Bill Text

Aquatic Transgenic Animal Act

An Act to prohibit the importation, transportation, possession, spawning, incubation, cultivation, or release of aquatic transgenic animals except under a permit.

Be it enacted by the Legislature of the state of <insert your state’s name here>:

Section 1. Short Title.

This Act shall be known and may be cited as the “Aquatic Transgenic Animal Act.”

Section 2. Intent.

The Legislature declares that the intent of this Act is to protect the state of <insert your state’s name here>’s natural waterways and aquatic ecosystems from aquatic transgenic animals. To accomplish this goal, this Act prohibits the importation, transportation, possession, spawning, incubation, cultivation, or release of aquatic transgenic animals and authorizes the Department of Fish and Wildlife <or your state’s equivalent> to regulate accordingly.

Section 3. Purpose and Findings.

The Legislature finds that:

(A) In recent years, world demand for seafood has increased, resulting in over-fishing of commercial fisheries. Much like with agriculture, researchers are experimenting with genetically modified, aquatic transgenic animals to meet the increase in global seafood demand.

(B) The sale of aquatic transgenic animals for human consumption raises an assortment of food safety concerns. Disease-resistant genes may allow transgenic fish to absorb higher levels of toxic substances, like heavy metals. The potential for allergic reactions also raises concern, as animal proteins from different species are mixed or protein levels are increased in transgenic species.

(C) Environmental concerns center on the potential risk that aquatic transgenic species pose to natural ecosystems and native species populations. Because of faster growth rates, transgenic fish reach sexual maturity faster than native species and pose a threat to the genetic diversity of native populations. In addition, besides growing at a faster rate, transgenic fish have been found to have a lower life expectancy as a result of genetic modification. As the genes from the transgenic fish are passed from generation to generation, a larger percentage of the overall native population will begin to suffer from this reduction in life expectancy. Not only does this represent a loss of genetic diversity but, eventually, this could lead to dramatic decreases and eventual decimation of entire native populations of fish.

(D) Therefore, the Legislature desires to protect the state of <insert your state’s name here>’s aquatic ecosystems by banning the importation, transportation, possession, spawning, incubation, cultivation, or release of aquatic transgenic animals except under permit, and extending regulatory authority to the Department of Fish and Wildlife <or your state’s equivalent>.

Section 4. Definitions.

For the purposes of this Act the following words have the following meanings:

(A) “Aquatic animal” means all freshwater and marine vertebrates and invertebrates species, including, but not limited to, mammals, fishes, amphibians, reptiles, crustaceans, and mollusks.

(B) “Closed-water system” means a system of spawning, incubating, and cultivating fish in which there is no discharge to waters of the state.

(C) “Department” means the Department of Fish and Wildlife <or your state’s equivalent>.

(D) “Transgenic animal” means a genetically engineered organism that has been altered at the molecular or cellular level by one of several specified means that are not possible under natural conditions or processes, including, but not limited to, recombinant DNA and RNA techniques, gene deletion and doubling, introducing a foreign gene, or changing the position of the gene and fish produced by matings between closely related species, as in traditional hybridization.

(E) “Triploid” means an animal that has an extra set of chromosomes because it has been subjected to a process by which it is sterilized by applying heat and/or pressure to females’ eggs, generating an extra chromosome. The extra chromosome renders both males and females sterile.

(F) “Waters of the state” means all freshwater and marine surface and subsurface waters that are contained within, flow through or under, or border upon this state, or any portion of the state, including, but not limited to, streams, rivers, wetlands, ponds, lakes, coastal, ground or surface water, wholly or partially in the state, and natural or artificial watercourses within the jurisdiction of the state. It does not mean private waters, which do not combine or have a junction with natural surface or underground waters (e.g, an isolated farm pond that does not infiltrate to ground water or connect to surface water). Municipal treated sewage systems are also not considered waters of the state.

Section 5. Prohibitions.

(A) It is unlawful to import, transport, or possess in this state, except under a revocable, nontransferable permit as provided in Section 6 of this Act and the regulations pertaining thereto, any aquatic transgenic animal.

(B) It is unlawful to spawn, incubate, cultivate, or release any aquatic transgenic animal species in the waters of the state except under a revocable, non-transferable permit as provided in Section 6 of this Act. This subsection does not apply to <list native fish species of special concern> reared from native <insert your state’s name here> stocks that are propagated and cultured for either of the following:

(1) Research conducted by, or on behalf of, the Department; or

(2) For the purpose of recovery, restoration, or enhancement of <list native fish species of special concern> and native aquatic species populations.

(C) Nothing in this section authorizes artificial spawning, incubation, or cultivation of aquatic transgenic animals unless authorized by a revocable, non-transferable permit as provided in Section 6 of this Act.

Section 6. Exceptions; Permits.

(A) The Department may issue permits for the importation, possession, transportation, spawning, incubation, cultivation, or release of, or research on, aquatic transgenic animals pursuant to the following terms and conditions:

(1) All aquatic transgenic animals shall be held, raised, and transported in a closed-water system, or in a system which treats effluent discharge from the facility with a chlorination/dechlorination system adequate to ensure against the inadvertent release of live animals. Aquatic transgenic animals considered for permit shall be rendered sterile by triploid or other sterilization methods. Evidence of the sterilization shall be presented to the Department. The Department may grant an exception to this requirement only if it is determined that doing so will not pose a significant risk to the waters or wildlife of the state;

(2) Access by non-facility staff to facilities containing aquatic transgenic animals must be restricted through means determined to be adequate by the Department;

(3) Movement of live aquatic transgenic animals from facilities is prohibited unless specifically permitted by the Department;

(4) If aquatic transgenic animals are held with non-transgenic animals of the same species, all such animals that commingle with transgenic animals shall be treated as transgenic for the purposes of this Act and may not be introduced into waters of the state. Non-transgenic individuals that can be individually identified as non-transgenic may be exempt from this provision with prior Department approval;

(5) Any person or persons who cause the unauthorized release of aquatic transgenic animals or their progeny shall be fully and solely responsible for all costs of recovering, destroying, or otherwise removing any of the live aquatic animals that are released into state waters, including all expenses incurred by the Department for personnel, equipment, and facilities used to locate, capture, and transport animals that escape or that are released or abandoned unless the release is caused by an act of God; and

(6) In the case of an unauthorized release of aquatic transgenic animals or their progeny whether by intentional or unintentional means described in paragraph (5) of this section the Department must be notified immediately.

(B) The Department may deny, suspend, revoke, or limit a permit, if an applicant, registrant, or permittee fails to comply with or violates this Act or rules promulgated thereunder.

Section 7. Promulgation of Regulations.

Authority is hereby granted to the Department to promulgate all rules and regulations necessary for the implementation and enforcement of this Act.

Section 8. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.

Section 9. Effective Date.

The provisions of this Act shall become effective immediately upon passage of this Act.