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Open-ocean aquaculture is expanding, but this growth has had serious environmental consequences. A healthy ocean and a vibrant seafood industry are critical to America’s environmental and economic future. Driven in part by the decline of wild fish, aquaculture, or “fish farming,” is expanding rapidly worldwide. Nearly one half of the world’s seafood supply now comes from farming operations on land and in the ocean. But this growth, especially of ocean fish farming, also known as open-ocean aquaculture, has had serious environmental consequences overseas where the industry is more established. In the United States, plans are afoot to grow domestic aquaculture five-fold by 2025.1 In 2007, the National Oceanic and Atmospheric Administration (NOAA) - the lead federal agency with authority to regulate fisheries in U.S. waters announced intentions to nearly triple ocean fish farming by 2017, a prospect that presents a threat to ocean ecosystems that Congress must not ignore.2 Right now, ocean fish farming in the US is governed by a piecemeal regulatory patchwork of disjointed laws and overlapping but incomplete authority. Recently, Congresswoman Lois Capps (D-CA) introduced environmentally-protective legislation to create a comprehensive federal permitting and regulatory system for offshore aquaculture, accompanied by an ecologicallybased research program. H.R. 4363, the National Sustainable Offshore Aquaculture Act of 2009, introduced on December 16, 2009, establishes a system to help ensure that any openocean aquaculture in the U.S. avoids the adverse impacts on marine ecosystems, human health, and coastal communities that have accompanied the industry’s development elsewhere. Photo: Kypp Pollack / Marine Photobank A Precautionary Approach to U.S. Open-Ocean Aquaculture A diver next to an offshore aquaculture pen. Photo: Kydd Pollack / Marine Photobank. Risks of Open-Ocean Aquaculture To date, promoters of domestic open-ocean aquaculture have downplayed the significant risks that could accompany the growth of such an industry in the US. A large body of peerreviewed scientific literature has identified a host of risks and impacts, including: • Escapes: Aquaculture is known to be a major source for the introduction of exotic species, causing concern over the ecological impacts that escaped farmed species can have on wild fish.3 Escaped fish compete with wild fish for food and habitat, transmit diseases, and prey on and breed with local fish, reducing the health of wild populations. • Diseases and Parasites: Intensive fish culture has been involved in the introduction and/or amplification of pathogens and disease in wild fish populations.4 • Nutrient and Habitat Impacts: By design, untreated wastes from open net pen systems are released directly into nearby bodies of water, which can negatively impact the surrounding environment.5 Waste and uneaten food can build up on the ocean floor beneath pens, altering species abundance and community biodiversity. • Impacts on Predator Populations: The presence of captive fish held in high density attracts predators such as birds, sharks, and marine mammals. Techniques to keep some of these predators at bay can impact their natural behavior and pose entanglement and drowning risks.6 • Drugs and Chemicals: Aquaculture often relies on the use of chemicals including antibiotics, pesticides, and antifoulants.7 In some cases, use of antibiotics has resulted in bacterial resistance in the environment8 and has influenced antibiotic resistance in humans.9 • Increased Fishing Pressure on Wild Environmental Impacts of Open-Ocean Aquaculture Fish Meal & Fish Oil Drugs & Chemicals Using wild-caught fish to feed farmed fish puts additional pressure on these populations and can impact other wildlife that depends on them for food. Rx When used, antibiotics, parasiticides, and other chemicals flow out of pens and can affect wild fish as well as the broader marine ecosystem. Fish Stocks: Though counterintuitive, farming of fish can actually increase pressure to catch wild fish. Feed for many farmed species contains high percentages of fish meal and fish oil that come from wild-caught fish.10 To feed their livestock, the fish farming industry is creating pressure to remove key food sources on which economically and environmentally important wild species depend.11 • Socioeconomic Impacts: Farmed fish compete with wild fish in the marketplace.12 While price competition may be good for consumers, it can result in negative impacts on communities dependent on wild fish, including industry consolidation, overproduction and elevated fishing pressure on wild fish stocks as fishermen try to catch more to make up for lower prices at market. The Need for a National Framework Diseases & Parasites Disease, pathogens, and parasites can multiply in crowded pens and rapidly spread to wild fish. Escaped Fish Escaped fish compete for food and habitat, transmit diseases, and prey on and breed with local fish, reducing the health of wild populations. Fish Waste Fish waste flows out into the ocean, adding potentially harmful extra nutrients to the ecosystem. Uneaten food can also build up on the ocean floor underneath pens, altering the abundance and biodiversity of these communities. Predators Seals, sea lions, sharks, birds, and other marine wildlife can become entangled in fish pens. The use of deterrents like underwater loudspeakers can alter the natural behavior of predators. Produced by Ocean Conservancy Responding to these real and well-documented risks, Congresswoman Capps has introduced legislation to ensure that the expansion of this new industry in U.S. federal waters does not proceed without strong, performance-based environmental, socio-economic, and liability standards. Previous attempts to pass federal legislation were strongly opposed by both the fishing and conservation communities because the legislation lacked the necessary protection for ocean ecosystems. In the absence of federal legislation, regional expansion of the industry is quietly proceeding. In September 2009, the Secretary of Commerce allowed the legally-dubious “Aquaculture Fishery Management Plan” to go into effect in the Gulf of Mexico, paving the way for industry expansion in those important waters. Meanwhile, in California, Hubbs-SeaWorld Research Institute is attempting to navigate the current regulatory process hoping to install the first commercial fish farm in federal waters, located five miles west of San Diego. Finally, plans for un-anchored, self-positioning fish farm cages have just been approved in Hawaiian state waters which could pave the way for additional development in offshore waters as well. However, a precautionary national framework is urgently needed in advance of industry development. Provisions of a Precautionary Approach An overarching federal framework, with nationwide standards, is needed to help ensure aquaculture development in offshore waters is ecologically sustainable. Such a framework must adopt the precautionary approach13 as its operating principle and establish a priority for the protection of wild fish, functional ecosystems, and coastal and fishing-dependent communities. The National Sustainable Offshore Aquaculture Act of 2009 is an opportunity to protect the U.S. from the risks of poorly regulated open ocean aquaculture. The National Sustainable Offshore Aquaculture Act of 2009 will: • Require regional environmental impact statements that explicitly address the impacts of industry expansion, before any commercial permits are granted. • Implement a The Precautionary Principle: “Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.” -Principle 15-Rio Declaration on Environment and Development, June 14, 1992. comprehensive, ecologically-based research program to ensure that critical environmental and socio-economic information is integrated into a precautionary federal permitting system. • Enforce specific, legally-binding standards for: » Fish Escapes: Only native fish, genetically similar to their wild counterparts, and never genetically modified, may be farmed in U.S. federal waters. All farmed fish must be marked or tagged for identification in the event of escapement. » Disease Transfer: Antibiotics and other drugs may only be used in the open-ocean to treat a diagnosed condition. In all cases, fish farmers must minimize the use of drugs and chemicals and always choose the treatment option with least environmental impact. » Nutrient Impacts: Fish farms must meet measurable, numeric standards for discharging nutrients into the ocean, and permitting decisions must consider the impact of multiple farms on the surrounding ecosystem. » Interactions with Marine Wildlife: Fish farmers must use non-lethal predator deterrents and prevent the disruption of wildlife or their use of critical habitats. Underwater acoustic deterrent devices are specifically prohibited. • Collect permit fees and resource use fees to cover program administration and a reasonable portion of the value of the use of our public ocean resources. • Limit permits to a 10-year period with annual Secretarial review to provide business certainty while ensuring continued environmental compliance. • Show a preference for technologies that substantially exceed permit requirements. • Prohibit siting of aquaculture facilities in specific sensitive marine habitats, including marine reserves and National Marine Sanctuaries, or on oil and gas platforms. • Require operators to monitor and report on environmental performance, while mandating that federal regulators evaluate this information and make the findings available to the public. • Provide sufficient authority to federal regulators to modify, suspend or revoke permits for violations or emergence of new information. • Give a strong voice to fishing communities through the regional fishery management councils, including requirements that aquaculture not impede access to fish stocks. • Enable states to determine if they wish to participate in marine fish farming off their coasts, while not overriding their existing authority granted under the Coastal Zone Management Act. • Require open-ocean aquaculture to be integrated with future federal marine spatial planning efforts, in recognition of the nation’s move toward ecosystem-based management. » Use of Wild Fish for Feed: Fish meal and fish oil may only come from abundant wild stocks with ecosystembased management measures in place, while using alternatives to wild fish in feed compounds as much as possible. » Impacts on Fisheries: Permits must include terms and conditions necessary to minimize the displacement and economic harm that fish farm operations may have on fishing communities. • Provide financial guarantees and liability provisions to address potential environmental damage from aquaculture operations. Fish pen off the coast of Hawaii. Photo: Kate Naughten / NOAA Cobia in a surface cage, Belize. © Eric Punkay Window of Opportunity Now is the time for strong leadership from members of Congress on the future of open-ocean aquaculture in the United States. If Congress fails to act, a piecemeal, poorlyregulated industry is likely to develop with potentially severe environmental consequences. But with bold action, Congress can ensure an overarching national vision for environmentally responsible ocean fish farming and develop the legislative framework necessary to ensure strong protection of U.S. waters. Doing anything less is a gamble with our oceans that we simply should not take. How the American People Can Help: • Stay Informed: Check Ocean Conservancy’s website for updated information related to open-ocean aquaculture and other issues affecting our ocean. www.oceanconservancy.org • Get Active: Join Ocean Conservancy’s online community to receive up-to-the-minute information on how to ensure your voice is heard in Washington on attempts to craft a strong, precautionary national framework. • Write your Member of Congress: Bold national leadership is needed to regulate offshore fish farming in our ocean. Urge your elected officials to be a part of the solution by advocating for strong national standards. Contact: George Leonard, Aquaculture Program Director Ocean Conservancy 55 C Municipal Wharf Santa Cruz, CA 95060 (831) 471-2755 James Ferro, Aquaculture Policy Analyst Ocean Conservancy 1300 19th Street, NW 8th Floor Washington, DC 20036 (202) 429-5609 [email protected] References 1. United States Department of Commerce. 1999. Aquaculture Policy. Online: http://aquaculture.noaa.gov/pdf/18_docaqpolicy.pdf. Accessed on January 5, 2009. 2. National Oceanic and Atmospheric Administration. 2007. 10-Year Plan for Marine Aquaculture (October). Online: http://aquaculture.noaa.gov/about/ tenyear.html. Accessed on January 5, 2009; Nash, C.E. 2004. Achieving policy objectives to increase the value of the seafood industry in the United States: the technical feasibility and associated constraints. Food Policy 29(6):621-641. 3. Naylor, R., S.L. Williams and D.R. Strong. 2001. Aquaculture- A gateway for exotic species. Science 294:1655-1656. 4. Blazer, V. S., & S.E. LaPatra. 2002. Pathogens of cultured fishes: potential risks to wild fish populations. In J. Tomasso, Aquaculture and the Environment in the United States (pp. 197-224). Baton Rouge, LA: U.S. Aquaculture Society, A Chapter of the World Aquaculture Society. 5. Wu, R.S.S. 1995. The environmental impact of marine fish culture: towards a sustainable future. Marine Pollution Bulletin 31:159-166; Hardy, R.W. 2000. Fish feeds and nutrition: urban legends and fish nutrition. Aquaculture Magazine 26(6):47-50. 6. Galaz, T. & A. de Maddalena. 2004. On a great white shark trapped in a tuna cage off Libya, Mediterranean Sea. Annales Series Historia Naturalis 14:159-163; NOAA Small Business Innovation Research Program. 2005. Development of effective and low cost predator exclusion devices for offshore aquaculture facilities in the United States EEZ. Contract No. DG133R05-CN-1200: Snapperfarm, Inc.; Upton, H.F., E.H. Buck & R. Borgatti. 2007. Open Ocean Aquaculture CRS Report for Congress. Congressional Research Service, Order Code RL32694. 7. Tacon, A.G. & I.P. Forster. 2000. Global trends and challenges to aquaculture and aquafeed development in the new millennium. In International Aquafeed- Directory and Buyers’ Guide 2001 (pp. 4-25). Uxbridge, UK: Turret RAI. 8. Kerry, J., R. Coyne, D. Gilroy, M. Hiney & P. Smith. 1996. Spatial distribution of oxytetracycline and elevated frequencies of oxytetracycline resistance in sediments beneath a marine salmon farm following oxytetracycline therapy. Aquaculture 145:31-39. 9. Sapkota, A., A.R. Sapkota, M. Kucharski, J. Burke, S. McKenzie, P. Walker, P., et al. 2008. Aquaculture practices and potential human health risks: current knowledge and future priorities. Environment International 34:1215-1226. 10. Tacon, A. G., & M. Metian. 2008. Global overview on the use of fish meal and fish oil in industrially compounded aquafeeds: Trends and future prospects. Aquaculture 285:146-158. 11. Tacon, A. et al. “Use of Fishery Resources as Feed Inputs to Aquaculture Development: Trends and Policy Implications.” FAO Fisheries Circular No. 1018, Food and Agriculture Organization of the United Nations, Rome, 2006. 12. Knapp, G., C. A. Roheim and J. L. Anderson. 2007. The great salmon run: competition between wild and farmed salmon. TRAFFIC North America. World Wildlife Fund, Washington, D.C. 13. Bowling, T. 2008. Facing Uncertainty: Local Governments and the Precautionary Principle. National Sea Grant Law Center. MASGP 08020. Online: http://nsglc.olemiss.edu/Precautionary%20Principle.pdf. Accessed on January 7, 2010. 1300 19th St, NW, 8th Floor | Washington, DC 20036 1.800.519.1541 | www.oceanconservancy.org