US Aquaculture | Offshore Aquaculture | 2005 Act

The National Offshore Aquaculture Act of 2005

On June 7, 2005, the Administration submitted to Congress for consideration and action The National Offshore Aquaculture Act of 2005. The 2005 act was subsequently introduced in the Senate as S. 1195. Senate hearings on S. 1195 were held in April and June 2006, but the session ended before any action was taken on the bill.

Purpose of the National Offshore Aquaculture Act of 2005
Milestones for 2005 Offshore Aquaculture Act
Additional Information

Purpose of the National Offshore Aquaculture Act of 2005

If enacted, the bill would have granted the Secretary of Commerce new authority to issue permits for aquaculture in federal ocean waters, also known as the United States Exclusive Economic Zone, while providing environmental and other safeguards to protect wild stocks, marine ecosystems, and other users. The Act, which did not supersede existing authorities, specifically provided for coordination and consultation with other federal agencies, Fishery Management Councils, and coastal states.

The question of environment for offshore aquaculture is an important one and the establishment of rigorous environmental standards for offshore aquaculture was central to the National Offshore Aquaculture Act of 2005. The bill provided the necessary authority to require, through regulations or permit conditions, appropriate measures to avoid, minimize, or mitigate unacceptable impacts. The bill also provided authority to take emergency actions to address unanticipated impacts in a timely manner. S. 1195 did not override or preempt existing laws to protect the marine environment, wild stocks, endangered species, marine mammals, and habitat.

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Milestones for 2005 Offshore Aquaculture Act

  • On June 8, 2005, the Administration bill was introduced in the Senate by Commerce Committee Co-Chairmen Senator Ted Stevens and Senator Daniel K. Inouye. The bill was known as S. 1195.

  • On April 6, 2006, the Senate Commerce Committee's National Ocean Policy Study Subcommittee held the first hearing on the bill. The hearing examined current proposals to regulate offshore aquaculture operations, discussed research being conducted off the coasts of New England and Hawaii, and explored the impacts that expanded aquaculture operations would have on fishermen, seafood processors, and consumers. Witnesses included Dr. William Hogarth, Director of the National Marine Fisheries Service.

  • On June 8, 2006, the Senate Commerce Committee's National Ocean Policy Study Subcommittee held a second hearing focused on aquaculture in federal waters. Witnesses included NOAA’s Deputy Assistant Secretary for Oceans and Atmosphere, Tim R.E. Keeney, who testified on behalf of the Administration. The hearing, chaired by Senator John E. Sununu, offered NOAA an opportunity to highlight plans for implementing the National Offshore Aquaculture Act of 2005 (S. 1195). NOAA’s testimony focused on the compelling case to be made for the development of the domestic marine aquaculture industry in the U.S. to meet the growing demand for seafood, and our commitment to ensure this happens in a predictable, environmentally compatible and sustainable manner.

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Additional Information

U.S. Commission on Ocean Policy Recommendations on Aquaculture [pdf, 316kb]
U.S. Ocean Action Plan [pdf, 88kb]
Legislative History of the 2005 National Offshore Aquaculture Act [pdf, 44kb]

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