Recreational Fisheries

Executive Order 12962 of June 7, 1995

Recreational Fisheries

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), the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801-1882),
and other pertinent statutes, and in order to conserve,
restore, and enhance aquatic systems to provide for
increased 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
practicable, and in cooperation with States and Tribes,
improve 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 conservation and enhance
recreational fishing opportunities;

    (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 fisheries;
    (c) fostering sound aquatic conservation and
restoration endeavors to benefit recreational
fisheries;
    (d) providing access to and promoting awareness of
opportunities for public participation and enjoyment of
U.S. recreational fishery resources;
    (e) supporting outreach programs designed to
stimulate angler participation in the conservation and
restoration of aquatic systems;
    (f) implementing laws under their purview in a
manner that will conserve, restore, and enhance aquatic
systems that support recreational fisheries;
    (g) establishing cost-share programs, under
existing authorities, that match or exceed Federal
funds with nonfederal contributions;
    (h) evaluating the effects of Federally funded,
permitted, or authorized actions on aquatic systems and
recreational fisheries and document those effects
relative to the purpose of this order; and
    (i) assisting private landowners to conserve and
enhance aquatic resources on their lands.

Sec. 2. National Recreational Fisheries Coordination
Council. A National Recreational Fisheries Coordination
Council (“Coordination Council”) is hereby
established. The Coordination Council shall consist of
seven members, one member designated by each of the
following Secretaries--Interior, Commerce, Agriculture,
Energy, Transportation, and Defense--and one by the
Administrator of the Environmental Protection Agency.
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 managing recreational fisheries;
    (c) share the latest resource information and
management 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
Coordination 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
Coordination 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 agencies, and (4) a comprehensive mechanism to
evaluate achievements. The Conservation Plan will, to
the extent practicable, be integrated with existing
plans and programs, reduce duplication, and will
include recommended 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
aggressively work to identify and minimize conflicts
between recreational fisheries and their respective
responsibilities 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 National Marine Fisheries Service will
promote compatibility 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 Federal, State, and Tribal fisheries
managers, and (3) improve 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
Secretary of the Interior shall expand the role of the
Sport Fishing and Boating Partnership Council to: (a)
monitor specific Federal activities affecting aquatic
systems and the recreational fisheries they support;

    (b) review and evaluate the relation of Federal
policies and activities to the status and conditions of
recreational fishery resources; and
    (c) prepare an annual report of its activities,
findings, and recommendations for submission to the
Coordination 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, benefit 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.

    (Presidential Sig.)

THE WHITE HOUSE,

    June 7, 1995.