agency operations, con- sistent 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 [42 U.S.C. 4370m note]. (c) The Secretary of the Interior, the Secretary of Ag- riculture, and the Secretary of Commerce, in consulta- tion with the Subcommittee on Aquaculture, shall sub- sequently assess, not less than once every 3 years, whether to revise the National Aquaculture Develop- ment Plan, as appropriate and consistent with 16 U.S.C. 2803(d) and (e). If the Secretary of the Interior, the Sec- retary of Agriculture, and the Secretary of Commerce decide not to revise the National Aquaculture Develop- ment 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 Agri- culture, in consultation with the Secretary of the Inte- rior, the Secretary of Commerce, other appropriate Federal officials, and States, as appropriate, shall con- sider whether to terminate the 2008 National Aquatic Animal Health Plan and to replace it with a new Na- tional 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 aqua- culture, including aquaculture projects located outside 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 ap- propriate. (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 ap- propriate. 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 Com- merce 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 des- ignees. The Secretary of Commerce shall, to the extent permitted by law and within existing appropriations, provide administrative support and funding for the Sea- food Trade Task Force. Page 1999 TITLE 16—CONSERVATION § 1802 (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 Pol- icy; (vii) the Assistant to the President for Domestic Pol- icy; (viii) the Chairman of the Council of Economic Advis- ers; (ix) the Under Secretary of Commerce for Inter- national 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 Sea- food Trade Task Force shall provide recommendations to the Office of the United States Trade Representative in the preparation of a comprehensive interagency sea- food trade strategy that identifies opportunities to im- prove 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 de- scribed in subsection (c) of this section, the Office of the United States Trade Representative, in consulta- tion with the Trade Policy Staff Committee and the Seafood Trade Task Force, shall submit to the Presi- dent, through the Assistant to the President for Eco- nomic Policy and the Assistant to the President for Do- mestic Policy, the comprehensive interagency seafood trade strategy described in subsection (c) of this sec- tion. 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 de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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. DONALD J. TRUMP. § 1802. Definitions As used in this chapter, unless the context otherwise requires— (1) The term ‘‘anadromous species’’ means species of fish which spawn in fresh or estua- rine waters of the United States and which mi- grate to ocean waters. (2) The term ‘‘bycatch’’ means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes eco- nomic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery man- agement program. (3) The term ‘‘charter fishing’’ means fishing from a vessel carrying a passenger for hire (as defined in section 2101(30) of title 46) who is en- gaged in recreational fishing. (4) The term ‘‘commercial fishing’’ means fishing in which the fish harvested, either in whole or in part, are intended to enter com- merce or enter commerce through sale, barter or trade. (5) The term ‘‘conservation and manage- ment’’ refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery re- source and the marine environment; and (B) which are designed to assure that— (i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis; (ii) irreversible or long-term adverse ef- fects on fishery resources and the marine en- vironment are avoided; and (iii) there will be a multiplicity of options available with respect to future uses of these resources. (6) The term ‘‘Continental Shelf’’ means the seabed and subsoil of the submarine areas ad- jacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas. (7) The term ‘‘Continental Shelf fishery re- sources’’ means the following: CNIDARIA Bamboo Coral—Acanella spp.; Black Coral—Antipathes spp.; Gold Coral—Callogorgia spp.; Precious Red Coral—Corallium spp.; Bamboo Coral—Keratoisis spp.; and Gold Coral—Parazoanthus spp. CRUSTACEA Tanner Crab—Chionoecetes tanneri; Tanner Crab—Chionoecetes opilio; Tanner Crab—Chionoecetes angulatus; Tanner Crab—Chionoecetes bairdi; King Crab—Paralithodes camtschatica; King Crab—Paralithodes platypus; King Crab—Paralithodes brevipes; Lobster—Homarus americanus; Dungeness Crab—Cancer magister; California King Crab—Paralithodes cali- forniensis; California King Crab—Paralithodes rath- buni; Golden King Crab—Lithodes aequispinus; Northern Stone Crab—Lithodes maja; Stone Crab—Menippe mercenaria; and Deep-sea Red Crab—Chaceon quinquedens. MOLLUSKS Red Abalone—Haliotis rufescens; Pink Abalone—Haliotis corrugata; Japanese Abalone—Haliotis kamtschat- kana; Queen Conch—Strombus gigas; Surf Clam—Spisula solidissima; and Ocean Quahog—Arctica islandica. SPONGES Glove Sponge—Spongia cheiris;