Prevention of Escapement of Genetically Altered Salmon in the United States Act

To prevent the escapement of genetically altered salmon in the United States, and for other purposes. 1. Short title This Act may be cited as the Prevention of Escapement of Genetically Altered Salmon in the United States Act 2. Prohibition on sale of genetically altered salmon (a) Prohibition It shall be unlawful for a person— (1) to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate or foreign commerce; (2) to have custody, control, or possession of, with the intent to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate commerce; (3) to engage in net-pen aquaculture of covered fish; (4) to release a covered fish into a natural environment; or (5) to have custody, control, or possession of a covered fish with the intent to release it into a natural environment. (b) Exception Subsection (a) shall not apply to a fish, fish part, or product— (1) under confined use, or intended for confined use, for scientific research; (2) collected for the purpose of enforcing this Act; or (3) if the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Director of the United States Fish and Wildlife Service and any other Federal, State, or tribal entity the Under Secretary considers appropriate, reviews any application requesting an action by a department or agency of the Federal government to permit an act prohibited under subsection (a), including any environmental assessment prepared as part of that application, and— (A) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) finds the application to be consistent with an environmental impact statement prepared by the Under Secretary in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (i) an environmental risk analysis that assesses the potential direct and indirect impacts from escapement of covered fish on wild and cultured fish stocks and environments that may be exposed to such covered fish; (ii) a failure mode and effects analysis that quantitatively assesses the best- and worst-case probabilities of failure of each applicable confinement technique; (iii) an assessment of the costs of control or eradication of escaped covered fish; and (iv) an assessment of the potential economic damage in terms of loss of production or sales to relevant wild and cultured fish stocks and environments from the escapement of covered fish. (c) Environmental impact considerations (1) Notice Each agency, department, or other unit of the Federal Government shall promptly notify the Under Secretary of Commerce for Oceans and Atmosphere when an action involving covered fish, or a product containing covered fish is first identified by such unit. (2) Ensuring compliance The Under Secretary of Commerce for Oceans and Atmosphere, in cooperation with each Federal, State, or tribal entity that the Under Secretary considers appropriate, may monitor any mitigation measures proposed under subsection (b)(3) to ensure implementation and compliance therewith. (3) Provisions as complementary The provisions of this Act are in addition to, and shall not affect the operation of, other Federal, State, or local laws regulating a covered fish, or a product containing covered fish. (d) Rules and regulations The Secretary shall prescribe such rules and regulations as the Secretary considers necessary to carry out the provisions of this Act. 3. Enforcement and penalties (a) Enforcement The Secretary of Commerce may enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties provided under sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 (b) Penalties A person who violates section 2 shall be subject to the penalties, and entitled to the privileges and immunities, under sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 4. Report on risks to wild fish stocks Not later than 180 days after the date of enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives the report under section 1007 of the Food and Drug Administration Amendments Act of 2007 ( 21 U.S.C. 2106 5. Definitions In this Act: (1) Confined use The term confined use (2) Covered fish The term covered fish (3) Finding of no significant impact The term finding of no significant impact (4) Product The term product

Summary: Prevention of Escapement of Genetically Altered Salmon in the United States Act This bill prohibits a person from: shipping, transporting, offering for sale, selling, or purchasing a genetically altered finfish, or a food product containing those fish, in commerce; having custody, control, or possession of those fish or food products with the intent to ship, transport, offer for sale, sell, or purchase them in commerce; engaging in net-pen aquaculture (pens of fish contained by nets) of those fish; releasing those fish into a natural environment; or having custody, control, or possession of those fish with the intent to release them into a natural environment. Fish, fish parts, or products confined for scientific research or collected to enforce this Act are exempted from the prohibition. An additional exemption is established if the National Oceanic and Atmospheric Administration (NOAA): (1) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 after reviewing an application requesting a federal agency to permit activity prohibited by this Act, or (2) finds the application to be consistent with an environmental impact statement that includes an environmental risk analysis and specified assessments of costs and potential economic damage. Each federal agency must promptly notify NOAA when an action involving those fish or food products is first identified by the agency. The Department of Commerce may enforce penalties for violations of this Act under specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act.