FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB)

TO THE NATIONAL ORGANIC PROGRAM (NOP)

Date: _November 19, 2008 ____

Subject: Aquaculture: Fish Feed – Fish Oil and Fish Meal & Related Issues

Chair: Rigoberto Delgado

Recommendation

The NOSB hereby recommends to the NOP the following:

Rulemaking Action: _X __

Guidance Statement: ________

Other: ________

Summary Statement of the Recommendation (including Recount of Vote):

After trying to resolve inherent incompatibilities between terrestrial and aquatic animals, the NOSB realized the 

need to create an independent set of standards for aquaculture. Based on earlier proposals approved by the 

NOSB, and presented by the AWG, this recommendation includes regulation related to the feeding of aquatic 

animals. The recommendation also includes a listing of terms defined. The present recommendation was 

developed after careful consideration of the nutritional and health needs of aquatic species presented by the 

Aquaculture Working Group, the panelists selected at the Aquaculture Symposium of November 2007, Public 

Comment and statements made by the National Organic Program at the Spring 2008 NOSB meeting.

The essence of this recommendation is to allow, by exemption of a prohibited natural material in proposed section 

205.612, the feeding of fish meal and fish oil from wild caught fish and other wild aquatic animals if produced 

from environmentally responsible food grade wild caught fisheries and fed in the following step-wise levels: a 

maximum combined total of 25% during year 1 through 5 after this regulation is implemented, a maximum 

combined total of 15% during year 6 through 8, and a maximum combined total of 10% during year 9 through 

year 10, and a maximum combined total of 5% during year 11 and 12, with the percentages by weight of feed 

being averages over the production cycle of the aquatic animal.

Additionally, the NOSB recommends that aquatic animals fed wild caught fish meal or oil as a supplement 

pursuant to proposed 205.612 (see above) must indicate (Fed environmentally responsible wild caught fish) on the 

label directly beneath or next to the name of the fish.

NOSB Vote: Motion: Hubert Karreman Second: Kevin Engelbert

Board vote: Yes - 13 No- 1 Abstain- 0 Absent - 1 

Summary Rationale Supporting Recommendation (including consistency with OFPA and NOP):

At the Spring 2008 NOSB meeting, the National Organic Program stated that wild caught fish could be 

considered by Board as a viable alternative for fish meal and fish oil based on OFPA. The following sections of 

OFPA are pertinent to this Recommendation: 2103(11) – definition of Livestock; 2107(a)(6) – periodic residue 

testing; 2107(c)(1) – allowance of wild seafood to be certified or labeled as organic, 2107(c)(2)(B) –

accommodate the unique characteristics of the industries in the United States that harvest and process wild 

seafood. 

Response by the NOP:
National Organic Standards Board (NOSB)

Final Recommendation 

Livestock Committee

PROPOSED ORGANIC AQUACULTURE STANDARDS:

Fish Feed and Related Management Issues

November 19, 2008

Introduction: 

For the past three years the NOSB with the assistance of the Aquaculture Working Group (AWG) has been in the 

process of introducing organic aquaculture standards under the umbrella of the livestock section of the Rule. 

After trying to resolve inherent incompatibilities between terrestrial and aquatic animals, the NOSB realized the 

need to create an independent set of standards for aquaculture. Based on earlier proposals approved by the 

NOSB, and presented by the AWG, this recommendation includes regulation related to the feeding of aquatic 

animals. The recommendation also includes a listing of terms defined.

Background:

During the discussion and approval of the Aquaculture Working Group’s proposed standards for finfish presented 

at the 2007 Spring meeting of the NOSB, it became clear that there was a need for further analysis and review on 

the use of wild caught fish meal and fish oil in organic aquaculture. As a result, the language referring to fish 

meal and fish oil was removed from the AWG document prior to the NOSB approval. In November 2007, the 

NOSB hosted the Organic Aquaculture Symposium on fish feed and net pens to explore the range and depth of 

scientific and environmental challenges facing global aquaculture. The NOSB realized the need to implement rule 

changes to allow for certification of aquatic species, but there was a critical challenge: providing adequate 

supplies of essential nutrients to a new industry with non existing sources of fish meal and fish oil. 

At the Spring 2008 NOSB meeting, the National Organic Program stated that wild caught fish could be 

considered by Board as a viable alternative for fish meal and fish oil based on OFPA. The following sections of 

OFPA are pertinent to this Recommendation: 2103(11) – definition of Livestock; 2107(a)(6) – periodic residue 

testing; 2107(c)(1) – allowance of wild seafood to be certified or labeled as organic, 2107(c)(2)(B) –

accommodate the unique characteristics of the industries in the United States that harvest and process wild 

seafood. 

The following recommendations are being brought forward in order to maintain organic principles in organic 

aquaculture through the limited stepped down use of sustainably-sourced wild-caught fish feed as a nonsynthetic 

feed supplement.

Discussion: 

The present recommendation was developed after careful consideration of the nutritional and health needs of 

aquatic species presented by the Aquaculture Working Group, the panelists selected at the Aquaculture 

Symposium of November 2007, Public Comment and statements made by the National Organic Program at the 

Spring 2008 NOSB meeting. The following points summarize the important criteria which guided this 

recommendation: 

• While respecting the current knowledge of the nutritional needs of aquatic animals for fish meal and fish oil, 

there are feed alternatives which have potential of becoming certified organic. However, the commercial 

availability of such alternatives is currently an open question. 
• Certified organic fish meal and fish oil would be expected to become increasingly available in the future as 

the certified organic aquaculture industry grows. 

• To ensure that diets are nutritionally complete at the inception of USDA certified organic aquaculture, the 

NOSB proposes that the carcasses, viscera, and trimmings from wildcaught fish be allowed to provide for fish 

meal and fish oil in a limited, prescribed fashion. This will allow the nascent USDA certified organic 

aquaculture industry the needed time to establish a critical mass of basic feed resources for itself. OFPA 

Section 2107(c)(1) supports this. 

• The NOSB seeks to encourage the sourcing of fish meal and oil from sources which are managed sustainably 

and that would otherwise be wasted. For example, the Alaska Pollock fishery is considered to be sustainably 

managed. Fillets are cut from the fish and oil recovered from the spent carcasses rich in omega-3 fatty acids. 

This fish oil is then mixed with fuel oil and burned in boilers. This waste is because of high costs to ship the 

recovered fish oil to the US mainland for inclusion in fish feeds. This is supported by OFPA 2103(11) i.e. use 

of fish used for food for other fish and by OFPA 2107(c)(2)(B) i.e. accommodate the unique characteristics of 

the industries in the United States that harvest and process wild seafood.

• The sustainability of wild caught fisheries is paramount.

• Aquatic species for food are considered livestock OFPA 2103(11). Organic systems should promote the 

natural behaviors of livestock [§ 205.239 (a)]. Many aquatic species require a piscivorous diet to maintain 

health and this should be the goal of the nutrition provided for such organically managed aquatic animals [§ 

205.238(a)(2)]. As a point of clarification, we do not intend this interpretation of the importance of natural 

behaviors of livestock to extend to a prohibition of indoor operations or net pens in the management of 

aquatic species which is specifically dealt with in the recommendation on net pens.

Additionally, fish feed derived from terrestrial animal or plant sources, or fresh water fish are not considered an 

acceptable alternative to marine-based fish for a variety of reasons. Therefore we have also considered the 

following points in constructing a recommendation:

• Many organic consumers that consume fish may be excluding terrestrial animal sources from their personal 

diets and do not want to knowingly or unknowingly consume terrestrial animals through fish.

• While some species of aquatic animals may appear to thrive on terrestrial plant sources of feed, the specific 

composition of their nutritional needs is not completely understood and there is a risk of undermining the

health and well-being of these animals. This path would not only be detrimental to the aquatic animals, but 

could become unsustainable for the industry from an economic point of view. In all likelihood, the end result 

would be a greater need for supplementation with synthetic amino acids.

• Terrestrial animal and plant-based feeds do not provide the marine-based fatty acids that marine animals need 

to thrive and that also result in the fatty acid profile, including omega 3’s, that consumers expect for their 

health benefits. While alternative marine feeds, such as aquatic worms and marine algae may provide these 

fatty acids in the future, their origin is in the marine plankton and they will still need to source marine-based 

feeds. Standards have not yet been developed for insects and other multi-cellular life forms and there are 

unresolved questions regarding their agricultural nature

• We believe that Hazard Analysis Critical Control Point (HACCP) will help guide the wise management of 

certified organic aquatic animals. HACCP is a mandatory program for seafood processors under the U.S. 

Food and Drug Administration and with additional authority for seafood processors under the National 

Oceanic and Atmospheric Administration. The program requires the analysis and management of critical 

processing variables that impact upon the healthiness and safety of seafood products.
• As a result of the proposed step-wise reduction of oil in feed as well as the sourcing of oil from fisheries with 

the lowest levels of contaminants and treating oil to remove contaminants (supported by 2107(a)(6) – periodic 

residue testing), there will be more farmed fish with substantially reduced levels of contaminants relative to 

wild or conventionally produced fish.

• In the terrestrial livestock sections of the regulation, certified organic livestock must consume 100% certified 

organic feed, and slaughter by-products are expressly prohibited. The biology and dietary needs of the vast 

majority of fish require piscivorous inputs (see above). Organic consumers may or may not want to consume 

certified organic fish that have been fed sustainably-sourced wild fish. In order to achieve the greatest 

consumer awareness, we propose that any certified organic fish which has been fed environmentally 

responsibly wild caught fish at any point in their life be clearly labeled as such.

Regulatory Framework

Under OFPA:

§ 2102. (7 U.S.C. 66011 PURPOSES). It is the purpose of this title-

(1) to establish national standards governing the marketing of certain agricultural products as organically 

produced products;

(2) to assure consumers that organically produced products meet a consistent standard; and

(11) LIVESTOCK – The term “livestock” means any cattle, sheep, goats, swine, poultry, equine animals 

used for food or in the production of food, fish used for food, wild or domesticated game, or other nonplant life.

Clearly, Congress considers “fish used for food” to be within the authority of this statute.

§ 2107. (a) IN GENERAL.—A program established under this title shall

(6) require periodic residue testing by certifying agents of agricultural products that have been produced 

on certified organic farms and handled through certified organic handling operations to determine 

whether such products contain any pesticide or other nonorganic residue or natural toxicants and to 

require certifying agents, to the extent that such agents are aware of a violation of applicable laws relating 

to food safety, to report such violation to the appropriate health agencies;

§ 2107. (c) WILD SEAFOOD.

(1) IN GENERAL.Notwithstanding the requirement of section 2107(a)(1)(A) requiring products be 

produced only on certified organic farms, the Secretary shall allow, through regulations promulgated after 

public notice and opportunity for comment, wild seafood to be certified or labeled as organic.

(2) CONSULTATION AND ACCOMMODATION. In carrying out paragraph (1), the Secretary shall-

(A) consult with-

(i) the Secretary of Commerce;

(ii) the National Organic Standards Board established under section 2119;

(iii) producers, processors, and sellers; and

(iv) other interested members of the public; and 

(B) to the maximum extent practicable, accommodate the unique characteristics of the industries 

in the United States that harvest and process wild seafood.
At the time of the implementation of the regulation, the NOP excluded aquatic animals from organic livestock 

production because there was no aquaculture production provisions provided.

NOSB Vote:

Moved: Hubert Karreman Second: Kevin Engelbert

Yes: 13 No: 1 Abstentions: 0 Absent: 1

Recommendation

This recommendation is intended for rulemaking and to augment the previous recommendation on aquaculture 

approved by the NOSB in April 2007.

§ 205.2 TERMS DEFINED

Livestock Any cattle, sheep, goat, swine, poultry, equine, or aquatic animals used for food or in the 

production of food, fiber, feed or other agricultural-based consumer products; wild or domesticated 

game; or other non-plant life, except such term shall not include bees for the production of food, fiber, 

feed, or other agricultural-based consumer products.

§205.105 Allowed and prohibited substances, methods, and ingredients in organic production and 

handling.

(a) Synthetic substances and ingredients, except as provided in §205.601, §205.603, §205.609 or §205.611;

(b) Nonsynthetic substances prohibited in §205.602, §205.604, §205.610 or §205.612;

§ 205.237 Terrestrial Livestock feed.

§ 205.238 Terrestrial Livestock Health Care Practice Standard

§ 205.239 Terrestrial Livestock Living Conditions

§ 205.252 Aquatic Animal feed. 

(a) Feeds and feeding practices must meet the minimum nutritional requirements of the aquatic animal.

(b) Use of aquatic animal feeds must minimize the environmental impact of released nutrients on receiving 

waters and adjoining ecosystems as documented in the Organic System Plan.

(c) Aquatic animals must be provided with their natural nutrients consistent with the need to optimize 

health and growth of the aquatic animal. This includes live foods and the sources of ingredients in 

formulated feeds as allowed in the rule. 

(d) Feeds for aquaculture products for human consumption must contain lipids from fish oil or other 

omega-3 sources produced by microorganisms or organic plants to meet the nutritional requirement of 

specific lipids for the particular aquatic species, except that other lipids from organic sources may be 

provided in feeds for aquatic animals that have a specific dietary requirements for such ingredients to the 

extent necessary to meet the minimum requirement for that lipid in that aquatic animal.
(e) Aquaculture feeds must be composed of feed ingredients that are certified organic, except that 

nonsynthetic substances and synthetic substances allowed by § 205.611 and § 205.612 may be used as 

feed additives and supplements.

(f) Aquaculture feeds may include fish meal and fish oil derived from organically raised aquatic animals 

or algae according to an Organic System Plan, providing the meal and oil is produced from aquatic 

animals of a different family than the aquatic animal being fed.

(g) Silage and lipids produced from organic fish that is enzyme-processed, or produced with acids and 

bases that are organically certified or approved in § 205.611 for fish emulsion or other purposes, may be 

certified organic and incorporated into organic aquaculture feeds without limitation.

(h) Organic aquaculture feeds may include meals and oils containing essential fatty acids produced by 

processes allowed in organic production.

(i) Nutritional pigment compounds that appear on 205.611 or are organically produced and allowed by 

the U.S. Food and Drug Administration for inclusion in aquaculture feeds may be used.

(j) The producer of organic aquatic animals shall not:

(1) incorporate or introduce any type of antibiotic or hormone in feeds, the water supply, or the 

environment;

(2) provide feed supplements or additives in amounts above those needed for adequate nutrition and 

health maintenance of the species at its specific stage of life;

(3) feed mammalian or poultry slaughter products to aquatic animals;

(4) use feedstuffs extracted with synthetic solvents not approved on 205.611;

(5) use feed, feed additives, and feed supplements in violation of the U.S. Federal Food, Drug, and 

Cosmetic Act; or

(6) use any genetically modified organism, or any organism produced by any other excluded method 

provided in § 205.2 Terms defined, or product thereof, as a feed ingredient.

(k) Fish meal or fish oil may not be sourced from any fishery classified by relevant state/provincial, national, or 

international fisheries authorities as follows: “at risk of reduced reproductive capacity;” “suffering reduced 

reproductive capacity;” “harvested outside precautionary limits;” “over-exploited;” “depleted;” “overfished;” 

“overfishing is occurring;” or any other comparable classification, or at significant risk of those conditions within 

the next recruitment cycle.

(l) For fish meal and fish oil from wild fish used in organic feeds, levels of unavoidable residual environmental 

contaminants, including persistent bioaccumulative toxins (PBTs) and mercury, cadmium, lead, arsenic and tin 

must be less than or equal to the lowest levels found in commercially available fish meal and fish oil, provided, 

however, that the comparable products are classes of fish meal and fish oil allowed in this section, and do not 

include those produced with volatile organic solvents not allowed under § 205.611. Fish oil must be treated with 

activated carbon, which may include synthetic activated carbon, or any process using water as a solvent, for 

removal of contaminants.

(m) Supplementation of fish meal and fish oil from other non-organic aquatic feed products not specifically 

allowed in this section is prohibited.
§ 205.300 Use of the term, “organic.”

§ 205.301 Product composition.

(a) Products sold, labeled, or represented as “100 percent organic.” A raw or processed agricultural product 

sold, labeled, or represented as “100 percent organic” must contain (by weight or fluid volume, excluding water 

and salt) 100 percent organically produced ingredients. If labeled as organically produced, such product must be 

labeled pursuant to §205.303.

(b) Products sold, labeled, or represented as “organic.” A raw or processed agricultural product sold, labeled, or 

represented as “organic” must contain (by weight or fluid volume, excluding water and salt) not less than 95 

percent organically produced raw or processed agricultural products. Any remaining product ingredients must be 

organically produced, unless not commercially available in organic form, or must be nonagricultural substances or 

nonorganically produced agricultural products produced consistent with the National List in subpart G of this part. 

If labeled as organically produced, such product must be labeled pursuant to §205.303.

1) Aquatic animals (and their products) that have been fed environmentally responsible wild caught fish 

meal or oil as a feed supplement pursuant to 205.612, and that are used as ingredients, must indicate (Fed 

environmentally responsible wild caught fish) next to the name of the fish.

(e) Livestock feed. 

(1) A raw or processed livestock feed product sold, labeled, or represented as “100 percent organic” must 

contain (by weight or fluid volume, excluding water and salt) not less than 100 percent organically 

produced raw or processed agricultural product.

(2) A raw or processed terrestrial livestock feed product sold, labeled, or represented as “organic” must be 

produced in conformance with §205.237.

(3) A raw or processed aquatic animal feed product sold, labeled, or represented as “organic” must be 

produced in conformance with §205.252

§ 205.303 Packaged products labeled “100 percent organic” or “organic.”

(b) Agricultural products in packages described in §205.301(a) and (b) must:

(1) For products labeled “organic,” identify each organic ingredient in the ingredient statement with the 

word, “organic,” or with an asterisk or other reference mark which is defined below the ingredient 

statement to indicate the ingredient is organically produced. Water or salt included as ingredients cannot 

be identified as organic.

(i) For aquatic animals fed wild caught fish meal or oil as a feed supplement pursuant to 205.612 

must indicate (Fed environmentally responsible wild caught fish) on the label directly beneath or 

next to the name of the fish.

§ 205.306 Labeling of livestock feed.

(a) Livestock feed products described in § 205.301(e)(1), (e)(2) and (e)(3) may display on any package panel the 

following terms:

(1) The statement, “100 percent organic” or “organic,” as applicable, to modify the name of the feed 

product;
(2) The USDA seal;

(3) The seal, logo, or other identifying mark of the certifying agent which certified the production or 

handling operation producing the raw or processed organic ingredients used in the finished product, 

Provided, That, such seals or marks are not displayed more prominently than the USDA seal;

(4) The word, “organic,” or an asterisk or other reference mark which is defined on the package to 

identify ingredients that are organically produced. Water or salt included as ingredients cannot be 

identified as organic.

(c) Livestock feed products described in § 205.301(e)(1), (e)(2) and (e)(3) must:

(i) On the information panel, below the information identifying the handler or distributor of the product 

and preceded by the statement, “Certified organic by...,” or similar phrase, display the name of the 

certifying agent that certified the handler of the finished product. The business address, Internet address, 

or telephone number of the certifying agent may be included in such label.

(ii) Comply with other Federal agency or State feed labeling requirements as applicable.

§ 205.308 Agricultural products in other than packaged form at the point of retail sale that are sold, 

labeled, or represented as “100 percent organic” or “organic.”

(a) Agricultural products in other than packaged form may use the term, “100 percent organic” or “organic,” as 

applicable, to modify the name of the product in retail display, labeling, and display containers: Provided, That, 

the term, “organic,” is used to identify the organic ingredients listed in the ingredient statement.

(1) If fish is labeled as “organic” and fed wild caught fish meal or oil as a feed supplement pursuant to 

205.612, the label, display and display containers must indicate (Fed environmentally responsible wild 

caught fish) directly beneath or next to the name of the fish.

(d) Livestock feeds produced in accordance with the requirements of this part must be labeled in accordance with 

the requirements of § 205.306.

§ 205.609 Synthetic substances allowed for use in organic aquatic plant production. 

[Reserved]

§ 205.610 Nonsynthetic substances prohibited for use in organic aquatic plant production. 

[Reserved]

§ 205.611 – Synthetic substances allowed for use in organic aquatic animal production.

In accordance with restrictions specified in this section the following synthetic substances may be used in organic 

aquatic animal production:

a) As disinfectants, sanitizer, and medical treatments as applicable.

b) As topical treatment, external parasiticide or local anesthetic as applicable.

c) As feed supplements—None.

d) As feed additives.
(e) As synthetic inert ingredients as classified by the Environmental Protection Agency (EPA), for use with 

nonsynthetic substances or synthetic substances listed in this section and used as an active pesticide 

ingredient in accordance with any limitations on the use of such substances.

(f) Excipients, only for use in the manufacture of drugs used to treat organic livestock when the excipient 

is: Identified by the FDA as Generally Recognized As Safe; Approved by the FDA as a food additive; or 

Included in the FDA review and approval of a New Animal Drug Application or New Drug Application.

(g)–(z) [Reserved]

§ 205.612 Nonsynthetic substances prohibited for use in organic aquatic animal production.

The following nonsynthetic substances may not be used in organic aquatic animal production:

(a) Fish meal and fish oil from wild caught fish and other wild aquatic animals, Except if produced from 

environmentally responsible food grade wild caught fisheries and fed in the following step-wise levels: a 

maximum combined total of 25% during year 1 through 5 after this regulation is implemented, a maximum 

combined total of 15% during year 6 through 8, and a maximum combined total of 10% during year 9 through 

year 10, and a maximum combined total of 5% during year 11 and 12, with the percentages by weight of feed 

being averages over the production cycle of the aquatic animal.

(1) fish meal and fish oil may not be stabilized with synthetic stabilizers unless allowed on §205.611

(b) Feed from forage fisheries

(c) –(z) [Reserved]