[Federal Register Volume 65, Number 57 (Thursday, March 23, 2000)]
[Proposed Rules]
[Pages 15579-15580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7144]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 57 / Thursday, March 23, 2000 / 
Proposed Rules  

[[Page 15579]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Docket Number: TM-00-03]


National Organic Programs; Organic Production and Handling of 
Aquatic Animals To Be Labeled as Organic

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of public meeting and request for comments.

-----------------------------------------------------------------------

SUMMARY: The USDA Agricultural Marketing Service (AMS) plans to hold 
three public meetings to discuss issues related to the organic 
production and handling of aquatic animals to be labeled as organic.

DATES: The meetings are scheduled as follows:
    1. April 10, 2000, from 6 p.m. to 9 p.m., Mobile, Alabama.
    2. April 12, 2000, from 9 a.m. to 1 p.m., Anchorage, Alaska.
    3. May 3, 2000, from 6 p.m. to 9 p.m., Providence, Rhode Island.
    Comment Date: Written and electronic comments must be submitted on 
or before May 17, 2000.

ADDRESSES: The meetings will be held at the following locations:
    1. Alabama--Mobile Convention Center, 1 South Water Street, Room 
201, Mobile, AL.
    2. Alaska--Anchorage Hilton, 500 West Third Avenue, Anchorage, AK.
    3. Rhode Island--Providence Biltmore, 11 Dorrance Street, 
Providence, RI.
    Comment Address: Send written and electronic comments to: Mark 
Keating, National Organic Program, USDA-AMS-TMP-NOP, Room 2510-South, 
Washington, DC 20090-6456.

FOR FURTHER INFORMATION CONTACT: Mark Keating: Telephone: (202) 720-
7804; Fax: (202) 205-7808.

SUPPLEMENTARY INFORMATION: Section 2119 (7 U.S.C. 6518) of the Organic 
Foods Production Act (OFPA) as amended (7 U.S.C. 6501 et seq.) requires 
that livestock that is to be slaughtered and sold or labeled as 
organically produced shall be raised in accordance with the OFPA. 
Section 2103 (7 U.S.C. 6502) of the OFPA defines livestock as 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 nonplant life. Therefore, any fish used for food that is 
to be sold or labeled as organic must be raised in accordance with the 
requirements of the OFPA. The term ``fish'' encompasses all aquatic 
animals used for food including shell fish and fin fish. AMS believes 
that the term ``fish'' may be interpreted not only to encompass aquatic 
animals propagated and raised in a controlled or selected environment 
(``aquaculture''), but also fish harvested from Federally regulated but 
free roaming marine and fresh water populations (``wild harvest''). AMS 
is conducting three public meetings to solicit information regarding 
organic production and handling standards for operations producing 
aquatic animals.

What Is the Purpose of the National Organic Program?

    As set forth in Section 2102 (7 U.S.C. 6501), the OFPA is intended 
to: (1) Establish national standards governing the marketing of certain 
agricultural products as organically produced products; (2) assure 
consumers that organically produced products meet a consistent 
standard; and (3) facilitate commerce in fresh and processed food that 
is organically produced. The National Organic Program (NOP) is the 
entity within AMS responsible for implementing the OFPA. Pursuant to 
section 2119 of the OFPA (7 U.S.C. 6518), the Secretary has established 
the National Organic Standards Board (NOSB) to provide assistance in 
the development of organic standards. The members of the NOSB represent 
distinct disciplines from within the organic community and are 
authorized to propose recommendations to the Secretary on the creation 
and revision of production and handling standards for organically 
managed operations.
    The NOSB received public testimony and engaged in discussion of 
certification standards for aquaculture and wild-harvest aquatic animal 
operations at meetings in July 1998, October 1998, February 1999, July 
1999 and October 1999. The NOP staff will evaluate the testimony and 
discussion from those meetings, consider any subsequent recommendations 
proposed by the NOSB, evaluate any information developed at the public 
national meetings announced in this document, and publish for comment 
in the Federal Register proposed organic standards for operations that 
produce aquatic animals.

What Are the Current Regulations for the Production and Harvesting 
of Aquatic Animals?

    Multiple Federal entities share regulatory authority for the 
production and marketing of aquatic animals. The National Marine 
Fisheries Service (NMFS) within the National Oceanic and Atmospheric 
Administration (NOAA) of the U.S. Department of Commerce provides 
services and products to support domestic and international fisheries 
management operations, fisheries development, trade and industry 
assistance activities, enforcement, protected species and habitat 
conservation operations, and the scientific and technical aspects of 
NOAA's marine fisheries program. The Fish and Wildlife Service of the 
U.S. Department of the Interior fulfills multiple functions including 
managing interjurisdictional fisheries, restoration of aquatic 
ecosystems, and recovery of listed and candidate aquatic species. The 
Animal and Plant Health Inspection Service (APHIS) of USDA has a role 
in both plant and animal aquaculture, especially involving disease and 
pest prevention and wildlife damage management. The Food and Drug 
Administration of the U.S. Department of Health and Human Services 
operates an oversight compliance program for the safety, wholesomeness, 
identity, and economic integrity of marketed seafood products. In 
considering the development of organic production and handling 
standards for operations producing aquatic animals, AMS will consult 
with all Federal entities that share regulatory responsibility for such 
operations.

How Will the Meetings Be Conducted?

    A representative of AMS will preside at each of the three public 
meetings. Any interested person may appear and be heard in person or 
through a

[[Page 15580]]

representative. All public comment will be recorded and will be made 
part of the meeting record. We request that anyone who makes an oral 
comment also submit a written statement to the AMS representative at 
the meeting.

How Can Interested Persons Participate?

    1. In person. Anyone may attend and comment at a meeting. If you 
wish to make a comment, you should register with AMS as soon as 
possible but prior to the meeting date. You may register by calling the 
NOP at (202) 720-3252, at which time you will be requested to submit 
your name, the topic of the comment, and the meeting location where you 
will make the comment. Registration will help ensure that you will be 
able to present your comment during the meeting. You also may register 
to make a comment by sending an e-mail message to 
[email protected]. If you are unable to register prior to the 
meetings, you will be able to sign up at each location on the day of 
the meeting. Late registrants may submit comments on a first-come, 
first-served basis following the completion of comments from pre-
registered individuals. Oral comments will be limited to 5 minutes to 
enable the greatest number of presenters an opportunity to speak.
    2. Written comments. Written comments may be mailed to Mark 
Keating, National Organic Program USDA-AMS-TMP-NOP, P.O. Box 96456, 
Room 2510--South, Washington, DC 20090-6456; Telephone: (202) 720-3252; 
Fax: (202) 205-7808.
    3. Electronically. Comments also may be submitted electronically 
via the Internet through [email protected].

What Topics Should Comments Address?

General

    1. How would the introduction of organic production and handling 
standards for aquatic animal operations affect consumer perception and 
acceptance of the organic certification process for other types of 
operations?
    2. How would an organic label impact the marketing of aquatic 
animals?
    3. What types of certification programs other than organic could 
provide consumers with useful information on the harvesting and 
processing of aquatic animals?
    4. How would AMS organic standards for the production and handling 
of aquatic animals relate to international regulation?

Aquatic Animal Operations

    1. Which components of organic certification for crops and 
livestock are compatible with or similar to operations that produce 
aquatic animals?
    2. How can aquatic animal operations comply with the requirements 
of the OFPA which include:

    -- an organic system plan,
    -- wildcrop harvesting,
    -- origin of slaughter stock,
    -- health care practices,
    -- living conditions,
    -- allowed and prohibited substances,
    -- feed requirements,
    -- post-harvest processing,
    -- identification and record keeping systems.

Wild Harvested Operations

    1. What should be the criteria for determining the suitability of a 
wild harvest site for the production of organic aquatic animals? How 
should prevailing environmental factors such as water quality, the 
presence of prohibited substances, and human activity be incorporated 
into the site inspection and approval? How should the potential impact 
of the operation on the target species, non-target species, and the 
environment be addressed in the certification process?
    2. How can the population dynamics of the targeted species, 
including age distribution, reproductive capacity, and sustainable 
catch limits, be cumulatively addressed by the organic system plans of 
multiple operations?
    3. How can producers anticipate and certifying agents verify site 
conditions over time and across the production site in which wild 
harvest operations function?
    4. How can the management practices of a fish hatchery that 
contributes to a wild harvest population of aquatic animals be 
incorporated into the organic system plan?

Aquaculture Operations

    1. What should the criteria be for evaluating the suitability of a 
production site for an organic aquaculture operation? Specifically, how 
can standards be developed for the site of production to address 
nutrient concentration, the emergence and transfer of disease, the 
escape of captive species to the wild, and detrimental impacts on 
indigenous species?
    2. What characteristics of fish meal are pertinent to the 
requirement in the OFPA that producers supply livestock with 
organically produced feed that meets the requirements of the OFPA?
    3. What guidelines are needed to ensure that the predator control 
practices used in aquaculture operations are consistent with organic 
principles?
    4. Should the induction of triploidy in fish species be classified 
as an allowed or prohibited practice?
    5. How should standards address the origin of livestock requirement 
for aquaculture operations that obtain stock or fry from wild 
populations?

    Dated: March 17, 2000.
Sharon Bomer Lauritsen,
Acting Deputy Administrator, Transportation and Marketing.
[FR Doc. 00-7144 Filed 3-22-00; 8:45 am]
BILLING CODE 3410-02-P