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Commercial Fisheries News 
Volume 34 Number 10
June 2007


US House to debate offshore aquaculture act

WASHINGTON, DC – On April 24, US Rep. Nick Rahall II (D-WV) introduced HR 2010, the National Offshore Aquaculture Act of 2007, into the House of Representatives.

Rahall took this step at the request of the Commerce Department, which drafted the bill.

Commerce Sec. Carlos Gutierrez, who had toured the Mingo County Fish Hatchery in Pie, WV with Rahall a week-and-a-half earlier, thanked the congressman for “his commitment to promote this important industry.”

Said Gutierrez, “The time for aquaculture is now. The simple fact is that global demand for seafood far exceeds the sustainable harvest levels of our wild fisheries stocks, and we cannot be true stewards of our oceans resources if we do not embrace aquaculture.”

National Marine Fisheries Service Director Bill Hogarth added, “The United States is poised to become a world leader in innovative, sustainable marine aquaculture. This legislation calls for the highest level of environmental stewardship for aquaculture facilities and a robust research program to support all of marine aquaculture.”

According to the Commerce Department, the US currently imports 80% of its seafood – almost half of which comes from aquaculture – and this contributes over $8 billion to the national trade deficit.


What’s in it?

According to the National Oceanic and Atmospheric Administration (NOAA), which runs the Commerce Department’s Aquaculture Program, the purpose of the act is to create a regulatory framework for safe and sustainable aquaculture in US federal waters.

If approved, the act would:

Give the commerce secretary authority to issue offshore aquaculture permits;

Require the secretary to work with other agencies to develop a streamlined and coordinated permitting process for federal waters;

Exclude permitted offshore aquaculture operations from the definition of “fishing” under the Magnuson-Stevens Fishery Conservation and Management Act so that fish farmers won’t be bound by size, season, and harvest restrictions imposed on commercial fishermen;

Authorize the Commerce Department to establish a research and development program in support of all types of marine aquaculture;

Provide for enforcement of the act; and

Authorize appropriations of $4,052,000 in fiscal year 2008 to carry out the act, and then authorize “such sums as may be necessary” in subsequent years.


2005 vs. 2007

The 109th Congress tackled the National Offshore Aquaculture Act of 2005 and the Senate held two hearings on the legislation in 2006. However, the congressional session ended before any action was taken on the bill, and that was that.

NOAA officials used the feedback provided by stakeholders during that process and made several revisions to the proposed 2007 act.

For one, the administration added a provision that would allow coastal states to “opt out” of offshore aquaculture within 12 miles of their coastlines.

Furthermore, the act now proposes that the secretary issue a single permit instead of separate site and operating permits, and that the single permit be good for 20 years instead of 10 and be renewable in 20-year increments instead of five-year intervals.

The legislation is now clearer on the fact that the commerce secretary “shall” instead of “may” establish environmental requirements, monitoring procedures, and data requirements. And it expands the research program to cover all types of aquaculture. Previously, it called for only offshore aquaculture research.

Another addition requires the Commerce Department to collaborate on research with the Department of Agriculture on “alternative feed formulas to reduce the use of wild fish in aquaculture feeds.”


NFI supports bill

The National Fisheries Institute (NFI) supported the introduction of the bill, saying it would “strengthen the nation’s commitment to ensuring all Americans have access to an abundant amount of healthy seafood now and in the future.”

“The fact is we can’t sustain our level of consumption or expected increases in the future by solely relying on wild capture,” said NFI President John Connelly.

Connelly emphasized the importance of using aquaculture – both in marine and freshwater environments – because “it complements wild-captured seafood.”

“The growth of aquaculture, notably through advancements in feed efficiency and the ability to expand production in marine environments, will help provide increasing numbers of American families with healthy seafood,” he said.


Q&A available

NOAA argues that a major barrier to the development of offshore aquaculture in the US is “regulatory uncertainty.” There’s no clear federal authority for the permitting of offshore aquaculture operations, which is the root of the problem.

“It’s just not possible to make rational business decisions unless you know what the rules are,” said NOAA in a fact sheet outlining frequently asked questions about the 2007 act.

The Q&A, along with additional materials related to the agency’s aquaculture program, are available online at <www.aquaculture.noaa.gov>.


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