To amend the National Aquaculture Act of 1980 to prohibit the issuance of permits for marine aquaculture facilities until requirements for such permits are enacted into law.

September 29, 2004

Ms. MURKOWSKI introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

To amend the National Aquaculture Act of 1980 to prohibit the issuance of permits for marine aquaculture facilities until requirements for such permits are enacted into law.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Natural Stock Conservation Act of 2004'.

SEC. 2. PROHIBITION ON PERMITS FOR AQUACULTURE.

The National Aquaculture Act of 1980 (16 U.S.C. 2801 et seq.) is amended--

(1) by redesignating sections 10 and 11 as sections 11 and 12 respectively; and

(2) by inserting after section 9 the following new section:

prohibition on permits for aquaculture

`SEC. 10. (a) IN GENERAL- The head of an agency with jurisdiction to regulate aquaculture may not issue a permit or license to permit an aquaculture facility located in the exclusive economic zone to operate until after the date on which a bill is enacted into law that--

`(1) sets out the type and specificity of the analyses that the head of an agency with jurisdiction to regulate aquaculture shall carry out prior to issuing any such permit or license, including analyses related to--

`(A) disease control;

`(B) structural engineering;

`(C) pollution;

`(D) biological and genetic impacts;

`(E) access and transportation;

`(F) food safety; and

`(G) social and economic impacts of such facility on other marine activities, including commercial and recreational fishing; and

`(2) requires that a decision to issue such a permit or license be--

`(A) made only after the head of the agency that issues such license or permit consults with the Governor of each State located within a 200-mile radius of the aquaculture facility; and

`(B) approved by the regional fishery management council that is granted authority under title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) over a fishery in the region where the aquaculture facility will be located.

`(b) DEFINITIONS- In this section:

`(1) AGENCY WITH JURISDICTION TO REGULATE AQUACULTURE- The term `agency with jurisdiction to regulate aquaculture' means each agency and department of the United States, as follows:

`(A) The Department of Agriculture.

`(B) The Coast Guard.

`(C) The Department of Commerce.

`(D) The Environmental Protection Agency.

`(E) The Department of the Interior.

`(F) The U.S. Army Corps of Engineers.

`(2) EXCLUSIVE ECONOMIC ZONE- The term `exclusive economic zone' has the meaning given that term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

`(3) REGIONAL FISHERY MANAGEMENT COUNCIL- The term `regional fishery management council' means a regional fishery management council established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)).'.

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