US Aquaculture | Offshore Aquaculture | 2007 Act

The National Offshore Aquaculture Act of 2007

What distinguishes offshore aquaculture from other forms of aquaculture is the location in open ocean waters exposed to wind and waves. Pictured above, an AquaPod cage sits on the surface for cleaning and inspection at Snapperfarm, a commercial operation in Culebra, Puerto Rico. [Snapperfarm Photo]

Current U.S. law does not provide clear mechanisms to allow commercial aquaculture operations in federal waters, three to 200 miles off the coast. That regulatory uncertainty is widely acknowledged as the major barrier to the development of aquaculture in federal waters. This area of the ocean is also known as “offshore waters” and the U.S. Exclusive Economic Zone. To address this uncertainty, the Administration's National Offshore Aquaculture Act of 2007 was presented to Congress for consideration on March 12, 2007. The act has been introduced in the House and the Senate. The most recent action on the bill was a hearing held by the House Natural Resources Committee's Subcommittee on Fisheries, Wildlife and Oceans on July 12, 2007. NOAA Administrator Vice Admiral Conrad C. Lautenbacher, Jr., testified on behalf of the Administration. The opening statement by the chair and testimony from the hearing has been posted to the committee's website.

Purpose of the National Offshore Aquaculture Act of 2007

The purpose of the 2007 Act is to create a regulatory framework that allows for safe and sustainable aquaculture operations in U.S. federal waters. The 2007 Act includes requirements to ensure that offshore aquaculture proceeds in an environmentally responsible manner that is consistent with stated policy to protect wild stocks and the quality of marine ecosystems and is compatible with other uses of the marine environment.

Additional information on the proposed legislation includes:

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What the Proposed Offshore Act Would Do

If enacted, the bill would create a regulatory framework that allows for safe and sustainable aquaculture operations for fish and shellfish in U.S. federal waters, three to 200 miles off the coast. The 2007 Act includes requirements to ensure that offshore aquaculture proceeds in an environmentally responsible manner that is consistent with stated policy to protect wild stocks and the quality of marine ecosystems and is compatible with other uses of the marine environment.

Currently, there is no clear federal authority for the permitting of offshore aquaculture in federal waters. The 2007 Act addresses this problem. Specifically, the Act would:

  • Authorize the Secretary of Commerce to issue offshore aquaculture permits.
  • Require the Secretary of Commerce to establish environmental requirements.
  • Require the Secretary of Commerce to work with other federal agencies to develop and implement a coordinated permitting process for offshore aquaculture.
  • Exempt permitted offshore aquaculture from fishing regulations that restrict size, season and harvest methods.
  • Authorize a research and development program for all types of marine aquaculture.
  • Authorize funding to carry out the Act and provide for enforcement of the Act.

The 2007 Act, which is based on a similar 2005 proposal, was developed in consultation with industry, conservation groups, states, the research community and others. Their collective input led to revisions in four specific areas - environmental requirements, permits, the role of the states, and research.

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Aquaculture and the Protection of the Marine Environment

The environmental requirements in the National Offshore Aquaculture Act of 2007 are similar to requirements implemented and enforced in other jurisdictions – including U.S. coastal states, Canada, the European Union, and Australia. Taken together, the provisions in the Act constitute a cautious approach to the expansion of aquaculture into offshore federal waters.

In addition to mandatory environmental requirements, the Act requires monitoring of operations, allows the Secretary of Commerce to modify, suspend or revoke permits, and authorizes emergency action in response to unanticipated impacts. The Act will be implemented in a transparent public process, key stakeholders will have opportunities to provide input in the development of environmental analyses and rulemaking, and there will be public notice of permit applications. The Act incorporates many of the recommendations from the Woods Hole Marine Aquaculture Task Force in January 2007, and the American Fisheries Society-sponsored article in the December 2006 issue of Fisheries Magazine.

To view a backgrounder on the environmental provisions included in the 2007 Offshore Act, click here.

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Milestones for the 2007 Offshore Aquaculture Act

  • On March 12, 2007, U.S. Secretary of Commerce Carlos M. Gutierrez announces that the National Offshore Act of 2007 has been transmitted to Congress while attending the Boston Seafood Show.
  • On March 15, 2007, NOAA conducts a Constituent Briefing on the National Offshore Act of 2007. NOAA Fisheries Director Dr. Bill Hogarth and NOAA Deputy Assistant Administrator for Regulatory Affairs Sam Rauch made opening remarks at the briefing.
  • On April 12, 2007, Congressman Rahall announced that he would introduce the National Offshore Aquaculture Act of 2007 at the request of the Administration.
  • On April 24, 2007, U.S. Representative Nick Rahall, Chairman of the House Natural Resources Committee, and Congresswoman Madeleine Bordallo, Chair of the House Natural Resources Committee, Fisheries, Wildlife, and Oceans Subcommittee jointly introduced by request the Administration's National Offshore Aquaculture Act of 2007 in the U.S. House of Representatives. To view the text of the bill as it was introduced, go to the Library of Congress website. The bill number is H.R. 2010.
  • Also on April 24, 2007, Commerce Secretary Carlos Gutierrez issues a press statement on the introduction of of H.R. 2010, and NOAA Fisheries Director Dr. Bill Hogarth issues a Director's Statement on the introduction of the act.
  • On June 13, 2007, U.S. Senators Daniel K. Inouye and Ted Stevens introduced, by request, the National Offshore Aquaculture Act of 2007. Senators Inouye and Stevens also introduced four amendments.  The bill was referred to the Senate Commerce Committee. To view the text of the bill as it was introduced and the amendments go to the Library of Congress website. The bill number is S. 1609.
  • On July 12, 2007 Vice Admiral Conrad C. Lautenbacher, Jr., Administrator of NOAA, testified on behalf of the Administration at a legislative hearing on the 2007 National Offshore Aquaculture bill [H.R. 2010]. Held by the House Natural Resources Committee's Subcommittee on Fisheries, Wildlife and Oceans, the hearing was chaired by Del. Madeleine Z. Bordallo (D-GU), and included Congressman Henry Brown, Jr., (R-SC), Congresswoman Lois Capps (D-CA), and Congressman Eni F.H. Faleomavaega (D-AS). In addition to the Vice Admiral , the witnesses included Dr. Randy MacMillan of the National Aquaculture Association, Sue Aspelund of the Alaska Department of Fish and Game, Tim Eichenberg of the Ocean Conservancy, and author Richard Russell. The opening statement by the chair and testimony from the hearing has been posted to the committee's website.

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Additional Background Information

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