By: Amanda Nichols, Ocean and Coastal Law Fellow, National Sea Grant Law Center, July 23, 2018

On June 26, Mississippi Senator Roger Wicker introduced S. 3138—also known as the “Advancing the Quality and Understanding of American Aquaculture” (AQUAA) Act. This bill is meant to streamline the permitting process for aquaculture farms in federal waters as well as fund research and development meant to advance the aquaculture industry.

Quick Takes

  • The AQUAA Act would establish an Office of Marine Aquaculture within the National Oceanic and Atmospheric Administration (NOAA), which would be charged with coordinating the federal permitting process.
    • The Act would also require the Marine Fisheries Advisory Committee to designate a permanent Aquaculture Subcommittee.
  • The Act would establish a twenty-five-year permit to be issued by NOAA aiming to give individuals the security of tenure necessary to secure financing for aquaculture operations.
  • The Act would direct the Secretary of Commerce (acting through the Under Secretary of Commerce for Oceans and Atmosphere) to initiate and lead programmatic environmental impact statements (EISs) in certain areas of the exclusive economic zone (EEZ). The bill explicitly notes that Congress should prioritize directing funds towards this program over all others.
  • The Act would create a research and development grant program to further the Act’s purposes.
  • The Act would appropriate a total of $296 million over the course of five fiscal years (2018 – 2022) to carry out the Act.

Full text of the bill is available at: https://www.govtrack.us/congress/bills/115/s3138.

Reactions to Senator Wicker’s introduction of the AQUAA Act have been varied. Proponents of the bill agree with Senator Wicker that it would “give farmers a clear, simplified regulatory path to start new businesses in…coastal communities,” and would also “fund needed research to continue the growth and success of [the] important industry.” However, critics—animal rights groups in particular—argue that aquaculture in many of its forms is harmful to fish welfare and note that implementation of the Act would only serve to exacerbate the problem in the United States. As the bill has only recently been introduced, it will likely be some time yet before Congress makes any substantial progress towards a final decision. The bill has a 5% chance of enactment according to the GovTrack prognosis.

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