73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
 LC 3690
 
                     House Joint Memorial 37
 
Sponsored by Representatives BOONE, BROWN, KRIEGER, ROBLAN, WITT,
  Senators JOHNSON, KRUSE, VERGER; Representatives ACKERMAN,
  AVAKIAN, BARKER, BARNHART, BEYER, BOQUIST, BUCKLEY, BUTLER,
  CAMERON, DINGFELDER, FARR, HANSEN, HOLVEY, HUNT, KOMP, MARCH,
  MERKLEY, NOLAN, OLSON, ROSENBAUM, SCHAUFLER, SHIELDS, TOMEI,
  WIRTH, Senators DEVLIN, FERRIOLI, GEORGE, GORDLY, MONNES
  ANDERSON, MORRISETTE, NELSON, WESTLUND, WHITSETT, WINTERS
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Urges Congress to establish regulation of open ocean
aquaculture.
 
                         JOINT MEMORIAL
To the President of the United States and the Senate and the
  House of Representatives of the United States of America, in
  Congress assembled:
  We, your memorialists, the Seventy-third Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas naturally occurring marine resources in the eastern
Pacific Ocean constitute an invaluable asset to the marine
environment and to the people of Oregon; and
  Whereas many people and businesses in Oregon's coastal
communities have a livelihood that depends directly on healthy
marine ecosystems and on naturally occurring marine resources;
and
  Whereas open ocean aquaculture operations located in other
places have negatively affected the marine environment in those
places; and
  Whereas the National Oceanic and Atmospheric Administration of
the United States Department of Commerce has submitted to
Congress the National Offshore Aquaculture Act of 2005 that would
authorize the Secretary of Commerce to issue permits for offshore
aquaculture in ocean waters and that would facilitate expansion
of open ocean aquaculture in the exclusive economic zone of the
United States; now, therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  That we, the members of the Seventy-third Legislative Assembly,
respectfully urge Congress to establish a regulatory system for
open ocean aquaculture; and be it further
  Resolved, That the regulatory system require the National
Marine Fisheries Service of the National Oceanic and Atmospheric
Administration to develop by January 1, 2009, in consultation
with regional fishery management councils, an inventory of the
areas of the exclusive economic zone that are potentially
suitable for open ocean aquaculture operations conducted in a
manner that is consistent with the preservation of naturally
occurring marine resources; and be it further
  Resolved, That the regulatory system require that the inventory
of the areas of the exclusive economic zone suitable for open
ocean aquaculture operations be independently peer reviewed; and
be it further
  Resolved, That the regulatory system allow the issuance of
permits for open ocean aquaculture operations only after the
inventory has been performed and only after a public comment
period of six months with public notice provided in the Federal
Register; and be it further
  Resolved, That the regulatory system include rules developed by
the Secretary of Commerce for the issuance of permits for open
ocean aquaculture operations that balance conservation concerns
against the economic benefits provided by open ocean aquaculture;
and be it further
  Resolved, That the rules developed place a clear priority on
the maintenance of naturally occurring marine resources; and be
it further
  Resolved, That the regulatory system allow a coastal state to
prohibit the siting of open ocean aquaculture operations in
federal waters located directly outside the waters of the state;
and be it further
  Resolved, That the regulatory system require persons receiving
permits for open ocean aquaculture operations to post a bond in
an amount sufficient to compensate for the study and mitigation
of the damage to the marine environment caused by the operations;
and be it further
  Resolved, That the regulatory system impose criminal penalties
for knowing violations of permit conditions, in addition to civil
penalties for failing to comply with permit conditions; and be it
further
  Resolved, That a copy of this memorial shall be sent to each
member of the Oregon Congressional Delegation.
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