I 
114TH CONGRESS 
1ST SESSION 
H. R. 394 
To prevent the escapement of genetically altered salmon in the United States, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 14, 2015 
Mr. YOUNG of Alaska (for himself, Mr. JONES, Mr. THOMPSON of California, 
Mr. DEFAZIO, and Mr. HUFFMAN) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To prevent the escapement of genetically altered salmon in 
the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prevention of 
Escapement of Genetically Altered Salmon in the United 
States Act’’. 
SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED 
SALMON. 
(a) PROHIBITION.—It shall be unlawful for a per-
son— 
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(1) to ship, transport, offer for sale, sell, or 
purchase a covered fish, or a product containing cov-
ered 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 envi-
ronment; or 
(5) to have custody, control, or possession of a 
covered fish with the intent to release it into a nat-
ural 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 
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any application requesting an action by a depart-
ment 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 im-
pact in accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); or 
(B) finds the application to be consistent 
with an environmental impact statement pre-
pared by the Under Secretary in accordance 
with section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332) 
that includes— 
(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 envi-
ronments that may be exposed to such cov-
ered fish; 
(ii) a failure mode and effects analysis 
that quantitatively assesses the best- and 
worst-case probabilities of failure of each 
applicable confinement technique; 
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(iii) an assessment of the costs of con-
trol or eradication of escaped covered fish; 
and 
(iv) an assessment of the potential 
economic damage in terms of loss of pro-
duction or sales to relevant wild and cul-
tured 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 Sec-
retary 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 com-
pliance 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 
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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 con-
siders necessary to carry out the provisions of this Act. 
SEC. 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 Manage-
ment Act (16 U.S.C. 1858, 1859, 1860, and 1861). 
(b) PENALTIES.—A person who violates section 2 
shall be subject to the penalties, and entitled to the privi-
leges and immunities, under sections 308, 309, 310, and 
311 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858, 1859, 1860, and 
1861). 
SEC. 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 Com-
merce, Science, and Transportation of the Senate and the 
Committee on Natural Resources of the House of Rep-
resentatives the report under section 1007 of the Food 
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and Drug Administration Amendments Act of 2007 (21 
U.S.C. 2106). 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) CONFINED USE.—The term ‘‘confined use’’ 
means any operation, undertaken within a secured, 
land-based facility, that involves a covered fish con-
trolled by specific measures that effectively prevent 
the covered fish from having contact with and im-
pact on the external environment, including biologi-
cal and physical confinement measures. 
(2) COVERED FISH.—The term ‘‘covered fish’’ 
means any finfish, live or dead, including the 
gametes, fertilized eggs, offspring, and descendants 
thereof, that is modified or produced through the 
application of recombinant deoxyribonucleic acid 
(DNA) technologies, using DNA from an organism’s 
own genome or that of another species, that over-
come natural physiological reproductive barriers and 
that are not techniques used in traditional breeding 
and selection. 
(3) FINDING OF NO SIGNIFICANT IMPACT.—The 
term ‘‘finding of no significant impact’’ has the 
meaning given the term in section 1508.13 of title 
40, Code of Federal Regulations. 
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(4) PRODUCT.—The term ‘‘product’’ means an 
item manufactured or produced for sale or use as 
food. 
Æ 
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