Just days after public interest group the Center for Food Safety won a lawsuit challenging the US Department of Commerce’s (DOC) authority to regulate offshore aquaculture in US federal waters, a bill has been introduced into the US House of Representatives that would establish a regulatory system for fish farming in federal waters.

Representatives Steven Palazzo (R-MS) and Collin Peterson (D-MN) introduced the “Advancing the Quality and Understanding of American Aquaculture Act," or the AQUAA Act, on Friday. The bill seeks to increase the United States’ involvement in the aquaculture industry by enabling its development in federal waters, which extend from 12 miles offshore through to 200 miles offshore.

A similar act was introduced in the US Senate this summer by Sen. Roger Wicker, (R-Miss). The Senate version of the bill, which has the same name as the House version, would streamline the permitting process for aquaculture farms in federal waters, and fund research and development to advance the aquaculture industry. The bill was cosponsored by Sen. Marco Rubio, (R-Fla).

"This marks the first time comprehensive offshore aquaculture legislation has been introduced in the House that specifically addresses permitting harmonization for marine aquaculture,” Rep. Palazzo said in press statement.

Currently, multiple agencies oversee the permitting process that adhere to different requirements, making it challenging to obtain necessary permits in a timely and cost-effective manner.

The new bills could solve issues presented in this week’s court decision. The Federal District Court for the Eastern District of Louisiana ruled existing fisheries management law under the Magnuson Stevens Act was never intended to regulate aquaculture, and thus DOC did not have the authority to permit aquaculture as part of its regulation of fishing and wild fisheries.

The House bill establishes an Office of Marine Aquaculture within the National Marine Fisheries Service (NMFS) at the National Oceanic and Atmospheric Administration (NOAA) headquarters and regional offices to lead the coordination of the federal permitting process.

The legislation also establishes a permit to allow individuals time to secure financing for aquaculture operations and make no changes to current environmental standards, but instead uphold and maintain existing standards.

“This bill helps develop an industry that will create jobs, support our coastal communities, and put us on the right track to reducing our seafood trade deficit in a safe and sustainable way," Palazzo said. "The United States does not have a comprehensive, nationwide permitting system for marine aquaculture in federal waters. Our bill seeks to rectify this by establishing an office under NOAA that would be charged with coordinating the federal permitting process. It would also fund research and extension services for several existing aquaculture priorities.”

Kathryn Unger, managing director of Cargill Aqua Nutrition North America and president of the Stronger America Through Seafood (SATS) advocacy trade group, called the AQUAA Act a key milestone in developing the US domestic seafood sector.

“[It] establishes a much-needed framework for offshore fish farming in U.S. federal waters,” said Unger.

SATS is a broad coalition of companies that in addition to Cargill includes: Pacific Seafood, Taylor Shellfish, Pontos Aqua Advisory, Sysco, Pentair, High Liner Foods, Red Lobster, Harvest Select, Woods Hole Group, and Fortune International, Harvest Select, Taylor Shellfish, InnovaSea and Beaver Street Fisheries.

Gulf setback

The federal permitting plan struck down by the court earlier this week, would have allowed up to 20 aquaculture facilities and collectively 64 million pounds of fish to be grown each year in the Gulf.

Despite the setback, the National Oceanic and Atmospheric Administration (NOAA) is considering whether to appeal an Eastern District of Louisiana’s court decision.

"Given conflicting court decisions and the desire for regulatory certainty, NOAA supports congressional efforts to clarify the agency’s statutory authority to regulate aquaculture," the spokesperson told IntraFish.

"It is important to note that this ruling is not a prohibition on marine aquaculture, either nationally or in the Gulf of Mexico, and we will continue to work with stakeholders though existing policies and legislation to increase aquaculture permitting efficiency and predictability."

Aquaculture

US lawmakers introduce second bill to jump start offshore aquaculture