Abstract: Open ocean aquaculture is broadly defined as the rearing of marine organisms in exposed areas beyond significant coastal influence. Open ocean aquaculture employs less control over organisms and the surrounding environment than do inshore and land-based aquaculture, which are often undertaken in enclosures, such as ponds. When aquaculture operations are located beyond coastal state jurisdiction, within the U.S. Exclusive Economic Zone (EEZ; generally 3 to 200 nautical miles from shore), they are regulated primarily by federal agencies. Thus far, only a few aquaculture research facilities have operated in the U.S. EEZ. To date, all commercial aquaculture facilities have been sited in nearshore waters under state or territorial jurisdiction.

Development of commercial aquaculture facilities in federal waters is hampered by an unclear regulatory process for the EEZ, and technical uncertainties related to working in offshore areas. Regulatory uncertainty has been identified by the Administration as the major barrier to developing open ocean aquaculture. Uncertainties often translate into barriers to commercial investment. Potential environmental and economic impacts and associated controversy have also likely contributed to slowing expansion.

Proponents of open ocean aquaculture believe it is the beginning of the “blue revolution” — a period of broad advances in culture methods and associated increases in production. Critics raise concerns about environmental protection and potential impacts on existing commercial fisheries. Potential outcomes are difficult to characterize because of the diverse nature of potential operations and the lack of aquaculture experience in open ocean areas.

The Natural Stock Conservation Act of 2007 was introduced as S. 533 on February 8, 2007. This legislation would amend the National Aquaculture Act of 1980 to prohibit the issuing of permits for marine aquaculture in the EEZ until requirements for permits are enacted into law. The National Offshore Aquaculture Act of 2007 was introduced as H.R. 2010 in the House on April 24, 2007, and as S. 1609 in the Senate on June 13, 2007, both by request of the Administration. The legislation focuses on the development of a framework for issuing permits to operate in the EEZ. At the time S. 1609 was introduced, four amendments were referred to the Committee on Commerce, Science, and Transportation concerning environmental risks, comprehensive research and development, domestic ownership, and a prohibition on finfish aquaculture off the coast of Alaska.

This report discusses four general areas: (1) operational and business-related challenges; (2) potential economic impacts; (3) potential environmental impacts; and (4) the legal and regulatory environment. It summarizes recent executive and legislative branch actions. Significant questions remain about whether an appropriate mechanism exists for any federal agency to provide an open ocean aquaculture lease with the necessary property rights to begin construction and operation. Policy makers and regulators will be challenged to weigh the needs of a developing industry against potential environmental and social impacts.

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Topics: Water, Biodiversity