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To: Seafood Community
FYI, I am forwarding the following information from Gary Jensen (Aquaculture Leader with CSREES, USDA).
Pamela Tom, Mailing List Owner
University of California Sea Grant Extension Program
==================================================================================================
From: Jensen, Gary [mailto:GJENSEN@CSREES.USDA.GOV]
Sent: Thursday, March 08, 2007 9:13 AM
To: Pamela Tom
Subject: NOSB Livestock Committee Recommendations on Organic Standards for Aquaculture Posted for Public Review and Comment
Importance: High
Hi Pam,
I tried to post this directly to seafood group and it didn't work. Can you please post this to group for me?
Thanks,
Gary
March 5, 2007
*************************************************
Please refer to the following web links for the complete text and other documents related to the recommendations on organic standards for aquaculture products proposed by the Livestock Committee of the National Organic Standards Board (NOSB) for discussion and voting by the full NOSB at their next meeting scheduled March 27-30 in Washington, DC. The aquaculture topic is on the agenda for March 28 at 11:30 am. Opportunities for oral public comments on NOSB action and discussion items are scheduled during this meeting.
Also please note important information on Instructions for Submitting Public Comments both written and oral.
There is a deadline of March 16 for posting written comments. Public comments can still be received in writing or presented orally during designated times at the March meeting. Those wishing to provide oral comments during the meeting need to forward their requests as directed in the Instructions.
For details on the NOSB meeting location and complete agenda go to:
http://www.ams.usda.gov/nosb/meetings/03_07agenda.html
The NOSB Livestock Committee recommendations and all related documents (65 pages) can also be accessed at: http://www.ams.usda.gov/nosb/CommitteeRecommendations/March_07_Meeting/Livestock/AquacultureRec.pdf
The following information includes a brief introduction section of the Livestock Committee recommendations, key sections of the NOSB Aquaculture Work Group report that have been removed under their recommendations, and recommendation that the USDA National Organic Program implement rule change to allow for the production of organic aquatic species.
Please distribute this information to others who may have an interest in reviewing the recommendations, responses to previous public comments and the revised report by the NOSB Aquaculture Work Group.
Regards,
Gary Jensen
CSREES-USDA
___________________________________________________________________
I. Introduction
The National Organic Program and National Organic Standards Board have received correspondence and public comments requesting consideration of
adoption of organic standards for the production of aquatic species. To facilitate this mission, the NOP
created an Aquatic Animal Task Force composed of knowledgeable members of the aquaculture and organic
communities. Upon receipt of the task force report, the NOSB Livestock Committee recommends
that the NOP implement rule changes to allow for the production of organic aquatic animals within the
regulation.
Comprehensive restrictions on organic aquaculture production must be in place in order to comply with
organic principles. To protect the environment and to maintain the organic integrity of products labeled as
organic, the task force report specifies practices that protect these principles.
Within the task force report, there are several areas that the Livestock Committee would like further public
comment. Specifically, the committee recommends further fact finding on sources of feed for aquatic
animals that require a diet that includes fish. The task force recommended a temporary allowance for
feed that included wild caught non-organic feed, but the committee believes that further input from the
organic community is required in order to determine if this practice is consistent with organic principles.
Likewise, the Livestock Committee would like more dialog on the allowance of net pen operations for organic
production. There appears to be conflicting opinion on whether this type of production is consistent
with organic principles.
These sections of the task force report are not included in the recommendation for rule making. However,
the Livestock Committee intends to enter into further rule making to add these sections upon completion
of further dialog with the aquaculture industry and the organic community.
II. Background
A. Issues of Concern
Presently, NOP regulations state that fish are not included in the scope of the rule, which means that
there can be no enforcement of fish products in the market place making "organic" claims. Since some
foreign organic certification programs include fish standards, many products appear on the US market
with an "organic" claim, which will continue until the NOP regulations include provisions for organic
aquatic species. US fish producers have expressed interest in certifying their products as organic to meet
the growing market demand.
Two areas in which the Livestock Committee requests further industry and organic community input prior
to rule making include: temporary feed provision for species requiring fish in their diets, and, open net
pens. The following sections of the task force report have been removed or edited from the committee
recommendation pending further evaluation.
2
In regards to feed, the following sections have been removed:
(b) Fish meal from wild fish used as a feed additive or supplement may not exceed 12%
by weight of feed, and fish oil from wild fish used as a feed ingredient may not exceed
12% by weight of feed as averages over the production cycle of the fish.
(c) Wild fish and wild aquatic animals used for producing fish meal and oil for aquaculture
may not be certified or labeled as organic for human consumption unless allowed
elsewhere in this rule. Whole, chopped, or minced wild fish that does not qualify in this
section may not be used as feed.
(d) Fish meal or fish oil may not be sourced from any fishery classified by relevant
state/provincial, national, or international fisheries authorities as follows: "at risk of reduced
reproductive capacity;" "suffering reduced reproductive capacity;" "harvested outside
precautionary limits;" "over-exploited;" "depleted;" "overfished;" "overfishing is
occurring;" or any other comparable classification, or at significant risk of those conditions
within the next recruitment cycle.
(i) Fish meal and fish oil from wild fish and other wild aquatic animals may be used as
additives and supplements for organic aquaculture or livestock feeds as provided in this
section for seven years after the date when organic standards for farmed aquatic animals
are promulgated, and must be derived from wild sources that are in compliance with (c)
and (d) may be used as supplements and additives under one of the following:
(1) wild fish, provided that the amount of such wild fish that goes into feeding
the aquatic animals cannot exceed one pound of wild fish product fed for every
pound live weight of cultured of aquatic animals at harvest; or
(2) carcasses, viscera, and trimmings from the processing of wild fish and other
wild aquatic animals that are destined for human consumption. The portions of
processed wild fish destined for human consumption may not be certified or labeled
as organic unless provided elsewhere in this rule.
In regards to open net pens, the task force report has been edited as follows:
(j) Open water net-pens and enclosures are (not) permitted (at this time.) where water
depth, current velocities and direction, and other factors act to adequately disperse metabolic
products in order to minimize accumulation of discharged solids on the sediments
under net pens. However, water currents should not cause fish to expend excessive energy
to swim and be unable to consume feed. Monitoring shall be employed to ensure
that the natural assimilative capacity at the site and adjoining waters is not exceeded. Facility
managers shall take all practical measures to prevent transmission of diseases and
parasites between cultured and wild aquatic animals. Use of multiple species of aquatic
plants and animals to recycle nutrients must be included in every Organic System Plan
for net-pens. Except as may be provided in § 205.601 or § 205.602, chemical treatment
of biofouling organisms on nets is not allowed. Any open water net pen or enclosure site
must not have prohibited substances, as listed in § 205.105, applied for at least one year
prior to beginning organic management.
3
C. Regulatory Framework
Under OFPA:
§ 2102 (11) LIVESTOCK - The term "livestock" means any cattle, sheep, goats, swine, poultry,
equine animals used for food or in the production of food, fish used for food, wild or domesticated
game, or other non-plant life.
Clearly, Congress considers "fish used for food" to be within the authority of this statute.
>From the 21 CFR Part 205:
205.2 Terms Defined
Livestock Any cattle, sheep, goat, swine, poultry, or equine animals used for food or in the production
of food, fiber, feed or other agricultural-based consumer products; wild or domesticated
game; or other non-plant life, except such term shall not include aquatic animals or bees for the
production of food, fiber, feed, or other agricultural-based consumer products.
At the time of the implementation of the regulation, the NOP excluded aquatic animals from organic livestock
production because there were no aquaculture production provisions provided.
Recommendations:
The NOSB Livestock Committee recommends that NOP implement rule change to allow for the production
of organic aquatic species.
The Livestock Committee recommends the following addition to the regulation: (SEE COMPLETE TEXT) http://www.ams.usda.gov/nosb/CommitteeRecommendations/March_07_Meeting/Livestock/AquacultureRec.pdf
___________________________________________________________________________________________________________________
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Instructions for Submitting Public Comments
________________________________
The National Organic Standards Board (NOSB) is seeking public comment on proposed recommendations for its March 27-29, 2007 meeting in Washington, DC.
Please note there is a new procedure for submitting public comments.
With respect to receipt of written comments by the NOSB during the comment period, the following provisions have been established to ensure that your comment has the greatest probability of being received and reviewed by the Board:
* Requests for copies of the NOSB meeting agenda, may be sent to Ms. Valerie Frances, Executive Director, NOSB, USDA-AMS-TMD-NOP, 1400 Independence Ave., SW., Room 4008-So., Ag Stop 0268, Washington, DC 20250-0268.
* Comments of the proposed recommendations may be submitted in writing to Ms. Frances at either the above postal address or via the internet at www.regulations.gov <http://www.regulations.gov/> only. This is a new public comment procedure that is being required of all federal agencies.
* The comments should identify docket number AMS-TM-07-0032; TM-07-05. It is our intention to have all comments to this notice, whether submitted by mail, or the internet, available for viewing on the www.regulations.gov <http://www.regulations.gov> website.
* Requests to make an oral presentation at the meeting may also be sent to Ms. Valerie Frances at the address above, via facsimile at (202) 205-7808, by e-mail at valerie.frances@usda.gov <mailto:valerie.frances@usda.gov> , or by phone at (202) 720-3252.
FOR FURTHER INFORMATION CONTACT: Valerie Frances, Executive Director, NOSB, National Organic Program (NOP), (202) 720-3252, or by accessing the NOP website at: www.ams.usda.gov/nop <http://www.ams.usda.gov/nop> .
Clearly indicate if you are for or against the Board recommendation or some part of it and why. Include recommended wording changes as appropriate. Include references that support your comments. Only relevant material should be submitted.
The period for posting and reviewing public comments before the March 2007 NOSB meeting ends by close of business on March 16, 2007. Public comments can still be received in writing after this date, but they will not be posted for NOSB review or public viewing until after the NOSB meeting. Public comments can still be heard and received in writing in person at the meeting, March 27-29, 2007. The NOSB has scheduled time for public comment for Tuesday, March 27, 2006, from 3:15 p.m. to 5:00 p.m.; Wednesday, March 28, 2007 from 8:00 am to 9:30 am and from 3:00 p.m. to 5:00 p.m., and Thursday, March 29, 2007, from 8:00 a.m. to 11:00 a.m.
Individuals and organizations wishing to make an oral presentation at the meeting may forward their request by mail, facsimile, or e-mail to Valerie Frances at addresses listed above.
Individuals or organizations will be given approximately 5 minutes to present their views. All persons making an oral presentation are requested to provide their comments in writing. Written submissions may contain information other than that presented at the oral presentation. Written comments may also be submitted at the meeting. Persons submitting written comments at the meeting are asked to provide 30 copies. Again, they will not be posted for public viewing until after the meeting.
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