Aquaculture is an important and growing element of the domestic and international food supply; however, the industry has grown slowly in the United States, where offshore facilities remain rare despite recent interest in deploying new facilities. Commentators have blamed this situation on a complex regulatory environment and unsettled regulatory practice. The authors argue, to the contrary, that the existing statutory and regulatory framework is sufficiently robust to effectively manage the environmental impacts of offshore aquaculture, and sufficiently flexible to enable agencies to address critical impacts. On the other hand, implementation is a primary challenge affecting offshore aquaculture permitting and sustainability. Implementation issues may currently constrain the industry, but can be overcome through institutional development and capacity-building.