Congresswoman
Lois Capps
23rd District of California www.house.gov/capps
FOR IMMEDIATE RELEASE Contact: Emily Kryder
December 17, 2009 202-226-7747 office
202-225-6513 cell
Capps Introduces Comprehensive, Sustainable
Offshore Aquaculture Legislation
Common Sense Regulatory Framework Will Protect Fragile Oceans and
Boost Economy
WASHINGTON, D.C. – Yesterday Congresswoman Lois Capps (CA-23) introduced landmark
legislation, the National Sustainable Offshore Aquaculture Act of 2009 (H.R. 4363), that for the
first time would establish a comprehensive regulatory framework for offshore aquaculture
development that takes a balanced approach to environmental and economic. The legislation
would also establish a research program to address important data gaps and ensure that offshore
aquaculture development proceeds in an ecologically sustainable fashion.
Currently there are no national policies or laws governing how this method of offshore fish
farming should be regulated in America’s territorial waters which generally begin three miles
from the coastline. Officials from the National Oceanic and Atmospheric Administration
(NOAA) have said the agency will offer its own national aquaculture policy in early 2010.
“My legislation represents a huge step forward in our efforts to establish a comprehensive
regulatory framework for offshore aquaculture development that balances environmental,
social, and economic concerns,” said Capps. “I believe that by working together we can
create a common sense framework that ensures that offshore aquaculture development
proceeds in an ecologically sustainable fashion. Developing these guidelines has the
potential to preserve the integrity of our fragile ocean ecosystems, meet the increasing
consumer demand for seafood, reduce stress on wild fish populations, and create jobs here
at home. We have a good model for doing this in my home state of California, which
recently enacted landmark legislation on this topic. I believe this type of balanced,
comprehensive and precautionary approach will work in California, and my legislation
seeks to accomplish similar goals at the national level.”
“It’s time to set a standard for open-ocean aquaculture, and the National Sustainable
Offshore Aquaculture Act is an important step,” explained George Leonard, Ocean
Conservancy’s aquaculture program director. “We need a strong national framework for
marine aquaculture before expansion occurs in our federal ocean waters, and
Congresswoman Capps is to be commended for showing leadership on this important
national issue.”
In January 2009, the Gulf of Mexico Fishery Management Council adopted a fishery
management plan to develop a permitting system for offshore aquaculture. In September 2009,
NOAA took the unusual step of making no active decision on this plan. This allowed the plan to
enter into effect and set a dangerous precedent whereby aquaculture is regulated on a case-by-
case basis with an inconsistent application of regulations and standards.
This piecemeal approach lays the groundwork for a fragmented regulatory system for offshore
aquaculture in the United States that could result in significant and potentially irreversible
environmental consequences, including water pollution from waste products and chemicals,
threats of disease transmission to wild fish populations, harmful effects on native marine species
from escaped farmed species, and an increase in the use of wild forage fish for aquaculture feeds.
The development of the Gulf of Mexico Fisheries Management Plan, coupled with the ever-
increasing stress on our fisheries and marine ecosystems, underscores the need for immediate
federal action to establish a national set of regulatory rules for this emerging economy.
Congresswoman Capps’ legislation, the National Sustainable Offshore Aquaculture Act of 2009
(H.R. 4363), addresses these concerns by establishing an overarching, federal regulatory system
for offshore aquaculture that includes standardized, precautionary measures to protect the
environment and coastal communities. The key provisions of the legislation include:
1. Establishing a clear, streamlined regulatory process for offshore aquaculture with specific
provisions and permit terms to protect marine ecosystems and coastal communities;
2. Requiring coordinated, regional programmatic environmental impact statements to
provide regulatory certainty, ensure environmental protection for sensitive marine areas,
and reduce conflicts among competing uses of the marine environment; and
3. Authorizing new funds for research to provide the crucial feedback needed for adaptive,
environmentally-sound management of this new use of offshore waters.
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