[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4853 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4853

  To amend the National Sea Grant College Program Act and the Coastal 
Zone Management Act of 1972 to enhance marine aquaculture in the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 1994

   Mr. Studds (for himself, Mr. Reed, and Mr. Hughes) introduced the 
following bill; which was referred to the Committee on Merchant Marine 
                             and Fisheries

_______________________________________________________________________

                                 A BILL


 
  To amend the National Sea Grant College Program Act and the Coastal 
Zone Management Act of 1972 to enhance marine aquaculture in the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Aquaculture Enhancement Act 
of 1994''.

SEC. 2. MARINE AQUACULTURE RESEARCH, DEVELOPMENT, AND TECHNOLOGY 
              TRANSFER PROGRAM.

    The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) 
is amended by inserting after section 206 the following:

``SEC. 206A. MARINE AQUACULTURE RESEARCH, DEVELOPMENT, AND TECHNOLOGY 
              TRANSFER PROGRAM.

    ``(a) Marine Aquaculture Research, Development, and Technology 
Transfer Program.--The national sea grant college program under section 
204 shall include a marine aquaculture research, development, and 
technology transfer program (in this section referred to as the 
`Program') under which the Secretary, acting through the Director, 
shall make grants and enter into contracts in accordance with this 
section, and engage in other activities authorized under this Act, to 
further research, development, education, and technology transfer in 
marine aquaculture and accelerate the development, growth, and 
commercialization of the domestic marine aquaculture industry.
    ``(b) Program Scope.--The Program shall include research, 
development, technology transfer, education, and marine advisory 
programs that address at least the following:
            ``(1) The development of domestic marine aquaculture 
        products that are commercially competitive in the world market.
            ``(2) Fundamental biological knowledge that is needed for 
        domesticating and commercializing marine species that are 
        candidates for aquaculture.
            ``(3) Environmentally safe technologies, methods, and 
        systems for culturing marine species in the coastal 
        environment.
            ``(4) Aquaculture technologies that are compatible with 
        other uses of the sea.
            ``(5) Application of marine biotechnology to aquaculture.
            ``(6) Methods for addressing and resolving conflicts 
        between marine aquaculture and other uses of the coastal 
        environment.
            ``(7) Comparative studies of State practices regarding the 
        regulation and promotion of marine aquaculture, so as to 
        identify interstate conflicts and issues.
    ``(c) Sea Grant Marine Advisory Services.--The Secretary shall 
maintain within the Marine Advisory Service, the capability to transfer 
relevant technologies and information to the marine aquaculture 
industry. Particular emphasis shall be given to the matters referred to 
in subsection (b) (1) through (7).
    ``(d) Administration.--In carrying out the Program, the Director 
shall--
            ``(1) coordinate and administer the relevant activities of 
        the sea grant colleges and any advisory committee or review 
        panel established under subsection (f);
            ``(2) consult with the Joint Subcommittee on Aquaculture 
        and the aquaculture industry to identify program priorities and 
        needs and, to the extent possible, undertake collaborative 
        efforts; and
            ``(3) provide general oversight to ensure that the Program 
        produces the highest quality research, education, and 
        technology transfer and leads to opportunities for business 
        development, the commercialization of marine aquaculture 
        products, and jobs creation.
    ``(e) Grants and Contracts.--
            ``(1) In general.--The Director, subject to the 
        availability of appropriations, shall award grants and 
        contracts in accordance with procedures, requirements, and 
        restrictions under section 205 (c) and (d) for aquaculture 
        education, technology transfer, and advisory projects based on 
        a competitive review of--
                    ``(A) their respective scientific, technical, and 
                educational merits; and
                    ``(B) their likelihood of producing information and 
                technology which lead to the growth, development, and 
                commercialization of the marine aquaculture industry.
            ``(2) Special requirements.--In addition to requirements 
        applicable under section 205, applications for grants and 
        contracts under this subsection shall be--
                    ``(A) received, evaluated, and selected by the 
                appropriate directors of sea grant colleges;
                    ``(B) forwarded by those directors to the Director; 
                and
                    ``(C) evaluated by a review panel established in 
                accordance with subsection (f).
            ``(3) Funding.--Grants made and contracts entered into 
        under this section shall be funded with amounts available from 
        appropriations made pursuant to the authorization provided for 
        under section 212(c), except that if the project under a grant 
        or contract was considered and approved, in whole or part, 
        under grant or contract authority provided for under section 
        205 (a) or (b) or section 3 of the Sea Grant Program 
        Improvement Act of 1976, the grant or contract shall be funded 
        from amounts available to carry out that section.
    ``(f) Marine Aquaculture Review Panels.--
            ``(1) Establishment and duties.--The Director, in 
        consultation with the directors of a sea grant college and 
        representatives of the marine aquaculture industry, shall 
        establish such advisory committees and review panels as may be 
        necessary to carry out this section.
            ``(2) Membership.--At least 25 percent of the members of 
        any advisory committee or review panel established under this 
        subsection shall be appointed from among representatives of the 
        marine aquaculture industry.
            ``(3) Access to evaluations of grants and contracts.--The 
        Director shall provide to each advisory committee and review 
        panel established under this subsection copies of appropriate 
        grant and contract application evaluations prepared by 
        directors of sea grant colleges under subsection (e)(2)(A).
    ``(g) Marine Aquaculture Defined.--As used in this section, the 
term `marine aquaculture' means aquaculture which is conducted in 
controlled or other tidal fresh, brackish, or coastal environments, 
including the Great Lakes.
    ``(h) Authorization of Appropriations.--
            ``(1) Grants and contracts.--There is authorized to be 
        appropriated to carry out this section (other than for 
        administration)--
                    ``(A) $5,000,000 for each of fiscal years 1995 and 
                1996; and
                    ``(B) $7,000,000 for each of fiscal years 1997 and 
                1998.
            ``(2) Administration.--There is authorized to be 
        appropriated for the administration of this section the lesser 
        of--
                    ``(A) for each fiscal year, 2 percent of the total 
                amount appropriated to carry out this section 1995 and 
                1996; and
                    ``(B)(i) $100,000, for each of fiscal years 1995 
                and 1996; and
                    ``(ii) $120,000 for each of fiscal years 1997 and 
                1998.''.

SEC. 3. AQUACULTURE IN THE COASTAL ZONE.

    The Coastal Zone Management Act of 1972 is amended--
            (1) in section 306A(b) (16 U.S.C. 1455a(b)) by adding at 
        the end of the following:
            ``(4) The development of a coordinated process among State 
        agencies to regulate and issue permits for aquaculture 
        facilities in the coastal zone.''; and
            (2) in section 309(a) (16 U.S.C. 1456b(a)) by adding at the 
        end the following:
            ``(9) Adoption of procedures and policies to evaluate and 
        facilitate the siting of public and private aquaculture 
        facilities in the coastal zone which will enable States to 
        formulate, administer, and implement strategic plans for marine 
        aquaculture.''.

SEC. 4. OFFSHORE MARINE AQUACULTURE PERMITTING.

    (a) Ownership, Construction, and Operation of Offshore Marine 
Aquaculture Facilities.--No person may own, construct, or operate an 
offshore marine aquaculture facility except as authorized by a permit 
issued under this section.
    (b) Permit Issuance and Term.--
            (1) In general.--The Secretary may issue, amend, renew, or 
        transfer in accordance with this section permits which 
        authorize the ownership, construction, or operation of an 
        offshore marine aquaculture facility.
            (2) Term.--The term of a permit under this section shall be 
        10 years.
    (c) Permit Prerequisites.--The Secretary may not issue, amend, 
renew, or transfer a permit to a person under this section unless--
            (1)(A) each of the officials referred to in subsection 
        (e)(1) has certified to the Secretary that the activities to be 
        conducted under the permit would comply with laws administered 
        by the official; or
            (B) the permit establishes the conditions transmitted under 
        subsection (e)(3)(A) by each of those officials that does not 
        make that certification, and each of the remainder of those 
        officials makes that certification;
            (2) the Secretary determines that--
                    (A) construction and operation of a facility under 
                the permit will be in the national interest and comply 
                with the environmental standards established by the 
                Secretary under subsection (k);
                    (B) the site for the facility will not interfere 
                with facilities previously permitted under this section 
                or any other Federal law; and
                    (C) the person, upon revocation or surrender of the 
                permit, will properly dispose of or remove the facility 
                as directed by the Secretary; and
            (3) the person provides to the Secretary a bond or other 
        assurances to pay for all costs associated with the removal of 
        the facility.
    (d) Public Notice and Comment Period.--
            (1) Notice.--The Secretary shall publish in the Federal 
        Register--
                    (A) notice of receipt of each application for a 
                permit under this section; and
                    (B) notice of issuance of each permit issued, 
                amended, renewed, or transferred under this section.
            (2) Public comment.--The Secretary shall provide a period 
        of at least 90 days for the submission by the public of 
        comments regarding each application received by the Secretary 
        for the issuance, amendment, renewal, or transfer of a permit 
        under this section.
    (e) Agency Notice and Comment.--
            (1) Transmission of copies of applications.--Not later than 
        30 days after receiving of an application for a permit under 
        this section, the Secretary shall forward a copy of the 
        application to--
                    (A) the Secretary of the department in which the 
                Coast Guard is operating;
                    (B) the Administrator of the Environmental 
                Protection Agency;
                    (C) the Attorney General;
                    (D) the Secretary of State;
                    (E) the Chairman of the Regional Fishery Management 
                Council under the Magnuson Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.) having 
                authority over waters in which would occur the 
                activities for which the permit is sought;
                    (F) the Secretary of Defense; and
                    (G) the Governor of each State that--
                            (i) would be affected by activities for 
                        which the permit is sought; and
                            (ii) has an approved coastal zone 
                        management program under the Coastal Zone 
                        Management Act of 1972 (16 U.S.C. 1451 et 
                        seq.).
            (2) Certification of compliance.--Subject to paragraph (4), 
        not later than 120 days after receiving a copy of a permit 
        application transmitted under paragraph (1) of the official 
        shall certify to the Secretary whether or not the activities to 
        be conducted under the permit would comply with laws 
        administered by the official.
            (3) Transmittal of reasons for noncompliance and permit 
        conditions.--If an official certifies under paragraph (1) that 
        activities to be conducted under a permit is sought would not 
        comply with a law--
                    (A) the official shall transmit to the Secretary 
                the reasons for that noncompliance and any permit 
                conditions that would ensure compliance; and
                    (B) the Secretary shall establish those conditions 
                in any permit for the activity issued under this 
                section.
            (4) Extension of time for certification.--An official may 
        request, in writing, that the Secretary extend by not more than 
        60 days the period for making certifications under paragraph 
        (2). The Secretary may grant the extension for good cause 
        shown.
    (f) Permit Revocation or Surrender.--
            (1) Revocation.--The Secretary may revoke any permit issued 
        under this section if the permittee is found to be in violation 
        of any term of the permit, this section, or any regulation 
        promulgated pursuant to this section.
            (2) Surrender.--A permitee may surrender a permit under 
        this section to the Secretary at any time, subject to any 
        safeguards or conditions established by the Secretary.
    (g) Permit Renewal and Transfer.--A permit under this section may 
be renewed or transferred in accordance with the procedures and 
requirements applicable to the issuance of a new permit. The term of a 
permit, upon renewal, shall not exceed 10 years.
    (h) Fees.--The Secretary shall assess permit fees to cover the cost 
of administering the program authorized by this section.
    (i) Civil Penalty.--The Secretary may assess a civil penalty of not 
more than $100,000 for each violation of a permit under this section.
    (j) Promulgation of Regulations.--The Secretary shall promulgate 
regulations necessary to carry out this section.
    (k) Environmental Standards.--
            (1) Establishment.--The Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency, shall 
        issue regulations which establish minimum environmental 
        standards with respect to offshore marine aquaculture 
        facilities. Such standards shall be designed to minimize the 
        potential for inadvertent impacts on the marine environment 
        from such facilities, and shall include--
                    (A) safeguards to prevent escape of marine 
                organisms from the facility and the intermingling of 
                those organisms with wild stocks;
                    (B) safeguards to prevent transmission of disease 
                to wild stocks; and
                    (C)--safeguards to minimize degradation of the 
                marine environment where the facility is located and 
                the surrounding vicinity.
            (2) Inclusion of permit terms.--The standards established 
        under paragraph (1) shall be treated as part of the terms of 
        each permit issued under this section.
    (l) Definitions.--For the purposes of this section:
            (1) Offshore marine aquaculture facility.--The term 
        ``offshore marine aquaculture facility'' means any commercial 
        facility which is located in whole or in part in waters beyond 
        State jurisdiction within the territorial sea or the exclusive 
        economic zone of the United States, the purpose of which is to 
        raise, breed, grow, harvest, or sell any marine or estuarine 
        organism.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Under Secretary of Commerce for 
        Oceans and Atmosphere.
            (3) Person.--The term ``person'' means a citizen of the 
        United States.

SEC. 5. THE NANTUCKET PROGRAM.

    (a) Establishment of Program.--There is established within the 
National Oceanic and Atmospheric Administration a marine aquaculture 
development program to be known as the Nantucket Program (in this 
section referred to as the ``Program''). The purpose of the Program is 
to expand coastal economic opportunities through activities that 
provide job training, technical assistance, and employment 
opportunities in marine aquaculture, transplant, and relay operations.
    (b) Grants.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary of Commerce (in this section 
        referred to as the ``Secretary'') shall provide grants under 
        the Program to eligible coastal communities to develop marine 
        aquaculture training and support activities that contribute to 
        achieving the purpose of the Program set forth in subsection 
        (a).
            (2) Grant eligibility.--A coastal community shall be an 
        eligible coastal community under paragraph (1) if the Secretary 
        determines that the community meets the criteria issued under 
        paragraph (3).
            (3) Eligibility criteria.--The Secretary shall issue 
        guidelines and criteria for determining whether a coastal 
        community is an eligible coastal community under paragraph (1).
    (c) Authorization of Appropriations.--For grants under subsection 
(b) there are authorized to be appropriated to the Secretary $2,000,000 
for each of fiscal years 1995, 1996, and 1997.

SEC. 6. MULTISPECIES AQUACULTURE CENTER.

    (a) Establishment of Center.--The Secretary of Commerce may 
establish in southern New Jersey, a Multispecies Aquaculture Center (in 
this section referred to as the ``Center'').
    (b) Functions of Center.--The Center shall promote the development 
of the aquaculture industry through a variety of activities, including 
by--
            (1) serving as a demonstration facility for technology 
        transfer and the commercialization of aquaculture research; and
            (2) providing extension services to aquaculture producers, 
        including with respect to production diversification, disease 
        control, water quality maintenance, and product marketing.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for establishment and 
operation of the Center $4,500,000 for fiscal years 1995, 1996, and 
1997.
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HR 4853 IH----2