[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1192 Introduced in Senate (IS)]

  1st Session
                                S. 1192

    To promote marine aquaculture research and development and the 
  development of an environmentally sound marine aquaculture industry.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 11 (legislative day, July 10), 1995

   Mr. Kerry (for himself, Mr. Pell, and Mr. Inouye) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To promote marine aquaculture research and development and the 
  development of an environmentally sound marine aquaculture industry.
    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 Act of 1995''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--The Congress finds the following:
            (1) The annual demand for seafood products is expected to 
        increase by 350 million pounds by the year 2000 as a result of 
        population growth alone. This demand will be satisfied by a 
        combination of United States harvests, fresh water and marine 
        aquaculture, and imports.
            (2) The marine fishery resources of the United States 
        coastal zone, territorial sea, and exclusive economic zone are 
        renewable, but finite. Sound fishery management programs cannot 
        guarantee that the amount of marine fishery products available 
        to the Nation from United States waters will meet consumer 
        demand without supplementation from marine aquaculture.
            (3) Worldwide there has been a major increase in marine 
        aquaculture and many of these products have been aggressively 
        marketed in the United States. Many of these programs are also 
        heavily subsidized by foreign governments.
            (4) In some foreign nations marine aquaculture has not been 
        adequately controlled and, as a result, there have been 
        undesirable changes to the marine ecosystem which have 
        contributed to production failures from both artificial and 
        natural stocks of fish.
            (5) Within the United States private industry has primarily 
        invested in and developed land-based aquaculture facilities, in 
        part because these facilities are located on privately owned 
        land, and in part because the potential environmental problems 
        associated within these facilities are generally easier to 
        control than those associated with marine facilities. Land-
        based facilities have also benefited from some of the 
        traditional forms of economic assistance provided to farmers 
        under programs administered by the Department of Agriculture.
            (6) Private industry has not taken an equivalent initiative 
        to invest in and develop marine aquaculture facilities within 
        the United States, in part, because our marine waters are not 
        susceptible to private ownership and because our marine waters 
        also support other public trust uses, including navigation, 
        fishing, recreation, and national defense. Additionally, marine 
        aquaculture facilities present several environmental challenges 
        requiring specialized scientific research and regulatory 
        programs. Moreover, the traditional forms of economic 
        assistance provided to fishermen under programs administered by 
        the Department of Commerce have not been as widely available to 
        marine aquaculture facilities because of restrictions in 
        authorizing legislation and funding limitations.
            (7) Further, incorporating environmental concerns in the 
        development of marine aquaculture will enhance the prospects of 
        an economically and environmentally sustainable industry.
            (8) There exist within the Department of Commerce a number 
        of agencies and programs essential to stimulate the private 
        development of marine aquaculture facilities, rebuild depleted 
        fishery resources and protect the marine ecosystem. Among these 
        are programs of the National Marine Fisheries Service, the 
        National Sea Grant College Program, the National Ocean Service, 
        the National Institute of Standards and Technology, the 
        Economic Development Administration, the Minority Business 
        Development Administration, and the International Trade 
        Administration.
    (b) Policy.--It is the policy of the United States--
            (1) to encourage private enterprise to invest in and to 
        develop new employment opportunities in marine aquaculture 
        facilities by restructuring existing financial assistance 
        programs and by safeguarding investments in marine aquaculture 
        facilities;
            (2) to promote research and development in marine 
        aquaculture technology, marine biology, marine ecology, ocean 
        engineering, economics, law, public policy and other 
        disciplines that will contribute to the commercial success of 
        new marine aquaculture facilities while safeguarding the marine 
        ecosystem; and
            (3) to ensure that the placement and operation of any new 
        marine aquaculture facility within a State coastal zone, the 
        territorial sea, or the United States exclusive economic zone, 
        is economically and environmentally sound and does not pose 
        unreasonable constraints on other public trust uses of marine 
        waters, such as navigation, fishing, recreation, and national 
        defense.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the National Sea Grant College Program.
            (2) Offshore marine aquaculture facility.--
                    (A) The term ``offshore marine aquaculture 
                facility'' means any facility which is located in whole 
                or in part in the United States exclusive economic 
                zone, the purpose of which is to raise, breed, grow, or 
                hold in a living state any marine or estuarine 
                organism.
                    (B) Any vessel or other floating craft that forms 
                all or part of an offshore marine aquaculture facility, 
                or any vessel or other floating craft that discharges 
                any material into an offshore marine aquaculture 
                facility, shall not be deemed to be a ``vessel or other 
                floating craft'' under section 502(12)(B) of the Clean 
                Water Act (33 U.S.C. 1362 et al.). Any discharge of 
                material directly into the waters of the facility or 
                from the facility into the surrounding waters shall be 
                considered a point source subject to that Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Under Secretary of Commerce for 
        Oceans and Atmosphere.

SEC. 4. MARINE AQUACULTURE RESEARCH AND DEVELOPMENT PROGRAM.

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

         ``marine aquaculture research and development program

    ``Sec. 206A. (a) Coastal and Marine aquaculture Research and 
Development Program.--The National Sea Grant College Program provided 
for under section 204 shall include a national marine aquaculture 
research and development 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 coastal and marine aquaculture and accelerate 
the development and growth of a sustainable marine aquaculture 
industry.
    ``(b) Program Scope.--The marine aquaculture research and 
development program shall include research, development, education and 
technology transfer programs that address, but are not limited to, the 
following:
            ``(1) Fundamental biological knowledge needed for 
        domesticating candidate species;
            ``(2) Environmentally safe technologies, methods and 
        systems for culturing marine species in the coastal 
        environment, encouraging sustainable aquaculture practices, and 
        remediating environmental problems;
            ``(3) Aquaculture technologies that are compatible with 
        other uses of the sea;
            ``(4) Application of marine biotechnology to marine 
        aquaculture;
            ``(5) Methods for addressing and resolving conflicts 
        between marine aquaculture and other competing users of the 
        marine environment;
            ``(6) Comparative studies of State practices regarding the 
        regulation and promotion of marine aquaculture so as to 
        identify and resolve interstate conflicts and issues;
            ``(7) Education programs to foster understanding and 
        awareness of the environmental and policy implications of 
        aquaculture and marine aquaculture development, including the 
        role of aquaculture in meeting consumer demand for seafood, and 
        the role of aquaculture in rebuilding depleted fish stocks; and
            ``(8) Development of pilot projects for offshore 
        aquaculture facilities.
    ``(c) Sea Grant Marine Advisory Services.--The National Sea Grant 
College Program 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 (8).
    ``(d) Administration.--In carrying out the marine aquaculture 
research and development program, the Director shall--
            ``(1) coordinate and administer the relevant activities of 
        the Sea Grant College and any advisory committee and review 
        panel established under subsection (f);
            ``(2) consult with the directors of State Sea Grant 
        programs and other organizations with interests in aquaculture 
        to identify program priorities and needs and, to the extent 
        possible, undertake collaborative efforts, and use this 
        information to identify priorities for marine aquaculture 
        research and planning;
            ``(3) provide general oversight to ensure that the marine 
        aquaculture research and development program produces the 
        highest quality research, education and technology transfer and 
        leads to opportunities for business development 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 
        research, education, technology transfer, and advisory 
        proposals 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 and development of 
                a sustainable marine aquaculture industry.
            ``(2) 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 in 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 Advisory and Review Panels.--
            ``(1) Establishment.--The Director may establish such 
        advisory committees and review panels as necessary to carry out 
        this section, (or utilize any such existing committee that 
        satisfies the requirements of this subsection).
            ``(2) Membership.--Members of advisory committees and 
        review panels should be selected to have the professional 
        expertise necessary to review grants received, and in general, 
        should include representatives of relevant disciplines and 
        professions such as fisheries scientists, environmental 
        scientists, and representatives of the marine aquaculture and 
        capture fishing industries.
            ``(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 section (e)(2)(A).
    ``(g) 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--
                    ``(A) $100,000 for each of fiscal years 1995 and 
                1996; and
                    ``(B) $120,000 for each of fiscal years 1997 and 
                1998.''.

SEC. 5. AQUACULTURE IN THE COASTAL ZONE.

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

SEC. 6. OFFSHORE MARINE AQUACULTURE PERMITTING.

    (a) Ownership, Construction, and Operation of Offshore Marine 
Aquaculture Facilities.--Notwithstanding subsection (n) of this 
section, 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 for a permit under this section shall 
        not exceed 10 years and may be renewed after such time.
            (3) Ownership.--Whereas a facility's physical structure, 
        the organisms stocked therein, and any business interests in an 
        offshore marine aquaculture facility can be privately owned by 
        the permittee, the area of ocean used by a marine aquaculture 
        facility remains in public ownership, with only a revocable use 
        permit being granted to the permittee.
    (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 comply with the environmental standards 
                established by the Secretary under subsection (k) and 
                will not significantly interfere with other public 
                trust uses of the ocean, including recreational and 
                commercial fishing, navigation, conservation, and 
                aesthetic enjoyment;
                    (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 the Secretary with a bond or other 
        assurances to pay for all costs associated with 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 60 day 
        comment period 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 an application for a permit under this 
        section, the Secretary shall forward a copy of this application 
        to--
                    (A) the Secretary of the agency in which the Coast 
                Guard is located;
                    (B) the Administrator of the Environmental 
                Protection Agency;
                    (C) the Secretary of the Interior;
                    (D) 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, or having 
                authority over fish stocks which could be ecologically 
                effected by construction or operation of such facility;
                    (E) the Secretary of Defense; and
                    (F) the Governor of each State--
                            (i) adjacent to the location specified by 
                        the permit or which would be ecologically 
                        affected by permit activities; and
                            (ii) which 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 90 days after receiving a copy of a permit 
        application transmitted under paragraph (1), the official shall 
        certify to the Secretary whether or not the activities to be 
        conducted under the permit would comply with the 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 
                subsection.
            (4) Extension of time for certification.--An official may 
        request, in writing, that the Secretary extend by not more than 
        30 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 
        substantial violation of any term of the permit, this section, 
        or any regulation promulgated pursuant to this section.
            (2) Surrender.--A permittee 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 may assess permit fees not to exceed 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 as necessary to carry out this section.
    (k) Environmental Standards.--
            (1) Establishment.--Within 2 years after the date of 
        enactment of this Act, the Secretary 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 adverse impacts on the 
        marine environment from such facilities and shall include--
                    (A) safeguards to conserve genetic resources, 
                including methods to minimize genetic mixing of 
                cultured stocks and natural marine stocks;
                    (B) safeguards to prevent or minimize ecological or 
                economic harm to marine ecosystems by intentional or 
                unintentional introductions of nonindigenous marine 
                aquaculture species;
                    (C) safeguards to prevent or minimize transmission 
                of disease to wild stocks;
                    (D) safeguards to maintain applicable Federal water 
                quality standards;
                    (E) safeguards to ensure that any efforts to 
                control predation on cultivated stocks are 
                environmentally and ecologically sound; and
                    (F) other applicable measures to protect the marine 
                environment.
            (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.
            (3) Review.--The Secretary shall periodically review the 
        standards established under paragraph (1) and revise the 
        standards based on significant new information including 
        results of the pilot project.
    (l) Cumulative Effects.--The Secretary shall report to Congress 5 
years after the enactment of this Act on all permits issued under this 
Act, including the cumulative effects of all permitted facilities on 
public trust uses of the ocean.
    (m) Offshore Marine Aquaculture Pilot Programs.--
            (1) In general.--The Secretary in cooperation with other 
        Federal and State agencies, acting through the National Sea 
        Grant College Program, is authorized to conduct, to make grants 
        for, or to contract for, projects to demonstrate sustainable 
        approaches to development, installation, or operation of 
        offshore marine aquaculture facilities. Such projects shall 
        take into consideration any environmental guidelines developed 
        by the Secretary, and shall, to the maximum extent practicable, 
        meet the requirements of permits issued under this section.
            (2) Term.--Any pilot project authorized pursuant to this 
        subsection shall be for a term not to exceed two years, and may 
        be renewed after such time.
            (3) Purpose.--Such projects shall demonstrate the 
        technological and economic feasibility of various marine 
        aquaculture technologies which will contribute substantially to 
        the development of a sustainable marine aquaculture industry.
            (4) Ecosystem safeguards.--The Secretary, in selecting 
        projects under this subsection, shall be satisfied that any 
        project authorized will not adversely affect the marine 
        environment, and shall be designed to prevent or minimize 
        ecological or economic harm to marine ecosystems by intentional 
        or unintentional introductions of nonindigenous marine 
        aquaculture species.
            (5) Contents of public announcements.--The Secretary shall 
        make a public announcement concerning--
                    (A) the title, purpose, intended completion date, 
                identity of the grantee or contractor, and proposed 
                cost of any grant or contract with a private or non-
                Federal agency for any research, demonstration, pilot 
                project, study, or report under this subsection; and
                    (B) the results, findings, data, or recommendations 
                made or reported as a result of such activities.
            (6) Time.--A public announcement required by paragraph 
        (5)(A) shall be made within 30 days after making a grant or 
        contract, and a public announcement required by paragraph 
        (5)(B) shall be made within 90 days after the receipt of such 
        results.
            (7) Publication of summaries of results; submission to 
        appropriate congressional committees.--The Secretary shall 
        publish summaries of the results of activities carried out 
        pursuant to this subsection not later than 90 days after the 
        completion thereof. The Secretary shall submit to the Senate 
        Committee on Commerce, Science, and Transportation copies of 
        all such summaries.

SEC. 7. MODEL ENVIRONMENTAL GUIDELINES.

    (a) Model Environmental Guidelines.--
            (1) Within two years after the date of enactment of this 
        Act, the Secretary in consultation with other appropriate 
        Federal and State agencies, shall develop and establish model 
        environmental guidelines with respect to marine aquaculture 
        facilities located within State waters.
            (2) In order to carry out this section, the Secretary shall 
        seek advice from representatives of relevant disciplines and 
        professions such as fisheries scientists, environmental 
        scientists, and representatives of the marine aquaculture and 
        capture fishing industries, and may utilize any Marine 
        Aquaculture Advisory and Review Panels established under 
        section 206A(f) of the National Sea Grant College Program Act.
            (3) The Secretary shall provide public notice in the 
        Federal Register and allow for a 90 day comment period before 
        finalizing its model guidelines.
            (4) The guidelines should include best management practices 
        to minimize the potential for damage to the marine ecosystem 
        from marine aquaculture facilities, including, but not limited 
        to--
                    (A) conserving genetic resources, including methods 
                to minimize genetic mixing of cultured stocks with 
                natural marine stocks;
                    (B) preventing or minimizing ecological or economic 
                harm to marine ecosystems by intentional or 
                unintentional introductions of nonindigenous marine 
                aquaculture species;
                    (C) maintaining applicable Federal and State water 
                quality standards by marine aquaculture facilities;
                    (D) minimizing ``visual pollution'' and other 
                interference with public trust uses of the ocean from 
                marine aquaculture facilities; and
                    (E) ensuring that any efforts to control predation 
                on cultivated stocks are environmentally and 
                ecologically sound.
            (5) The Secretary shall also develop a program to promote 
        voluntary compliance by the marine aquaculture industry with 
        the guidelines.
    (b) State Aquaculture Management.--Upon completion of environmental 
guidelines, the Secretary
 shall submit the environmental guidelines to State coastal zone 
management agencies, and other Federal and State agencies with a role 
in aquaculture, marine aquaculture or other coastal and marine 
resources. These State agencies shall review the environmental 
guidelines for marine aquaculture operations and consider incorporating 
them into State aquaculture programs or permitting processes where 
applicable.

SEC. 8. ECONOMIC DEVELOPMENT.

    (a) Comprehensive Report.--The Secretary shall review all programs 
administered by the Department of Commerce through the National Oceanic 
Atmospheric Administration, the National Institute of Standards and 
Technology, the Economic Development Administration, the Minority 
Business Development Administration, and the International Trade 
Administration that pertain to the seafood industry. Within two years 
after the date of enactment of this Act, the Secretary shall report to 
Congress how the Department of Commerce programs have been employed to 
stimulate the development of commercial marine aquaculture facilities 
within the United States or the exclusive economic zone. The report 
shall include recommendations for changes in any Federal law or 
administrative procedure that, in the judgment of the Secretary, 
constitutes an unreasonable impediment to the growth of a commercially 
and environmentally sound marine aquaculture facility.
    (b) Economic Assistance.--The Secretary shall make the financial 
assistance programs of the Department of Commerce fully available to 
qualified applicants seeking to construct marine aquaculture facilities 
in a State coastal zone or the United States exclusive economic zone. 
The programs shall include, but not be limited to, the Capital 
Construction Fund Program, the Fisheries Obligation Guarantee Program, 
the Saltonstall-Kennedy Grant Program, the Marine Fisheries Initiative 
Grant Program, and the programs of the Economic Development 
Administration. To the extent such projects are economically sound, the 
Secretary shall grant priority to applicants from those regions of the 
United States where marine fishery conservation requirements have led 
to reduced employment in the commercial or recreational fishing 
industry.
                                 <all>
S 1192 IS----2