Prevention of Escapement of Genetically Altered Salmon in the United States Act

I 116TH CONGRESS 1ST SESSION H. R. 1105 To prevent the escapement of genetically altered salmon in the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 7, 2019 Mr. YOUNG (for himself, Mr. DEFAZIO, and Ms. BONAMICI) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prevent the escapement of genetically altered salmon in the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prevention of 4 Escapement of Genetically Altered Salmon in the United 5 States Act’’. 6 SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED 7 SALMON. 8 (a) PROHIBITION.—It shall be unlawful for a per- 9 son— 10 VerDate Sep 11 2014 01:06 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1105.IH H1105 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1105 IH (1) to ship, transport, offer for sale, sell, or 1 purchase a covered fish, or a product containing cov- 2 ered fish, in interstate or foreign commerce; 3 (2) to have custody, control, or possession of, 4 with the intent to ship, transport, offer for sale, sell, 5 or purchase a covered fish, or a product containing 6 covered fish, in interstate commerce; 7 (3) to engage in net-pen aquaculture of covered 8 fish; 9 (4) to release a covered fish into a natural envi- 10 ronment; or 11 (5) to have custody, control, or possession of a 12 covered fish with the intent to release it into a nat- 13 ural environment. 14 (b) EXCEPTION.—Subsection (a) shall not apply to 15 a fish, fish part, or product— 16 (1) under confined use, or intended for confined 17 use, for scientific research; 18 (2) collected for the purpose of enforcing this 19 Act; or 20 (3) if the Under Secretary of Commerce for 21 Oceans and Atmosphere, in consultation with the 22 Director of the United States Fish and Wildlife 23 Service and any other Federal, State, or tribal entity 24 the Under Secretary considers appropriate, reviews 25 VerDate Sep 11 2014 01:06 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1105.IH H1105 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1105 IH any application requesting an action by a depart- 1 ment or agency of the Federal Government to per- 2 mit an act prohibited under subsection (a), including 3 any environmental assessment prepared as part of 4 that application, and— 5 (A) prepares a finding of no significant im- 6 pact in accordance with the National Environ- 7 mental Policy Act of 1969 (42 U.S.C. 4321 et 8 seq.); or 9 (B) finds the application to be consistent 10 with an environmental impact statement pre- 11 pared by the Under Secretary in accordance 12 with section 102(2)(C) of the National Environ- 13 mental Policy Act of 1969 (42 U.S.C. 4332) 14 that includes— 15 (i) an environmental risk analysis that 16 assesses the potential direct and indirect 17 impacts from escapement of covered fish 18 on wild and cultured fish stocks and envi- 19 ronments that may be exposed to such cov- 20 ered fish; 21 (ii) a failure mode and effects analysis 22 that quantitatively assesses the best- and 23 worst-case probabilities of failure of each 24 applicable confinement technique; 25 VerDate Sep 11 2014 01:06 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1105.IH H1105 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1105 IH (iii) an assessment of the costs of con- 1 trol or eradication of escaped covered fish; 2 and 3 (iv) an assessment of the potential 4 economic damage in terms of loss of pro- 5 duction or sales to relevant wild and cul- 6 tured fish stocks and environments from 7 the escapement of covered fish. 8 (c) ENVIRONMENTAL IMPACT CONSIDERATIONS.— 9 (1) NOTICE.—Each agency, department, or 10 other unit of the Federal Government shall promptly 11 notify the Under Secretary of Commerce for Oceans 12 and Atmosphere when an action involving covered 13 fish, or a product containing covered fish is first 14 identified by such unit. 15 (2) ENSURING COMPLIANCE.—The Under Sec- 16 retary of Commerce for Oceans and Atmosphere, in 17 cooperation with each Federal, State, or tribal entity 18 that the Under Secretary considers appropriate, may 19 monitor any mitigation measures proposed under 20 subsection (b)(3) to ensure implementation and com- 21 pliance therewith. 22 (3) PROVISIONS AS COMPLEMENTARY.—The 23 provisions of this Act are in addition to, and shall 24 not affect the operation of, other Federal, State, or 25 VerDate Sep 11 2014 01:06 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1105.IH H1105 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1105 IH local laws regulating a covered fish, or a product 1 containing covered fish. 2 (d) RULES AND REGULATIONS.—The Secretary shall 3 prescribe such rules and regulations as the Secretary con- 4 siders necessary to carry out the provisions of this Act. 5 SEC. 3. ENFORCEMENT AND PENALTIES. 6 (a) ENFORCEMENT.—The Secretary of Commerce 7 may enforce section 2 in the same manner, by the same 8 means, and with the same jurisdiction, powers, and duties 9 provided under sections 308, 309, 310, and 311 of the 10 Magnuson-Stevens Fishery Conservation and Manage- 11 ment Act (16 U.S.C. 1858, 1859, 1860, and 1861). 12 (b) PENALTIES.—A person who violates section 2 13 shall be subject to the penalties, and entitled to the privi- 14 leges and immunities, under sections 308, 309, 310, and 15 311 of the Magnuson-Stevens Fishery Conservation and 16 Management Act (16 U.S.C. 1858, 1859, 1860, and 17 1861). 18 SEC. 4. REPORT ON RISKS TO WILD FISH STOCKS. 19 Not later than 180 days after the date of enactment 20 of this Act, the Under Secretary of Commerce for Oceans 21 and Atmosphere shall transmit to the Committee on Com- 22 merce, Science, and Transportation of the Senate and the 23 Committee on Natural Resources of the House of Rep- 24 resentatives the report under section 1007 of the Food 25 VerDate Sep 11 2014 01:06 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1105.IH H1105 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1105 IH and Drug Administration Amendments Act of 2007 (21 1 U.S.C. 2106). 2 SEC. 5. DEFINITIONS. 3 In this Act: 4 (1) CONFINED USE.—The term ‘‘confined use’’ 5 means any operation, undertaken within a secured, 6 land-based facility, that involves a covered fish con- 7 trolled by specific measures that effectively prevent 8 the covered fish from having contact with and im- 9 pact on the external environment, including biologi- 10 cal and physical confinement measures. 11 (2) COVERED FISH.—The term ‘‘covered fish’’ 12 means any finfish, live or dead, including the 13 gametes, fertilized eggs, offspring, and descendants 14 thereof, that is modified or produced through the 15 application of recombinant deoxyribonucleic acid 16 (DNA) technologies, using DNA from an organism’s 17 own genome or that of another species, that over- 18 come natural physiological reproductive barriers and 19 that are not techniques used in traditional breeding 20 and selection. 21 (3) FINDING OF NO SIGNIFICANT IMPACT.—The 22 term ‘‘finding of no significant impact’’ has the 23 meaning given the term in section 1508.13 of title 24 40, Code of Federal Regulations. 25 VerDate Sep 11 2014 01:06 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1105.IH H1105 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1105 IH (4) PRODUCT.—The term ‘‘product’’ means an 1 item manufactured or produced for sale or use as 2 food. 3 Æ VerDate Sep 11 2014 01:06 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1105.IH H1105 pamtmann on DSKBFK8HB2PROD with BILLS