As long as the number of Pokémon in play (both yours and your opponent's) that has Team Aqua in its name is 3 or less, Team Aqua's Kyogre can't attack.
Aqua Trip
Damage: 10
Flip a coin. If heads, the Defending Pokémon is now Confused. If tails, the Defending Pokémon is now Asleep.
Aqua Smash
Damage: 50
- 70
If the Defending Pokémon is affected by a Special Condition, this attack does 50 damage plus 20 more damage.