The US must take the lead on aquacultures

US Key

The US must take the lead on aquacultures

Models are all that researchers have to go off when assessing the potential impact of increased fish farming, though. That’s because the United States is far from a leader in the industry — we’re way behind. Commercial fishing has remained stagnant while aquaculture is on the rise worldwide, but here in the U.S. we’re still importing farm-raised fish from other countries — places including China and Chile — instead of growing it ourselves. About 91 percent of our seafood originates abroad, and half of it comes from aquaculture. Kent says that system won’t last too long. “What’s happening on a global level is that the cost of seafood, because we keep seeing a need for more and more of it — populations are growing, people are eating more and more of it because it’s healthier for them — what’s happening is the economies in the world that are growing right now, like China, Brazil, where economies are starting to grow, their middle class is growing and their ability to buy seafood is increasing,” he explained. “And so the very countries like China that’s producing the majority of the seafood is keeping it now. So it’s becoming more and more expensive now for us to source the product here.” Kent also argues that we should actually want to produce our own seafood here. From a regulatory standpoint, Americans can have more faith in the quality of fish produced under regulations from our own government. “We are importing all of this seafood but it’s impossible for us to check it all for all of these chemicals,” he said, “so who knows how it was really grown? But if it’s grown here, unless the farmer is being illegal in his operation, it’d be illegal to do it. ” There’s plenty of opportunity for growing more protein from the sea here in the United States. Exclusive Economic Zones, EEZs, are the area of ocean over which a country has exclusive access to natural resources. The U.S. has the largest EEZ of any country on Earth. But we’re outsourcing our fish production instead of doing it ourselves. In 2010, the tiny country of Bangladesh — with an EEZ of a little over 78,000 square kilometers — produced 1,308,515 tons of aquaculture. The United States — whose EEZ is nearly twelve times the size — produced 495,499 tons.

U.S. funding is key to Aquaculture

John Corbin 2010, President at Aquaculture Planning and Advocacy LLC and advises the U.S. Secretary of Commerce, U.S. Department of Commerce on the management of the living marine resources and fisheries and aquaculture development."Marine Stock Enhancement, a Valuable Extension of Expanded U.S. Marine Aquaculture." Marine Technology Society Journal 44.3 (2010): 113-18.

The United States should take full advantage of its leadership position in this emerging, modernized field and the active collaboration of federal, state, university, and private research organizations pursuing responsible marine stock enhancement. The potential as a useful management tool is evident and the scientific literature is growing (Bell et al., 2008). However, uncertainties with large-scale application remain and increased federal research funding is needed (Mote, 2010; SCORE, 2010). importantly, research dollars spent on closing the life cycles and creation of mass production hatchery technologies for economically significant marine species will have a twofold benefit. Hatchery technologies can be applied by the private sector for commercial farming, such as sea cage culture in the EEZ, and by public purpose government and private agencies to produce fish and shellfish for stock enhancement of recreational and commercial fisheries.

U.S. must take the lead to gain the credibility to force other countries to follow.

Pew Oceans Commission 3 [State of the Oceans, June 4 2003]

The commission believes, however, that this nation must get its own house in order to first provide a solid foundation upon which to lead internationally. By establishing appropriate standards for sustaining marine species and ecosystems, the U.S. will be in a better position to use trade pressures – as it did successfully to protect sea turtles from unsustainable shrimp fisheries – or participate credibly in negotiations of ocean resource treaties. For example, only by adopting strong conservation standards for its domestic aquaculture industry can the U.S. establish the moral and legal authority to demand protective practices in other countries.

US fishing policy is critical to our overall leadership on global issues

U.S. Commission on Ocean Policy 4 (9-20, http://www.oceancommission.gov/documents/full_color_rpt/000_ocean_full_report.pdf)

Many nations border on, or have direct access to, the sea. All are affected by it. People everywhere have a stake in how well the oceans are managed, how wisely they are used, and how extensively they are explored and understood. For the United States, this means the oceans provide an ideal vehicle for global leadership. From international security to ocean resource management, education, scientific research, and the development of ocean-related technology, the United States can gain respect by demonstrating exemplary policies and achievements at home and seeking to spread positive results through collaborative efforts around the world.

US fishing policy gets modeled-empirics

NOAA 2013 (Improving international fishery management; report to congress; Jan; kdf)

With active involvement of the United States, the FAO has promoted actions to address IUU fishing activities by conducting studies, disseminating information, offering capacity building and institutional strengthening, and providing a global forum for States to formulate appropriate instruments. Since the 2011 Report to Congress, the FAO Secretariat presented to the 30th Session of COFI a paper on progress in combating IUU fishing through a number of initiatives discussed in this Part: adoption of the FAO Agreement on Port State Measures; training workshops to assist developing nations in implementing that Agreement; compiling a global record of fishing vessels; and developing criteria for evaluating flag State performance.

Modeling

Extend Cates- commercialization is necessary for the development of aquacultures-the aff guarantees its economic

Leschin-Hoar 2012 (Clare; The big blue: can deep-water fish farming be susatainable; MAr 23; grist.org/food/the-big-blue-can-deep-water-fish-farming-be-sustainable/; kdf)

He’s recently applied for permits for the next step, Velella Gamma, which will involve mooring the pod to a single point on the ocean floor and may require less staff monitoring. This stage will also involve placing the pod closer, into water depths of 6,000 feet. And the goal will be to move toward more automation. “Machines can work better in rough sea than people,” he adds. In the end, economics will likely dictate whether or not offshore aquaculture truly takes off in the next decade. “The great promise of aquaculture – the ‘Blue Revolution’ – is that it can produce a healthy and abundant supply of protein for a world that’s going to need a lot more of it, but you can only do that if you make the right choices of species,” says Mann. He worries that producers of larger fish are more motivated by the marketplace, than by a drive to feed the world sustainably. “You feed the world with shellfish and tilapia,” he says. “Not salmon or shrimp for $15 a pound.” Either way, Sims will continue to push the envelope. As he sees it, there’s been a lot of fear-mongering about aquaculture. And, like all food production, he stresses the how in the equation. “There’s a ground swell of recognition that this is a direction we have to go,” he says. “Let’s just do it right.”

Plan is modeled globally

Browdy and Hargreaves ‘08 [Craig L. Browdy, PhD, Senior Marine Scientist at the Waddell Mariculture Center, and John A. Hargreaves, PhD focus in Aquaculture from Louisiana State University, aquaculture expert with more than 30 years of experience in research, teaching, and development, “Overcoming Technical Barriers to the Sustainable Development of Competitive Marine Aquaculture in the United States,” http://www.nmfs.noaa.gov/aquaculture/docs/aquaculture_docs/noaanist_techbarriers_final.pdf]

In order to meet increasing demand for seafood and reduce rising trade deficits, the U.S. needs to enhance aquaculture production in land-based, nearshore and offshore sectors. Technologies and production methods for nearshore sea cage culture of a few species of finfish (e.g., salmon, trout) are well developed, however, suitable sites in protected waters are limited, and further ¶ development has been impeded by environmental concerns, disease and parasites, containment ¶ breaches, and multiple use conflicts. Technologies to improve environmental performance, create more secure containment barriers, manage fish health (diseases and parasites), reduce production costs (feed, labor) and produce new species for culture may result in expansion of nearshore cage culture. There is tremendous opportunity for expansion of cage culture in open ¶ ocean waters, however, the technology suitable for high energy ocean environments is in an early ¶ stage of development, and farms operating in exposed waters are small, production costs are ¶ high, and economic risk is not well known. Development and integration of technologies to a ¶ high level of automation for conducting routine operations is needed for offshore farming to ¶ expand. In addition, additional data on environmental effects of ocean farming at a commercial ¶ scale (e.g., 2-5,000 MT annual production) are needed in order to overcome impediments due to ¶ environmental concerns, and to inform the policy and regulatory framework for domestic ¶ offshore farming. ¶ Economic Significance of Innovation ¶ Restoring U.S. nearshore cage production to its 2001 peak would add approximately ¶ $80,000,000 in farm gate value to the existing sector. Additional production beyond that amount ¶ may or may not be possible due to space constraints. If technology for large scale offshore production could be achieved, (e.g., 50 U.S. farms each producing 5,000 MT) the farm gate value would be in the $1.5-2 billion by 2025, and perhaps double or triple that mount by 2050. In addition, technologies for offshore farming developed in the U.S, would be highly sought after internationally.

The US is a unique sustainability leader- NOAA leads global efforts and checks illegal practices

Smith 2-12-14 [Russell Smith, Deputy Assistant Secretary for International Fisheries, NOAA, “Commerce’s Smith on Support of International Fisheries Agreements,” http://iipdigital.usembassy.gov/st/english/texttrans/2014/02/20140214293095.html?CP.rss=true#axzz31L5oOxrk]

The United States is also one of the world’s largest importers and consumers of seafood. In 2011, seafood imports contributed 176,000 jobs, $48.4 billion in sales impacts, and $14.8 billion in value added impacts.3 As such, the United States is in a unique position to support sustainable fisheries around the world while providing a level playing field for our domestic fishermen. Working in collaboration with the Department of State and the U.S. Coast Guard, NOAA engages in international fisheries fora, such as Regional Fisheries Management Organizations (RFMOs), to ensure that global fish stocks are sustainably managed, including by ensuring that management is based on the best available science. As the United States is a leader in sustainably managing fisheries, often we seek to draw from our experience and convince RFMOs to apply, in the waters under their jurisdiction, management measures comparable to those applied in U.S. waters.¶ One of the greatest challenges to our international efforts to ensure the sustainable management of global fisheries is combating illegal, unreported, or unregulated (IUU) fishing. IUU fishing is a global problem that threatens ocean ecosystems and impacts fisheries, food security, and coastal communities around the world. Experts estimate the global value of economic losses from IUU fishing range between $10 and $23.5 billion.4 By circumventing conservation and management measures, companies and individuals engaging in IUU fishing cut corners and lower their operating costs. As a result, their illegally caught products provide unfair competition for law-abiding fishermen and seafood industries in the marketplace, and can undercut the sustainability of international and U.S. fisheries.5¶ U.S. accession to the four agreements before you today would greatly strengthen our ability to sustainably manage fisheries resources globally and combat IUU fishing. The agreements are: the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean (or North Pacific Convention); the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (or South Pacific Convention); the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (or NAFO Convention Amendment); and the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (or Port States Agreement).¶ These four treaties will directly benefit U.S. interests. The new RFMOs in the North and South Pacific and the existing RFMO in the Northwest Atlantic (NAFO) will have management authority for target stocks and bycatch species that straddle U.S. waters. By joining these organizations and strengthening their management regimes, the United States can promote the use of our strong fishery management principles internationally so that foreign fishing fleets abide by the same standards as our industry. In joining the new North and South Pacific RFMOs, we are also ensuring future economic opportunities for our domestic fishing interests. Although there is currently no U.S. industry operating within the North or South Pacific RFMOs, our membership will allow for the possibility of future engagement and provide the opportunity for the U.S. to influence the management and compliance monitoring measures adopted by these organizations.¶ The treaties also support the U.S. seafood industry and consumers by keeping illegal fisheries product out of U.S. and global markets. The North and South Pacific RFMOs and NAFO will implement new and strengthen existing management tools to combat IUU fishing within their areas. Moreover, the Port States Agreement will help to keep IUU fishing products from entering the market, and keep them from competing with U.S. caught, sustainably harvested, legal seafood -. Denying port entry and access to port services, and consequently preventing illegal seafood from entering trade, increases the costs associated with IUU fishing operations and removes the financial incentives for engaging in IUU fishing.¶ Lastly, these treaties will support international sustainable fisheries management and thereby improve food security globally. Seafood is a significant source of protein for nearly 3 billion people and is the planet's most highly traded food commodity, contributing to the livelihoods of more than 560 million people.6 IUU fishing threatens food security and socio-economic stability in many parts of the world by reducing the productivity and profitability of legitimate fisheries, including artisanal fisheries in coastal areas. By improving the management of fisheries through these new or updated RFMOs, coupled with the IUU fishing-combating Port States Agreement, the four treaties address food security in developing coastal states, in the United States and globally; and thereby support the political stability of U.S. interests worldwide.¶ I now will describe each of the four agreements and the benefits they would provide in more detail.¶ North Pacific and South Pacific Fisheries Conventions¶ The United States has worked for many years with other nations to improve the management of fisheries at the international level and to protect vulnerable marine ecosystems from the impacts of certain fishing practices on the high seas. The North¶ Pacific and South Pacific Conventions will advance U.S. interests in the effective management of high seas fisheries. U.S. participation in the Commissions established under the North Pacific and South Pacific Conventions will facilitate development of measures adopted for fisheries on the high seas of the Pacific Ocean that are compatible with measures adopted by the United States with respect to fisheries in adjacent waters under the fisheries jurisdiction of the United States. In addition, U.S. participation will ensure that future U.S. fishing interests subject to the North Pacific and South Pacific Conventions can be factored into allocation decisions. Furthermore, as both the South Pacific Convention area and the North Pacific Convention areas overlap with that of other Pacific RFMOs in which the United States is a party, U.S. participation will help to ensure a consistent approach to conservation and management among these RFMOs and across the Pacific.¶ North Pacific Convention¶ The North Pacific Convention establishes a new regional fisheries management organization, the North Pacific Fisheries Commission (NPFC), through which Parties will cooperate to ensure the long-term conservation and sustainable use of fisheries resources in the Convention Area while protecting the marine ecosystems of the North Pacific Ocean in which these resources occur. The North Pacific Convention Area is the high seas area (i.e., outside of 200-mile EEZs) roughly north of 20-degrees North latitude and south of the Aleutians. The specific geographic coordinates of the North Pacific Convention Area are delineated in Article 4 of the Convention. Cooperation under the North Pacific Convention will address fisheries resources not covered under pre-existing international fisheries management instruments and will help to prevent significant adverse impacts on vulnerable marine ecosystems on the high seas that may have impacts on fisheries resources in areas subject to U.S. jurisdiction. One of the general principles of the North Pacific Convention is that conservation and management measures established for straddling fish stocks on the high seas and those adopted for areas under national jurisdiction should be compatible to ensure conservation and management of these fisheries resources in their entirety.¶ The North Pacific Convention calls for a science-based and precautionary approach to the management of fisheries resources and a strong monitoring, control, and surveillance regime. It also will establish two committees, a Scientific Committee and a Technical and Compliance Committee, to carry out its functions. The North Pacific Convention will also allow for the meaningful participation of Taiwan as a fishing entity in the NPFC.¶ Of particular concern to the NPFC are bottom fisheries over seamounts that could have significant adverse impacts on vulnerable marine ecosystems. The participants to the negotiations of the North Pacific Convention have already agreed to interim measures to protect vulnerable marine ecosystems and the sustainable management of high seas bottom fisheries in the North Pacific Convention Area. The interim measures include requiring assessments prior to any fishing that demonstrate that contemplated fishing activities would not have significant adverse impacts on vulnerable marine ecosystems and sustainability of the fishery resources.¶ While there are presently no U.S. vessels fishing whose activities would be covered by the North Pacific Convention, there have been in the past and may be in the future. The United States is a coastal State with fisheries and marine habitats adjacent to the North Pacific Convention Area. Those fisheries can be impacted by management measures adopted by the North Pacific Commission.¶ For example, since 1986, NMFS has prohibited fishing in the U.S. EEZ for Pacific armorhead, one of the groundfish species that will be managed in the Convention area. Armorhead are overfished as a result of past over-exploitation by foreign vessels in international waters dating back to the 1970s or earlier. NMFS believes that continued exploitation outside our EEZ by foreign fleets has kept the stock in an overfished condition. The Hancock Seamounts are the only known armorhead habitat within our EEZ. These seamounts lie west of 180° W. and north of 28° N., to the northwest of Kure Atoll in the Northwestern Hawaiian Islands. The Western Pacific Fishery Management Council and NMFS have responded to the overfished condition of armorhead by implementing a moratorium on catching armorhead and related seamount groundfish. The Council and NMFS recognize that, because less than five percent of the armorhead habitat lies within U.S. jurisdiction, rebuilding of the stock must be accomplished through coordinated international management. The North Pacific Convention is an important vehicle to achieve such coordinated international management.¶ The United States also has fleets operating in the North Pacific Convention Area that are fishing for tunas, swordfish and other species that are subject to the jurisdiction of other RFMOs which could cooperate with the NPFC.¶ South Pacific Convention¶ The South Pacific Convention establishes a new regional fisheries management organization, the South Pacific Regional Fisheries Management Organization (SPRFMO) through which Parties will cooperate in the conservation and sustainable use of the high seas fishery resources in the South Pacific Ocean and safeguard the marine ecosystems in which these resources occur.¶ The South Pacific Convention applies to areas of the South Pacific outside national jurisdiction from Australia to South America. Some of these areas abut the U.S. EEZ. The initial objectives of the negotiators were to develop a management framework to control bottom fishing in the western Pacific, primarily by New Zealand, Australia, and Taiwan, and the jack mackerel fishery in the eastern Pacific, primarily by Chile, Peru, and the European Union. The United States was a primary participant in the negotiation of the South Pacific Convention. SPRFMO will address fisheries resources not currently under management by pre-existing agreements, such as new pelagic fisheries or expanded fisheries for stocks that straddle one or more exclusive economic zones and high seas areas beyond them.¶ The South Pacific Convention requires Parties to apply specific conservation and management principles and approaches in giving effect to the objective of the South Pacific Convention. These principles and approaches are enshrined in existing international instruments to which the United States is a party, such as the 1995 Fish Stocks Agreement. These standards highlight the importance of using the best-available science and applying an ecosystem approach to fisheries management. In addition, the South Pacific Convention requires that Parties design and adopt specific conservation and management measures such as limitations on catch or effort, time or area closures, and gear restrictions.¶ While there are presently no U.S. vessels fishing in the high seas areas of the South Pacific whose activities would be covered by the South Pacific Convention, U.S. membership within the Commission would allow for the potential participation of future fishing interests and enable the U.S. to influence the development of new and amended conservation and management measures.¶ NAFO Convention Amendment¶ The Northwest Atlantic Fisheries Organization (NAFO) is charged with coordinating scientific study and cooperative management of the fisheries resources of the Northwest Atlantic Ocean, excluding salmon, tuna, and sedentary species of the Continental Shelf. It was established in 1979 by the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (the “Convention”). The United States acceded to the Convention in 1995 and has participated actively in NAFO since that time, often assuming leadership positions and working to advance key principles of sustainable fisheries management.¶ In 2005, NAFO launched a reform effort designed to streamline the Organization and bring it more in line with the principles of modern fisheries management. In 2007, NAFO members adopted the NAFO Convention Amendment, which is comprehensive, touching on every element of the Convention. It addresses specific U.S. concerns and incorporates key international fisheries governance approaches, as found in the 1995 Fish Stocks Agreement, the 1993 Food and Agriculture Organization of the United Nations (FAO) Compliance Agreement, and more recent regional fisheries management agreements. The NAFO Convention Amendment vastly improves the ability of NAFO and its membership to effectively manage the resources under its purview and the ecosystems associated with those resources.¶ Key elements of the NAFO Convention Amendment include provisions that detail NAFO’s objectives, including long-term conservation and sustainable use of fishery resources and safeguarding of marine ecosystems in the convention area. The agreement also outlines general principles that include (among many others) promoting optimum use and long-term sustainability of fishery resources, adopting management measures based on the best scientific advice available, applying the precautionary approach when there is scientific uncertainty, taking into account the effect of fishing on the marine ecosystem, and highlighting the need to preserve biodiversity. This language reflects a modernized approach to fisheries management.¶ Furthermore, the Amendment simplifies the structure of NAFO, which will now consist of a Commission, a Scientific Council, and a Secretariat. This new structure combines the current General Council and Fisheries Commission into a single Commission and reorganizes a number of the sub-bodies. These changes will streamline NAFO considerably and result in increased efficiency, more effective conservation and management, and reduced costs. The NAFO Convention Amendment enables the Commission to take action, including non-discriminatory trade-related measures, against any State or fishing entity whose fishing vessels undermine the effectiveness of NAFO measures. It also requires the Scientific Council to advise the Commission on the impacts of fishing on the marine ecosystem as a whole within the Convention Area. Finally, the Amendment describes the formulation of the Organization’s budget and the calculation of the contributions due by each Contracting Party. One important result of changes to the Amendment is that U.S. costs associated with membership in NAFO will be considerably reduced.¶ The NAFO Convention Amendment also describes Contracting Party duties, flag State duties, and port State duties, respectively. These provisions are noteworthy because they draw on international fisheries governance approaches found in the most important and innovative international agreements on fisheries management including the 1995 Fish Stocks Agreement, the 1993 FAO Compliance Agreement, and more recent regional fisheries management agreements. The language primarily focuses on effective implementation of measures adopted by NAFO, reporting requirements, inspections, and compliance and enforcement obligations.¶ The NAFO Convention Amendment rewrites the old provisions for decision making, implementation, and settlement of disputes. It modifies the current general rule for decision-making within the Commission from a simple majority to consensus and outlines voting rules to be applied, namely a two-thirds majority, if consensus is not possible. The process for implementation of Commission decisions is also substantially modified, and the NAFO Convention Amendment details how and when decisions become binding and introduces changes to the existing objection procedure. The revised objection procedure is an improvement as it, among other things, requires a detailed explanation from the objecting Contracting Party and a declaration of the actions (including alternative measures) to be taken. Objecting Parties or the Commission may also now submit matters to an ad hoc panel and/or invoke the new dispute settlement procedures, which provide the choice of a number of fora in which to seek resolutions through peaceful means. The process also requires Contracting Parties to submit disputes to compulsory proceedings pursuant to the 1995 Fish Stocks Agreement.¶ The NAFO Convention Amendment addresses cooperation with non-Contracting Parties and with other organizations. These new provisions are designed to ensure that non-Contracting flag State vessels abide by NAFO measures when fishing in the NAFO Regulatory Area. They call for exchange of information on fishing activities of non-Contracting Parties and measures to deter activities (such as IUU fishing) that may undermine the measures adopted by the Commission. The new text further calls on NAFO to cooperate with the FAO and other relevant organizations, including RFMOs. This is particularly important with respect to the success of regional and global efforts relating to IUU fishing, trade tracking, and even for implementing the ecosystem management of fisheries.¶ Other Amendment provisions are administrative in nature (e.g., establishing procedures for review and amendment of the Convention and its Annexes). Annex I to the Convention, “Scientific and Statistical Subareas, Divisions and Subdivisions,” provides the coordinates of the scientific and statistical subareas, divisions and subdivisions of the Convention Area. Annex II to the Convention, “Rules Concerning the Ad Hoc Panel Procedure pursuant to Article XV,” is a new Annex describing the procedure for the ad hoc panels, one method available to settle disputes between Contracting Parties.¶ Port States Agreement¶ The Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing is the first binding global instrument focused specifically to combat IUU fishing. It recognizes that all fish must pass through a port to get to market and that port States can take cost-effective measures to combat IUU fishing. IUU fishing deprives law-abiding fishermen and coastal communities around the world of up to an estimated $23.5 billion of seafood and seafood products every year7, and undermines efforts to monitor and sustainably manage fisheries. It also threatens the food security in some of the poorest countries in the world as well as in the United States and interferes with the livelihood of legitimate fishers around the world. Seafood caught through IUU fishing enters the global marketplace through ports all around the world. Preventing that fish from entering the global market requires an international solution and the cooperation of countries throughout the world.¶ The Port States Agreement is recognized within the international community as a landmark in the effort to combat IUU fishing. The United States was a primary participant in its negotiation and was one of the first countries to sign it. We took a leadership role because we recognized how important taking these measures is for nations that want to ensure that product entering their ports has been legally harvested and is safe for consumers. We have had experience with the implementation of most of the substantive measures in the agreement as most of these measures are already contained in U.S. law.¶ The Agreement has already had significant impact on efforts to combat IUU fishing, influencing the adoption of similar measures by various RFMOs and providing a model for nations, developing nations in particular, to follow in establishing or strengthening dockside inspection programs. However, the full effect of the Port States Agreement as a tool to combat IUU fishing will not be realized until its entry into force, which requires ratification by 25 nations or regional economic integration organizations. So far, nine have done so. Ratification of the Port States Agreement by the United States will demonstrate strong leadership in the global battle against IUU fishing and will position the United States to encourage ratification by other countries.¶ The Agreement sets forth minimum standards for the conduct of dockside inspections and training of inspectors and, most significantly, requires parties to restrict port entry and port services for foreign vessels known or suspected of having been involved in IUU fishing, particularly those on a RFMO IUU fishing vessel list. These minimum standards would increase the risks and costs associated with IUU fishing activities and help to ensure that IUU fish and fish products do not enter into global trade. Senate advice and consent to ratification of the Port States Agreement will ultimately benefit U.S. fishermen, seafood buyers, and consumers by preventing IUU vessels from entering our ports and diluting the market with illegal product.¶ The Port States Agreement has four primary sets of obligations that Parties are required to apply vis-a-vis foreign flagged fishing vessels (including support vessels) seeking entry to a Party’s port:¶ ● Parties are required to designate ports to which foreign flagged vessels may seek entry, to require that certain information be collected and considered, and to establish a process for granting or denying port entry and/or the use of port services to foreign flagged fishing vessels;¶ ● Parties must maintain the capacity to conduct dockside vessel inspections in the designated ports and adhere to minimum standards for the conduct of inspections and the training of inspectors. A sufficient number of inspections must be conducted to satisfy the objective of the Agreement;¶ ● Subject to certain limited exceptions, Parties must deny port entry and the use of port services to vessels that have been engaged in IUU fishing, including as indicated by inclusion of the vessel on an RFMO IUU Vessel list. Importantly, the limited exceptions include allowing port entry exclusively for enforcement purposes or in the event of force majeure; and,¶ ● Parties are required to share information, including inspection results, with the flag States and, as appropriate, other relevant Parties and entities, as well as to take follow-up actions as requested by the flag State when evidence of IUU fishing is found during the course of an inspection.¶ NOAA would be the lead agency for U.S. implementation of the Port States Agreement. Primary responsibility to carry out its obligations, particularly those related to vessel inspections, will fall on NOAA’s National Marine Fisheries Service (NMFS), Office of Law Enforcement, in collaboration with the U.S. Coast Guard, which has Captain of the Port authority for the United States. Importantly, the minimum standards set by the Port States Agreement track closely to what the United States already does. Under the Port States Agreement, these best practices would become common practice around the world, thereby effectively closing the so-called ports of convenience that IUU fishing operators use to land their fish and support their activities. As a global leader in sustainable fishing practices, and the third largest importer of seafood in the world, the United States has a responsibility to ensure the fish we import is caught legally. The United States also has a responsibility to protect our domestic fishermen from unfair competition and ensure consumer confidence in the seafood supply by keeping illegal product out of the market. The Port State Measures Agreement marks a significant step forward on both of these counts. The United States, with our strong legal frameworks, experience in effective port management and robust fisheries law enforcement, has been assisting developing nations in their preparations for implementation of the Agreement. NOAA has most recently assisted Indonesia in its development of training curriculum for fisheries inspectors who will carry out inspections under the Agreement. Additionally, the United States has strongly promoted the adoption of measures in RFMOs that strengthen port related measures, in accordance with the Agreement. These efforts promote the success of the Agreement and thereby reduce the amount of IUU product entering our domestic markets.

The plan sets the US as the global sustainability model- key to solve environmental destruction

Naylor ’13 [Rosamond L. Naylor, the Julie Wrigley Senior Fellow at the Center for Environmental Science and Policy, Stanford University, “Environmental Safeguards for Open-Ocean Aquaculture,” 11-27-13, http://issues.org/22-3/naylor/]

The main problem with the proposed legislation is the broad discretion given to the secretary of Commerce to promote offshore aquaculture without clear legal standards for environmental protection. The authority is intended to facilitate a streamlining of regulations, yet it provides minimal checks and balances within the system. The bill states that the secretary “shall consult as appropriate with other federal agencies, the coastal states, and regional fishery councils . . . to identify the environmental requirements applicable to offshore aquaculture under existing laws and regulations.” An implicit assumption of the bill is that most of the needed environmental safeguards are already in place. Additional environmental regulations targeted specifically for offshore aquaculture are to be established in the future “as deemed necessary or prudent by the secretary” in consultation with other groups. Yet timing is everything. If the law is passed without the establishment of comprehensive national guidelines for the protection of marine species and the environment— and the requirement that these guidelines be implemented— such protection may never happen, or it may happen after irreversible damages have occurred. Are current federal laws sufficient to protect the environment in the EEZ? The answer is no. As a framework, they leave major gaps in environmental protection. The Rivers and Harbors Act gives the Army Corps of Engineers the authority to issue permits for any obstruction in federal waters (including fish cages) but does not provide clear environmental mandates. The Corps has the broad discretion to ensure environmental quality but is not required to do so. The Outer Continental Shelf Lands Act extends this authority farther offshore beyond the territorial waters of the EEZ and applies to any offshore facilities that are anchored on or up to 1 mile from offshore oil rigs; in this case, further permit approval is required from the Department of Interior. The Clean Water Act gives the Environmental Protection Agency (EPA) the authority to regulate waste discharges from aquaculture facilities, but the agency’s recent effluent guidelines for aquaculture net pens, which presumably would be applied to offshore cages, focus simply on the use of best management practices. Aquaculture discharge is not currently regulated through the National Pollution Discharge Elimination System (NPDES), the permitting system used for municipal and industrial point-source discharge to U.S. waters. The Endangered Species Act and the Marine Mammal Protection Act both are applicable in the EEZ and can be used to limit offshore aquaculture operations if they are proven to threaten any listed threatened or endangered species, or if they unlawfully kill marine mammals. In addition, the Lacey Act gives the U.S. Fish and Wildlife Service the authority to regulate the introduction of exotic species in federal waters if they have been listed specifically as “injurious” to other species. The Lacey Act applies to any species that are transported or traded across borders, but not to species that already exist within borders. Finally, all international treaties and protocols would apply to offshore aquaculture in the EEZ.¶ The only federal law that the proposed bill would explicitly supersede is the Magnuson-Stevens Act (MSA) of 1976, which stipulates a balance between fishing and conservation. S. 1195 does not include any specific balancing requirements between ecosystems and industry. Regional fishery management councils established under the MSA as well as the public would be consulted in the process of environmental rulemaking but would not have a determining effect on the outcome.¶ Although S. 1195 supersedes only one federal law, existing legislation does not adequately address the major risks of farmed fish escapes and genetic dilution of wild stocks, pathogen transmission from farms to wild organisms, and cumulative effluent discharge. Most existing laws and regulations for marine aquaculture are found at the state level, where current near-shore systems operate. Few states have comprehensive regulatory plans for marine aquaculture, and there are no regional plans that address the risks of biological, chemical, or nutrient pollution that spreads from one coastal state to the next.¶ The proposed bill gives coastal states an important role in influencing the future development of offshore aquaculture. Indeed, coastal states would be permitted to opt out of offshore aquaculture activities. The bill states that offshore aquaculture permits will not be granted or will be terminated within 30 days if the secretary of Commerce receives written notice from the governor of a coastal state that the state does not wish to have the provisions of the act apply to its seaward portion of the EEZ. The governor can revoke the opt-out provision at any time, thus reinstating NOAA’s authority to issue permits and oversee aquaculture operations in that portion of the EEZ. Although the bill does not grant coastal states any jurisdiction over that part of the EEZ, it does provide them with potential exclusion from offshore aquaculture activities.¶ This amendment ensures a role for coastal states that is stronger than that which would apply through the Consistency Provision (section 307) of the Coastal Zone Management Act (CZMA). Section 307 of the CZMA requires that federally permitted projects be consistent with select state laws that safeguard coastal ecosystems, fisheries, and people dependent on those fisheries (collectively called the state’s “coastal zone management program”). To complete the permitting process for an offshore aquaculture project, the project applicant must certify the project’s consistency with the state’s coastal zone management program to NOAA. Even if the state objects to the applicant’s consistency certification, the secretary of Commerce can override the state’s objection and issue the permit simply by determining that the project is consistent with the objectives or purposes of the Federal Coastal Management Act or that the project is necessary in the interest of national security. Thus, the Department of Commerce retains ultimate authority over whether state laws apply to the EEZ.¶ Although the decision by different coastal states to opt out of the proposed offshore aquaculture bill is yet to be determined, some states have already adopted policies related to aquaculture development within state waters. In Alaska, state law prohibits finfish farming within the 3-mile state zone. In Washington, House Bill 1499 allows the Washington Department of Fish and Wildlife to have more control over environmental damages caused by near-shore salmon farming. In California, salmon farming and the use of genetically modified fish are prohibited by law in marine waters, and a new bill currently being reviewed in the state assembly (SB. 210) requires strict environmental standards for all other forms of marine aquaculture introduced into state waters. The California legislation, in particular, provides an excellent model for a redrafting of the National Offshore Aquaculture Act.¶ The need for national environmental standards¶ Whether environmentalists like it or not, marine aquaculture is here to stay and will inevitably expand into new environments as global population and incomes grow. Although the United States is in a position to make itself a global model for sustainable fish production in the open ocean, the proposed bill unfortunately falls far short of this vision. Pursuant to the recommendations of the Pew Commission, an aggressive marine aquaculture policy is needed at the national level to protect ocean resources and ecosystems. Within this policy framework, several specific features are needed:¶ The establishment of national environmental standards for siting and operation that minimize adverse effects on marine resources and ecosystems and that set clear limits on allowable ecological damage.¶ The establishment of national effluent guidelines through the EPA for biological, nutrient, and chemical pollution from coastal and offshore fish farms, using NPDES permits to minimize cumulative effluent impacts.¶ The establishment of substantive liability criteria for firms violating environmental standards, including liability for escaped fish and poorly controlled pathogen outbreaks.¶ The establishment of rules for identifying escaped farm fish by their source and prohibiting the use of genetically modified fish in ocean cages.¶ The establishment of a transparent process that provides meaningful public participation in decisions on leasing and permitting of offshore aquaculture facilities and by which marine aquaculture operations can be monitored and potentially closed if violations occur.¶ The establishment of royalty payments process for offshore aquaculture leases that would compensate society for the use of public federal waters.¶ At the same time, firms exceeding the minimum standards should be rewarded, for example, through tax breaks or reductions in royalty fees, in order to encourage environmental entrepreneurship and international leadership. By articulating a comprehensive set of environmental standards and incentives within the draft of the law, the bill would gain acceptance by a broad constituency interested in the sustainable use of ocean resources.¶ Proponents of offshore aquaculture might argue that these recommendations hold the industry to exceedingly high standards. Yes, the standards are high, but also essential. There is now a widespread realization that the ability of the oceans to supply fish, assimilate pollution, and maintain ecosystem integrity is constrained by the proliferation of human activities on land and at sea. Offshore aquaculture could help to alleviate these constraints, but only if it develops under clear and enforceable environmental mandates.

US Key- try or die

Aquaculture should be prioritized by the U.S. for its ability to stimulate the economy, restore ecosystems, and mitigate global warming.

John Corbin 2010, President at Aquaculture Planning and Advocacy LLC and advises the U.S. Secretary of Commerce, U.S. Department of Commerce on the management of the living marine resources and fisheries and aquaculture development."Marine Stock Enhancement, a Valuable Extension of Expanded U.S. Marine Aquaculture." Marine Technology Society Journal 44.3 (2010): 113-18.

Finally, with the new administration in Washington, DC, policies and plans are currently being developed for broader ocean management and use as well as specifically for commercial aquaculture in the EEZ (Council on Environmental Quality, 2009a, 2009b; NOAA, 2009). These efforts should include priority consideration of investing in greater U.S. understanding and use of marine aqua- culture as a tool for responsible fisheries and ecosystem management. The United States should plan for and en- courage greater infrastructure capabilities to mass produce marine fish, shellfish, and other species (e.g., blue crab, Caflinectes sapialus) to help address America’s growing demand for seafood and the potential requirements to re- build and restore critical marine habitat impacted by continued coastal development and global climate change. Valuable impacts on society extend beyond fostering healthy and productive marine ecosystems and reducing America’s increasing reliance on sea-food imports to fill demand. They can include greater development and diversification of the commercial fishing, recreation, and tourism-based economies of coastal communities as well as expanding the important social and cultural benefits to the public at- large of preserving America’s marine fishing heritage.

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