II 

110TH CONGRESS 

2D SESSION S. 533 

To amend the National Aquaculture Act of 1980 to prohibit the issuance 

of permits for marine aquaculture facilities until requirements for the 

permits are enacted into law. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2007 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the National Aquaculture Act of 1980 to prohibit 

the issuance of permits for marine aquaculture facilities 

until requirements for the permits are enacted into law. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Natural Stock Con5 servation Act of 2007’’. 

6 SEC. 2. PROHIBITION ON PERMITS FOR AQUACULTURE. 

7 The National Aquaculture Act of 1980 (16 U.S.C. 

8 2801 et seq.) is amended— 

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•S 533 IS

1 (1) by redesignating sections 10 and 11 (16 

2 U.S.C. 2809, 2810) as sections 11 and 12 respec3 tively; and 

4 (2) by inserting after section 9 (16 U.S.C. 

5 2808) the following: 

6 ‘‘SEC. 10. PROHIBITION ON PERMITS FOR AQUACULTURE. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) AGENCY WITH JURISDICTION TO REGU9 LATE AQUACULTURE.—The term ‘agency with juris10 diction to regulate aquaculture’ means— 

11 ‘‘(A) the Department of Agriculture; 

12 ‘‘(B) the Coast Guard; 

13 ‘‘(C) the Department of Commerce; 

14 ‘‘(D) the Environmental Protection Agen15 cy; 

16 ‘‘(E) the Department of the Interior; and 

17 ‘‘(F) the Army Corps of Engineers. 

18 ‘‘(2) EXCLUSIVE ECONOMIC ZONE.—The term 

19 ‘exclusive economic zone’ has the meaning given the 

20 term in section 3 of the Magnuson-Stevens Fishery 

21 Conservation and Management Act (16 U.S.C. 

22 1802). 

23 ‘‘(3) REGIONAL FISHERY MANAGEMENT COUN24 CIL.—The term ‘regional fishery management coun25 cil’ means a regional fishery management council esmstockstill on PROD1PC66 with BILLS

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1 tablished under section 302(a) of the Magnuson-Ste2 vens Fishery Conservation and Management Act (16 

3 U.S.C. 1852(a)). 

4 ‘‘(b) PROHIBITION ON PERMITS FOR AQUA5 CULTURE.—The head of an agency with jurisdiction to 

6 regulate aquaculture may not issue a permit or license to 

7 permit an aquaculture facility located in the exclusive eco8 nomic zone to operate until after the effective date of a 

9 bill enacted into law that— 

10 ‘‘(1) sets out the type and specificity of the 

11 analyses that the head of an agency with jurisdiction 

12 to regulate aquaculture shall carry out prior to 

13 issuing any such permit or license, including anal14 yses related to— 

15 ‘‘(A) disease control; 

16 ‘‘(B) structural engineering; 

17 ‘‘(C) pollution; 

18 ‘‘(D) biological and genetic impacts; 

19 ‘‘(E) access and transportation; 

20 ‘‘(F) food safety; and 

21 ‘‘(G) social and economic impacts of the 

22 facility on other marine activities, including 

23 commercial and recreational fishing; and 

24 ‘‘(2) requires that a decision to issue such a 

25 permit or license be— 

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1 ‘‘(A) made only after the head of the agen2 cy that issues the license or permit consults 

3 with the Governor of each State located within 

4 a 200-mile radius of the aquaculture facility; 

5 and 

6 ‘‘(B) approved by the regional fishery man7 agement council that is granted authority under 

8 title III of the Magnuson-Stevens Fishery Con9 servation and Management Act (16 U.S.C. 

10 1851 et seq.) over a fishery in the region where 

11 the aquaculture facility will be located.’’. 

Æ 

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