Sec. 2. Prohibition on sale of genetically altered salmon
492 words·~2 min read·
/bill/113/hr/1667/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It shall be unlawful for a person— to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate or foreign commerce; to have custody, control, or possession of, with the intent to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate commerce; to engage in net-pen aquaculture of covered fish; to release a covered fish into a natural environment; or to have custody, control, or possession of a covered fish with the intent to release it into a natural environment. Subsection
(a)shall not apply to a fish, fish part, or product— under confined use, or intended for confined use, for scientific research; collected for the purpose of enforcing this Act; or if the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Director of the United States Fish and Wildlife Service and any other Federal, State, or tribal entity the Under Secretary considers appropriate, reviews any application requesting an action by a department or agency of the Federal government to permit an act prohibited under subsection (a), including any environmental assessment prepared as part of that application, and— prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or finds the application to be consistent with an environmental impact statement prepared by the Under Secretary in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) that includes— an environmental risk analysis that assesses the potential direct and indirect impacts from escapement of covered fish on wild and cultured fish stocks and environments that may be exposed to such covered fish; a failure mode and effects analysis that quantitatively assesses the best- and worst-case probabilities of failure of each applicable confinement technique; an assessment of the costs of control or eradication of escaped covered fish; and an assessment of the potential economic damage in terms of loss of production or sales to relevant wild and cultured fish stocks and environments from the escapement of covered fish. Each agency, department, or other unit of the Federal Government shall promptly notify the Under Secretary of Commerce for Oceans and Atmosphere when an action involving covered fish, or a product containing covered fish is first identified by such unit. The Under Secretary of Commerce for Oceans and Atmosphere, in cooperation with each Federal, State, or tribal entity that the Under Secretary considers appropriate, may monitor any mitigation measures proposed under subsection (b)(3) to ensure implementation and compliance therewith. The provisions of this Act are in addition to, and shall not affect the operation of, other Federal, State, or local laws regulating a covered fish, or a product containing covered fish. The Secretary shall prescribe such rules and regulations as the Secretary considers necessary to carry out the provisions of this Act.
Connectionstraces to 2
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources