[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1195 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1195

To provide the necessary authority to the Secretary of Commerce for the 
 establishment and implementation of a regulatory system for offshore 
aquaculture in the United States Exclusive Economic Zone, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2005

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

_______________________________________________________________________

                                 A BILL


 
To provide the necessary authority to the Secretary of Commerce for the 
 establishment and implementation of a regulatory system for offshore 
aquaculture in the United States Exclusive Economic Zone, and for other 
                               purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Offshore Aquaculture Act of 
2005''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) It is the policy of the United States to--
                    (A) support an offshore aquaculture industry that 
                will produce food and other valuable products, protect 
                wild stocks and the quality of marine ecosystems, and 
                be compatible with other uses of the Exclusive Economic 
                Zone;
                    (B) encourage the development of responsible marine 
                aquaculture in the Exclusive Economic Zone by providing 
                the necessary authorities and procedures for offshore 
                marine aquaculture operations, demonstrations, and 
                research, through public-private partnerships;
                    (C) establish a permitting process for aquaculture 
                in the Exclusive Economic Zone to encourage private 
                investment in aquaculture operations, demonstrations, 
                and research; and
                    (D) promote research and development in marine 
                aquaculture science, technology, and related social, 
                economic, legal, and environmental management 
                disciplines that will enable marine aquaculture 
                operations and demonstrations to achieve operational 
                objectives while protecting marine ecosystem quality.
            (2) Offshore aquaculture activities within the Exclusive 
        Economic Zone of the United States constitute activities with 
        respect to which the United States has proclaimed sovereign 
        rights and jurisdiction under Presidential Proclamation 5030 of 
        March 10, 1983.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Demonstration.--The term ``demonstration'' means pilot-
        scale testing of aquaculture science and technologies, or farm-
        scale research.
            (2) Exclusive economic zone.--The term ``Exclusive Economic 
        Zone'' means, unless otherwise specified by the President in 
        the public interest in a writing published in the Federal 
        Register, a zone, the outer boundary of which is 200 nautical 
        miles from the baseline from which the breadth of the 
        territorial sea is measured, except as established by a 
        maritime boundary treaty in force for the United States, or in 
        the absence of such a treaty where the distance between the 
        coastal State and another State is less than 400 nautical 
        miles, an equidistance line between the 2 States. The inner 
        boundary of that zone is--
                    (A) a line coterminous with the seaward boundary of 
                each of the several coastal States, as defined in 
                sections 2(b) and 4 of the Submerged Lands Act (43 
                U.S.C. 1301(b) and 1312);
                    (B) a line 3 marine leagues from the coastline of 
                the Commonwealth of Puerto Rico;
                    (C) a line 3 geographical miles from the coastlines 
                of American Samoa, the Virgin Islands, and Guam, 
                respectively; and
                    (D) for any other Commonwealth (including the 
                Commonwealth of the Northern Marianas), territory, or 
                possession of the United States not referred to in 
                subparagraph (B) or (C), the outer boundary of the 12-
                mile territorial sea, and, for the purposes of applying 
                this Act to any such commonwealth, territory, or 
                possession, that zone shall also include the area 
                within the territorial sea.
            (3) Indian tribe and alaska native organization.--The term 
        ``Indian Tribe and Alaska Native organization'' has the meaning 
        given the term ``Indian Tribe'' in section 102 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
            (4) Lessee.--The term ``lessee'' means the party authorized 
        by a lease, or an approved assignment thereof, to explore for 
        and develop and produce leased deposits of oil, gas, or sulphur 
        pursuant to 43 U.S.C. 1441 et seq.
            (5) Marine species.--The term ``marine species'' means 
        finfish, mollusks, crustaceans, marine algae, and all other 
        forms of marine life, excluding marine mammals and birds.
            (6) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means all activities, including the operation of 
        offshore aquaculture facilities, involved in the propagation 
        and rearing, or attempted propagation and rearing, of marine 
        species in the United States Exclusive Economic Zone.
            (7) Offshore aquaculture facility.--The term ``offshore 
        aquaculture facility'' means--
                    (A) an installation or structure used for offshore 
                aquaculture; or
                    (B) an area of the seabed or the subsoil used for 
                offshore aquaculture of living organisms belonging to 
                sedentary species.
            (8) Operating permit.--The term ``operating permit'' means 
        an authorization issued under section 4(c) to raise specified 
        marine species in a specific offshore aquaculture facility 
        within the area described in an offshore aquaculture site 
        permit.
            (9) Person.--The term ``person'' means any individual 
        (whether or not a citizen or national of the United States), 
        any corporation, partnership, association, or other non-
        governmental entity (whether or not organized or existing under 
        the laws of any State), and State, local or tribal government 
        or entity thereof, and, except as otherwise specified by the 
        President in writing, the Federal Government or an entity 
        thereof, and, to the extent specified by the President in 
        writing, a foreign government or an entity thereof.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (11) Site permit.--The term ``site permit'' means an 
        authorization issued under section 4(b) to use a specified area 
        of the U.S. Exclusive Economic Zone for a specified period of 
        time for purposes of offshore aquaculture.
            (12) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the United States Virgin Islands, Guam, 
        the Commonwealth of the Northern Mariana Islands, and any other 
        Commonwealth, territory, or possession of the United States.

SEC. 4. OFFSHORE AQUACULTURE PERMITS.

    (a) In General.--
            (1) The Secretary is authorized to establish, in 
        consultation as appropriate with other relevant Federal 
        agencies, a process to make areas of the Exclusive Economic 
        Zone available to eligible persons for the development and 
        operation of offshore aquaculture facilities, which shall 
        include--
                    (A) the development of procedures necessary to 
                implement a permitting process under this Act, the form 
                and manner in which applications for permits may be 
                made, and the inclusion of any special conditions that 
                may apply to a permit; and
                    (B) the coordination of the offshore aquaculture 
                permitting process, together with the regulations for 
                siting criteria, environmental protection, monitoring 
                and enforcement, research, and economic and social 
                development, with similar activities administered by 
                other Federal agencies and States.
            (2) Permits for offshore aquaculture located on leases or 
        easements authorized or for which a permit has been issued 
        under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
        seq.), or within 1 mile of any other facility for which a 
        permit has been issued under that Act, shall require the 
        concurrence of the Secretary of the Interior.
            (3) It shall be unlawful to engage in offshore aquaculture 
        except in accordance with the terms of a valid site permit and 
        a valid operating permit issued by the Secretary under this 
        Act.
            (4) An offshore aquaculture permit holder shall--
                    (A) be a resident of the United States;
                    (B) be a corporation, partnership or other entity 
                organized and existing under the laws of a State or the 
                United States; or
                    (C) to the extent required by the Secretary of 
                Commerce by regulation after coordination with the 
                Secretary of State, waive any immunity, and consent to 
                the jurisdiction of the United States and its courts, 
                for matters arising in relation to such permit and 
                appoint and maintain agents within the United States 
                who are authorized to receive and respond to any legal 
                process issued in the United States with respect to 
                such permit holder.
            (5) Applications for site permits and operating permits may 
        be submitted and reviewed concurrently.
            (6) Within 120 days after determining that a permit 
        application is complete and has satisfied all applicable 
        statutory and regulatory requirements, the Secretary shall 
        render a permit decision. If the Secretary is unable to render 
        a permit decision within this time period, the Secretary shall 
        provide written notice to the applicant indicating the reasons 
        for the delay and establishing a reasonable timeline for a 
        permit decision.
            (7) Permits issued under this Act do not supersede or 
        substitute for any other authorization required under 
        applicable Federal or State law or regulation and shall 
        authorize the permit holder to conduct activities consistent 
        with the provisions of this Act, regulations issued under this 
        Act, and any specific terms, conditions, and restrictions 
        applied to the permit by the Secretary.
            (8) Vessels owned or used by any offshore aquaculture 
        permit holder shall be exempt from the requirement for 
        documentation or a fishery endorsement under sections 12102 and 
        12108 of title 46, United States Code, for only so long as the 
        vessel is owned or used in support of activities under the 
        permit. All other sections of that title apply as if the 
        exempted vessel was documented.
    (b) Site Permits.--
            (1) The Secretary is authorized to issue an offshore 
        aquaculture site permit to any person meeting the eligibility 
        criteria in subsection (a)(4) under such terms and conditions 
        as the Secretary shall prescribe.
            (2) The Secretary shall establish the terms, conditions, 
        and restrictions applicable to such permit, and shall specify 
        in the site permit the duration, size, and location of the 
        offshore aquaculture facility.
            (3) Except for demonstration projects and offshore 
        aquaculture permits requiring concurrence of the Secretary of 
        the Interior under subsection (a)(2), the site permit shall 
        have a duration of 10 years, renewable thereafter at the 
        discretion of the Secretary in 5-year increments. The duration 
        of permits subject to the provisions of subsection (a)(2) shall 
        be developed in consultation as appropriate with the Secretary 
        of the Interior, except that each such permit shall expire no 
        later than the date that the oil and gas lessee, or the 
        lessee's operator, submits to the Secretary of the Interior a 
        final application for the removal of the facility upon which 
        the offshore aquaculture facility is located.
            (4) At the expiration or termination of a site permit for 
        any reason, the site permit holder shall remove all structures, 
        gear, and other property from the site, and take other measures 
        to restore the site as may be prescribed by the Secretary.
            (5) For offshore aquaculture located on facilities 
        authorized or for which a permit has been issued under the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the 
        aquaculture permit holder and all parties that are or were 
        lessees of the lease on which the facilities are located during 
        the term of the site permit shall be jointly and severally 
        liable for the removal of any construction or modifications 
        related to aquaculture operations if the aquaculture permit 
        holder fails to do so and bonds established under this Act for 
        aquaculture operations prove insufficient to cover those 
        obligations. This subsection does not affect obligations to 
        decommission facilities under the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1331 et seq.).
    (c) Operating Permits.--
            (1) The Secretary is authorized to issue operating permits, 
        under such terms and conditions as the Secretary shall 
        prescribe, to site permit holders.
            (2) The holder of, or applicant for, a site permit under 
        subsection (b) shall submit an application to the Secretary 
        specifying the marine species to be propagated or reared, or 
        both, at the offshore aquaculture facility, and other design, 
        construction, and operational details and information, as 
        specified by regulation, to facilitate review.
            (3) Failure to apply for and obtain an operating permit 
        within a reasonable period of time, as specified by the 
        Secretary under the terms and conditions of the offshore 
        aquaculture site permit, may result in the revocation of the 
        site permit.
    (d) Criteria for Issuing Permits.--
            (1) The Secretary shall consult as appropriate with other 
        Federal agencies to ensure that offshore aquaculture for which 
        a permit has been issued under this section meets the 
        environmental requirements established under section 5(a) and 
        is compatible with the use of the Exclusive Economic Zone for 
        navigation, fishing, resource protection, recreation, national 
        defense (including military readiness), mineral exploration and 
        development, and other activities.
            (2) The Secretary shall consider risks to and impacts on 
        natural fish stocks, marine ecosystems, biological, chemical 
        and physical features of water quality, habitat, marine 
        mammals, other forms of marine life, birds, endangered species, 
        and other features of the environment, as identified by the 
        Secretary in consultation as appropriate with other Federal 
        agencies.
            (3) Federal agencies implementing this Act, persons subject 
        to this Act, and coastal States seeking to review permit 
        applications under this Act shall comply with the applicable 
        provisions of the Coastal Zone Management Act of 1972 
        (including subsections (c)(1), (c)(3)(A), (c)(3)(B), and (d) of 
        section 307 (16 U.S.C. 1456(c)(1), (c)(3)(A), (c)(3)(B), and 
        (d)) and the corresponding Federal regulations.
            (4) When an aquaculture facility is proposed to be 
        associated with an offshore oil and gas platform licensed under 
        the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), 
        and if the offshore aquaculture applicant is required to submit 
        to a coastal State a consistency certification for its 
        aquaculture application under section 307(c)(3)(A) of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(A)), 
        the coastal State's review under that Act and corresponding 
        Federal regulations shall also include any modification to an 
        offshore oil or gas or mineral lessee's development and 
        production plan or development operations coordination document 
        for which a consistency certification would otherwise be 
        required under applicable Federal regulations, including 
        changes to its plan for decommissioning any facilities, 
        resulting from or necessary for the issuance of the offshore 
        aquaculture permit, provided that information related to such 
        modifications or changes are received by the coastal State at 
        the time the coastal State receives the offshore aquaculture 
        permit applicant's consistency certification. In this case, 
        offshore oil and gas or mineral lessees are not required to 
        submit a separate consistency certification for any such 
        modification or change under section 307(c)(3)(B) of that Act 
        (16 U.S.C. 1456(c)(3)(B)) and the coastal State's concurrence 
        or objection, or presumed concurrence, under section 
        307(c)(3)(A) of that Act (16 U.S.C. 1456(c)(3)(A)) shall apply 
        to both the offshore aquaculture permit and to any related 
        modifications or changes to offshore oil and gas or mineral 
        plans requiring approval by the Department of the Interior.
            (5) If a coastal State is not authorized by section 
        307(c)(3)(A) of the Coastal Zone Mangement Act (16 U.S.C. 
        1456(c)(3)(A)) and corresponding Federal regulations to review 
        an offshore aquaculture project proposed under this Act, then 
        any modifications or changes to offshore oil and gas or mineral 
        development and production plans or development operations 
        coordination documents requiring approval from the Department 
        of the Interior, shall be subject to coastal State review 
        pursuant to the requirements of section 307(c)(3)(B) of that 
        Act (16 U.S.C. 1456(c)(3)(B)), if a consistency certification 
        for those modifications or changes is required under applicable 
        Federal regulations.
            (6) The Secretary shall periodically review the criteria 
        for issuance of site and operating permits for offshore 
        aquaculture and modify them as appropriate, in consultation as 
        appropriate with other Federal agencies, based on the best 
        available science.
    (e) Exclusion From Provisions of Magnuson-Stevens Fishery 
Conservation and Management Act.--
            (1) Offshore aquaculture conducted in accordance with 
        permits issued pursuant to this section 4 is excluded from the 
        definition of ``fishing'' as that term is defined in section 
        3(15) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1802(15)).
            (2) The Secretary shall ensure, to the extent practicable, 
        that offshore aquaculture does not interfere with conservation 
        and management measures promulgated under the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).
            (3) The Secretary shall consult with the appropriate 
        Regional Fishery Management Council under that Act before 
        issuing a permit.
            (4) The Secretary may require permit holders to track, 
        mark, or otherwise identify fish or other marine species in the 
        offshore aquaculture facility or harvested from such facility.
    (f) Fees and Other Payments.--
            (1) The Secretary is authorized to establish, through 
        regulation, a schedule of application fees and annual permit 
        fees.
            (2) The Secretary shall require the site permit holder to 
        post a bond or other form of financial guarantee, in an amount 
        to be determined by the Secretary as sufficient to cover any 
        unpaid fees, the cost of removing an offshore aquaculture 
        facility at the expiration or termination of a site permit, and 
        other financial risks as identified by the Secretary.
            (3) The Secretary may reduce or waive applicable fees or 
        other payments established under this section for facilities 
        used primarily for research or for raising cultured stock for 
        the replenishment of wild fisheries.
            (4) The Secretary shall deposit all fees collected under 
        this Act in accordance with section 3302(b) of title 31, United 
        States Code.
    (g) Authority to Modify or Suspend Permits.--
            (1) Subject to paragraph (2), if the Secretary, after 
        consultation with Federal agencies as appropriate and after 
        affording the permit holder notice and an opportunity to be 
        heard, determines that suspension of, or modification of, a 
        permit is in the national interest, the Secretary may suspend 
        or modify such permit.
            (2) If the Secretary determines that an emergency exists 
        that poses a risk to the safety of humans, to the marine 
        environment or marine resources, or to the security of the 
        United States and that requires suspension or modification of a 
        permit, the Secretary may suspend or modify the permit for such 
        time as the Secretary may determine necessary to meet the 
        emergency. The Secretary shall afford the permit holder a 
        prompt post-suspension or post-modification opportunity to be 
        heard regarding the suspension or modification.
    (h) Actions Affecting the Outer Continental Shelf.--
            (1) For aquaculture projects or operations located on 
        facilities subject to the Outer Continental Shelf Lands Act (43 
        U.S.C. 1331 et seq.), the Secretary of the Interior is 
        authorized--
                    (A) to enforce all requirements contained in 
                Federal mineral leases and regulations issued pursuant 
                to the Outer Continental Shelf Lands Act;
                    (B) to require and enforce such additional terms or 
                conditions as the Secretary of the Interior deems 
                necessary to protect the marine environment, property, 
                or human life or health to ensure the compatibility of 
                aquaculture operations with all activities for which 
                permits have been issued under the Outer Continental 
                Shelf Lands Act; and
                    (C) to issue orders to any offshore aquaculture 
                permit holder to take any action the Secretary of the 
                Interior deems necessary to ensure safe oil and gas or 
                other mineral operations on any facility to protect the 
                marine environment, property, or human life or health.
        The failure to comply with the Secretary of the Interior's 
        orders under this paragraph will be deemed to constitute a 
        violation of the Outer Continental Shelf Lands Act.
            (2) The Secretary of the Interior shall review and approve 
        any agreement between an operator of a facility for which a 
        permit has been issued under the Outer Continental Shelf Lands 
        Act and a prospective aquaculture operator to ensure that it is 
        consistent with the Federal mineral lease terms, Department of 
        the Interior regulations, and the Secretary of the Interior's 
        role in the protection of the marine environment, property, or 
        human life or health. An agreement under this subsection shall 
        be part of the information reviewed pursuant to the Coastal 
        Zone Management Act of 1972 review process described in 
        subsection (d)(4) of this section and shall not be subject to a 
        separate Coastal Zone Management Act of 1972 review.
            (3) No offshore aquaculture may be located on facilities 
        authorized or for which a permit has been issued under the 
        Outer Continental Shelf Lands Act without the prior consent of 
        the owner of the facility.
            (4) The Secretary of the Interior shall promulgate such 
        rules and regulations as are necessary and appropriate to carry 
        out the provisions of this subsection.
    (i) Transferability of Permits.--The Secretary is authorized to 
establish procedures for transferring permits from the original permit 
holder to any person meeting the eligibility criteria in subsection 
(a)(4) and able to satisfy the requirements for bonds or other 
guarantees prescribed under subsection (f)(2).

SEC. 5. ENVIRONMENTAL REQUIREMENTS.

    (a) Environmental Requirements.--The Secretary shall consult as 
appropriate with other Federal agencies to identify the environmental 
requirements applicable to offshore aquaculture under existing laws and 
regulations. The Secretary may establish additional environmental 
requirements for offshore aquaculture facilities, if deemed necessary, 
in consultation with appropriate Federal agencies, coastal States, and 
the public. Environmental requirements may include, but are not limited 
to, environmental monitoring, data archiving, and reporting by the 
permit holder, as deemed necessary or prudent by the Secretary. The 
environmental requirements shall consider risks to and impacts on--
            (1) natural fish stocks,
            (2) marine ecosystems,
            (3) biological, chemical and physical features of water 
        quality and habitat,
            (4) marine mammals, other forms of marine life, birds, and 
        endangered species, and
            (5) other features of the environment,
as identified by the Secretary, in consultation as appropriate with 
other Federal agencies.
    (b) Siting, Monitoring, and Evaluation.--
            (1) The Secretary is authorized to collect information 
        needed to evaluate the suitability of sites for offshore 
        aquaculture.
            (2) The Secretary is authorized to promulgate regulations 
        regarding monitoring and evaluation of compliance with the 
        provisions of site and operating permits, including the 
        collection of biological, chemical and physical oceanographic 
        data, and social, production, and economic data.
            (3) The Secretary is authorized to monitor the effects of 
        offshore aquaculture on marine ecosystems and implement such 
        measures as may be necessary to protect the environment, 
        including temporary or permanent relocation of offshore 
        aquaculture sites, a moratorium on additional sites within a 
        prescribed area, and other appropriate measures as determined 
        by the Secretary.
            (4) The Secretary is authorized to establish monitoring and 
        evaluation protocols.

SEC. 6. RESEARCH AND DEVELOPMENT.

    (a) In General.--In consultation as appropriate with other Federal 
agencies, the Secretary is authorized to establish an integrated, 
multidisciplinary, scientific research and development program to 
further offshore aquaculture technologies that are compatible with the 
protection of marine ecosystems.
    (b) Research Partnerships.--The Secretary is authorized to conduct 
research and development in partnership with site permit holders.

SEC. 7. ADMINISTRATION.

    (a) In General.--The Secretary shall promulgate such rules and 
regulations as are necessary and appropriate to carry out the 
provisions of this Act. The Secretary may at any time prescribe and 
amend such rules and regulations as the Secretary determines to be 
necessary and proper, and such rules and regulations shall, as of their 
effective date, apply to all operations conducted under permits issued 
under the provisions of this Act.
    (b) Navigational Safety Zones.--
            (1) The Secretary may promulgate rules that the Secretary 
        finds to be reasonable and necessary to protect offshore 
        aquaculture facilities, and, where appropriate, shall request 
        that the Secretary of the department in which the Coast Guard 
        is operating establish navigational safety zones around such 
        facilities.
            (2) After consultation with the Secretary of Commerce, the 
        Secretary of State, and the Secretary of Defense, the Secretary 
        of the department in the which the Coast Guard is operating may 
        designate a zone of appropriate size around and including any 
        offshore aquaculture facility for the purpose of navigational 
        safety. In such zone, no installations, structures, or uses 
        will be allowed that are incompatible with the operation of the 
        offshore aquaculture facility. The Secretary of the department 
        in which the Coast Guard is operating may by regulation define 
        activities that are allowed within such zone.
    (c) Consultation with Other Agencies.--The Secretary shall consult 
as appropriate with Federal agencies that are authorized to issue 
permits within the Exclusive Economic Zone to develop a coordinated and 
streamlined permitting process for offshore aquaculture. The process 
shall factor in the needs, requirements, and authorities of each 
Agency, including the need to consult with State agencies and the 
requirement for public review and involvement.
    (d) Memoranda of Agreement.--The Secretary may enter into memoranda 
of agreement, memoranda of understanding, or other agreements with 
heads of Federal agencies, as appropriate, to implement this Act, and 
the Secretary and the heads of such agencies may issue such regulations 
as may be necessary to ensure coordination of Federal activities to 
implement this Act.
    (e) Utilization of Federal and State Personnel, Services, and 
Equipment.--The Secretary may, with or without reimbursement, utilize 
in the performance of functions under this Act the personnel, services, 
equipment (including aircraft and vessels), and facilities of--
            (1) any Federal agency under a written agreement with the 
        head of that agency; and
            (2) any agency of a State under a written agreement with 
        the head of that agency, to the extent allowed by the law of 
        that State.
    (f) Effect on Jurisdiction, Responsibilities, and Rights of Other 
Entities.-- Nothing in this Act shall be construed to displace, 
supersede, limit, or modify the jurisdiction, responsibilities, or 
rights of any Federal or State agency, or Indian Tribe or Alaska Native 
organization, under any Federal law or treaty.
    (g) Application of Certain Laws.--
            (1) In addition to this Act and other statutes of the 
        United States that apply in the Exclusive Economic Zone, the 
        following shall apply with respect to offshore aquaculture 
        facilities in the Exclusive Economic Zone for which a permit 
        has been issued under this Act and to activities in the 
        Exclusive Economic Zone connected, associated, or potentially 
        interfering with the use or operation of such facilities:
                    (A) Titles 18 and 28, United States Code.
                    (B) The provisions of any other statute of the 
                United States, when the Secretary has determined that 
                it is in the public interest that such provision so 
                apply and has published that determination in the 
                Federal Register and until the Secretary determines to 
                the contrary and publishes a notice in the Federal 
                Register to the contrary.
            (2) The jurisdiction of the Federal courts with respect to 
        the provisions of paragraph (1).
            (3) Nothing in this Act shall be construed to relieve, 
        exempt, or immunize any person from any other requirement 
        imposed by an applicable Federal law, treaty, or regulation.
            (4) Nothing in this Act shall be construed to confer 
        citizenship to a person by birth or through naturalization or 
        to entitle a person to avail himself of any law pertaining to 
        immigration, naturalization, or nationality.
    (h) Application of Coastal State Law.--The law of the nearest 
adjacent coastal State, now in effect or hereafter adopted, amended, or 
repealed, is declared to be the law of the United States, and shall 
apply to any offshore aquaculture facility for which a permit has been 
issued pursuant to this Act, to the extent applicable and not 
inconsistent with any provision or regulation under this Act or other 
Federal laws and regulations now in effect or hereafter adopted, 
amended, or repealed. All such applicable laws shall be administered 
and enforced by the appropriate officers and courts of the United 
States. For purposes of this subsection, the nearest adjacent coastal 
State shall be that State whose seaward boundaries, if extended beyond 
3 miles, would encompass the site of the offshore aquaculture facility. 
State taxation laws shall not apply in the Exclusive Economic Zone.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary for purposes of carrying out the provisions of this 
Act.

SEC. 9. UNLAWFUL ACTIVITIES.

    It is unlawful for any person--
            (1) to falsify any information required to be reported, 
        communicated, or recorded pursuant to this Act or any 
        regulation or permit issued under this Act, or to fail to 
        submit in a timely fashion any required information, or to fail 
        to report to the Secretary immediately any change in 
        circumstances that has the effect of rendering any such 
        information false, incomplete, or misleading;
            (2) to engage in offshore aquaculture within the Exclusive 
        Economic Zone of the United States except in full compliance 
        with this Act, any regulations promulgated under this Act, and 
        the terms and conditions of any permit issued by the Secretary 
        under this Act;
            (3) to refuse to permit an authorized officer to conduct 
        any lawful search or lawful inspection in connection with the 
        enforcement of this Act or any regulation or permit issued 
        under this Act;
            (4) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with an authorized officer in the 
        conduct of any search or inspection in connection with the 
        enforcement of this Act or any regulation or permit issued 
        under this Act;
            (5) to resist a lawful arrest or detention for any act 
        prohibited by this section;
            (6) to interfere with, delay, or prevent, by any means, the 
        apprehension, arrest, or detection of another person, knowing 
        that such person has committed any act prohibited by this 
        section;
            (7) to violate any provision of this Act or any regulation 
        or permit issued under this Act; or
            (8) to attempt to commit any act described in paragraph 
        (1), (2), (6) or (7).

SEC. 10. ENFORCEMENT PROVISIONS.

    (a) Duties of Secretaries.--This Act shall be enforced by the 
Secretary and the Secretary of the Department in which the Coast Guard 
is operating. The Secretaries each may exercise for this purpose the 
same authority as is granted to the Secretary by section 7(e) of this 
Act.
    (b) District Court Jurisdiction.--The several district courts of 
the United States shall have jurisdiction over any actions arising 
under this Act. The venue provisions of title 18, United States Code, 
and title 28, United States Code, shall apply to any actions arising 
under this Act. The judges of the district courts of the United States 
and the United States magistrate judges may, within their respective 
jurisdictions, upon proper oath or affirmation showing probable cause, 
issue such warrants or other process as may be required for enforcement 
of this Act, or any regulation or permit issued under this Act.
    (c) Powers of Enforcement.--
            (1) Any officer who is authorized pursuant to the first 
        sentence of subsection (a) of this section by the Secretary or 
        the Secretary of the Department in which the Coast Guard is 
        operating to enforce the provisions of this Act may--
                    (A) with or without a warrant or other process--
                            (i) arrest any person, if the officer has 
                        reasonable cause to believe that such person 
                        has committed or is committing an act 
                        prohibited by section 9 of this Act;
                            (ii) search or inspect any offshore 
                        aquaculture facility;
                            (iii) seize any offshore aquaculture 
                        facility (together with its equipment, 
                        furniture, appurtenances, stores, and cargo) 
                        used or employed in aid of, or with respect to 
                        which it reasonably appears that such offshore 
                        aquaculture facility was used or employed in 
                        aid of, the violation of any provision of this 
                        Act or any regulation or permit issued under 
                        this Act;
                            (iv) seize any living marine resource 
                        (wherever found) retained, in any manner, in 
                        connection with or as a result of the 
                        commission of any act prohibited by section 9 
                        of this Act; and
                            (v) seize any evidence related to any 
                        violation of any provision of this Act or any 
                        regulation or permit issued under this Act;
                    (B) execute any warrant or other process issued by 
                any court of competent jurisdiction; and
                    (C) exercise any other lawful authority.
            (2) Any officer who is authorized pursuant to the first 
        sentence of subsection (a) of this section by the Secretary or 
        the Secretary of the department in which the Coast Guard is 
        operating to enforce the provisions of this Act may make an 
        arrest without a warrant for (A) an offense against the United 
        States committed in his presence, or (B) for a felony 
        cognizable under the laws of the United States, if he has 
        reasonable grounds to believe that the person to be arrested 
        has committed or is committing a felony. Any such authorized 
        person may execute and serve a subpoena, arrest warrant or 
        search warrant issued in accordance with Rule 41 of the Federal 
        Rules of Criminal Procedure, or other warrant of civil or 
        criminal process issued by any officer or court of competent 
        jurisdiction for enforcement of the Act, or any regulation or 
        permit issued under this Act.
    (d) Issuance of Citations.--If any authorized officer finds that a 
person is engaging in or has engaged in offshore aquaculture in 
violation of any provision of this Act, such officer may issue a 
citation to that person.
    (e) Liability for Costs.--Any person who violates this Act, or a 
regulation or permit issued under this Act, shall be liable for the 
cost incurred in storage, care, and maintenance of any living marine 
resource or other property seized in connection with the violation.
    (f) Upon the request of the Secretary, the Attorney General of the 
United States may seek to enjoin any person who is alleged to be in 
violation of any provision of this Act, or regulation or permit issued 
under this Act.

SEC. 11. CIVIL ENFORCEMENT AND PERMIT SANCTIONS.

    (a) Civil Penalties.--
            (1) Any person who is found by the Secretary, after notice 
        and opportunity for a hearing in accordance with section 554 of 
        title 5, United States Code, to have violated this Act, or a 
        regulation or permit issued under this Act, shall be liable to 
        the United States for a civil penalty. The amount of the civil 
        penalty under this paragraph shall not exceed $120,000 for each 
        violation. Each day of a continuing violation shall constitute 
        a separate violation. The amount of such civil penalty shall be 
        assessed by the Secretary by written notice. In determining the 
        amount of such penalty, the Secretary shall take into account 
        the nature, circumstances, extent, and gravity of the 
        prohibited acts committed and, with respect to the violation, 
        the degree of culpability, any history of prior violations, and 
        such other matters as justice may require.
            (2) The Secretary may compromise, modify, or remit, with or 
        without conditions, any civil penalty under paragraph (1) that 
        is subject to imposition or that has been imposed under this 
        section.
    (b) Civil Judicial Penalties.--Any person who violates any 
provision of this Act, or any regulation or permit issued thereunder, 
shall be subject to a civil penalty of not to exceed $240,000 for each 
such violation. Each day of a continuing violation shall constitute a 
separate violation. The Attorney General, upon the request of the 
Secretary, may commence a civil action in an appropriate district court 
of the United States, and such court shall have jurisdiction to award 
civil penalties and such other relief as justice may require. In 
determining the amount of a civil penalty, the court shall take into 
account the nature, circumstances, extent, and gravity of the 
prohibited acts committed and, with respect to the violation, the 
degree of culpability, any history of prior violations and such other 
matters as justice may require.
    (c) Permit Sanctions.--
            (1) In any case in which--
                    (A) an offshore aquaculture facility has been used 
                in the commission of an act prohibited under section 9 
                of this Act;
                    (B) the owner or operator of an offshore 
                aquaculture facility or any other person who has been 
                issued or has applied for a permit under section 4 of 
                this Act has acted in violation of section 9 of this 
                Act; or
                    (C) any amount in settlement of a civil forfeiture 
                imposed on an offshore aquaculture facility or other 
                property, or any civil penalty or criminal fine imposed 
                under this Act or imposed on any other person who has 
                been issued or has applied for a permit under any 
                fishery resource statute enforced by the Secretary, has 
                not been paid and is overdue,the Secretary may--
                            (i) revoke any permit issued with respect 
                        to such offshore aquaculture facility or 
                        applied for by such a person under this Act, 
                        with or without prejudice to the issuance of 
                        subsequent permits;
                            (ii) suspend such permit for a period of 
                        time considered by the Secretary to be 
                        appropriate;
                            (iii) deny such permit; or
                            (iv) impose additional conditions and 
                        restrictions on such permit.
            (2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                    (A) the nature, circumstances, extent, and gravity 
                of the prohibited acts for which the sanction is 
                imposed; and
                    (B) with respect to the violator, the degree of 
                culpability, any history of prior violations, and such 
                other matters as justice may require.
            (3) Transfer of ownership of an offshore aquaculture 
        facility, by sale or otherwise, shall not extinguish any permit 
        sanction that is in effect or is pending at the time of 
        transfer of ownership. Before executing the transfer of 
        ownership of an offshore aquaculture facility, by sale or 
        otherwise, the owner shall disclose in writing to the 
        prospective transferee the existence of any permit sanction 
        that will be in effect or pending with respect to the offshore 
        aquaculture facility at the time of the transfer. The Secretary 
        may waive or compromise a sanction in the case of a transfer 
        pursuant to court order.
            (4) In the case of any permit that is suspended under this 
        subsection for nonpayment of a civil penalty or criminal fine, 
        the Secretary shall reinstate the permit upon payment of the 
        penalty or fine and interest thereon at the prevailing rate.
            (5) No sanctions shall be imposed under this subsection 
        unless there has been prior opportunity for a hearing on the 
        facts underlying the violation for which the sanction is 
        imposed, either in conjunction with a civil penalty proceeding 
        under this section or otherwise.
    (d) Hearing.--For the purposes of conducting any hearing under this 
section, the Secretary may issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant papers, books, 
and documents, and may administer oaths. Witnesses summoned shall be 
paid the same fees and mileage that are paid to witnesses in the courts 
of the United States. In case of contempt or refusal to obey a subpoena 
served upon any person pursuant to this subsection, the district court 
of the United States for any district in which such person is found, 
resides, or transacts business, upon application by the United States 
and after notice to such person, shall have jurisdiction to issue an 
order requiring such person to appear and give testimony before the 
Secretary or to appear and produce documents before the Secretary, or 
both, and any failure to obey such order of the court may be punished 
by such court as a contempt thereof.
    (e) Judicial Review.--Any person against whom a civil penalty is 
assessed under subsection (a)(1) of this section or against whose 
offshore aquaculture facility a permit sanction is imposed under 
subsection (c) of this section (other than a permit suspension for 
nonpayment of penalty or fine) may obtain review thereof in the United 
States district court for the appropriate district by filing a 
complaint against the Secretary in such court within 30 days from the 
date of such penalty or sanction. The Secretary shall promptly file in 
such court a certified copy of the record upon which such penalty or 
sanction was imposed, as provided in section 2112 of title 28, United 
States Code. The findings and order of the Secretary shall be set aside 
by such court if they are not found to be supported by substantial 
evidence, as provided in section 706(2) of title 5, United States Code.
    (f) Collection.--If any person fails to pay an assessment of a 
civil penalty after it has become a final and unappealable order, or 
after the appropriate court has entered final judgment in favor of the 
Secretary, the matter may be referred to the Attorney General, who may 
recover the amount (plus interest at currently prevailing rates from 
the date of the final order). In such action the validity, amount and 
appropriateness of the final order imposing the civil penalty shall not 
be subject to review. Any person who fails to pay, on a timely basis, 
the amount of an assessment of a civil penalty shall be required to 
pay, in addition to such amount and interest, attorney's fees and costs 
for collection proceedings and a quarterly nonpayment penalty for each 
quarter during which such failure to pay persists. The nonpayment 
penalty shall be in an amount equal to 20 percent of the aggregate 
amount of such person's penalties and nonpayment penalties which are 
unpaid as of the beginning of such quarter.

SEC. 12. CRIMINAL OFFENSES.

    Any person who knowingly violates subsection (a)(3) or (b)(4) of 
section 4, or subsection (a), (b), or (g) of section 9, upon 
conviction, shall be imprisoned for not more than 5 years and shall be 
fined not more than $500,000, if that person is an individual, or 
$1,000,000 if that person is not an individual. Any person who 
knowingly violates any other provision of section 9 or a measure issued 
pursuant to section 5(b)(3) commits a Class C felony subject to the 
penalties of title 18, United States Code. The district courts of the 
United States shall have jurisdiction over any actions arising under 
this Act. For the purpose of this Act, American Samoa shall be included 
within the judicial district of the District Court of the United States 
for the District of Hawaii. Each violation shall be a separate offense 
and the offense shall be deemed to have been committed not only in the 
district where the violation first occurred, but also in any other 
district as authorized by law. Any offenses not committed in any 
district are subject to the venue provisions of section 3238 of title 
18, United States Code.

SEC. 13. FORFEITURES.

    (a) In General.--Any offshore aquaculture facility (including its 
structure, equipment, furniture, appurtenances, stores, and cargo) used 
in aid of and any living marine resources (or the fair market value 
thereof) taken or retained, in any manner, in connection with or as a 
result of the violation of any provision of section 9 or subsection 
(a)(3) or (b)(4) of section 4 shall be subject to forfeiture to the 
United States. All or part of such offshore aquaculture facility may, 
and all such living marine resources (or the fair market value thereof) 
shall, be forfeited to the United States pursuant to a civil proceeding 
under this section.
    (b) Jurisdiction of the Courts.--Any district court of the United 
States shall have jurisdiction, upon application of the Attorney 
General on behalf of the United States, to order any forfeiture 
authorized under subsection (a) of this section and any action provided 
for under subsection (d) of this section.
    (c) Judgment.--If a judgment is entered for the United States in a 
civil forfeiture proceeding under this section, the Attorney General 
may seize any property or other interest declared forfeited to the 
United States, which has not previously been seized pursuant to this 
Act or for which security has not previously been obtained. The 
provisions of the customs laws relating to--
            (1) the seizure, forfeiture, and condemnation of property 
        for violation of the customs law,
            (2) the disposition of such property or the proceeds from 
        the sale thereof, and
            (3) the remission or mitigation of any such forfeiture,
shall apply to seizures and forfeitures incurred, or alleged to have 
been incurred, under the provisions of this Act, unless such provisions 
are inconsistent with the purposes, policy, and provisions of this Act.
    (d) Procedure.--
            (1) Any officer authorized to serve any process that is 
        issued by a court under section 10(b) of this Act shall--
                    (A) stay the execution of such process, or
                    (B) discharge any living marine resources seized 
                pursuant to such process,
        upon receipt of a satisfactory bond or other security from any 
        person claiming such property. The bond or other security shall 
        be conditioned upon such person delivering such property to the 
        appropriate court upon order thereof, without any impairment of 
        its value, or paying the monetary value of such property 
        pursuant to an order of such court. Judgment shall be 
        recoverable on such bond or other security against both the 
        principal and any sureties in the event that any condition 
        thereof is breached, as determined by such court.
            (2) Any living marine resources seized pursuant to this Act 
        may be sold, subject to the approval of the appropriate court, 
        for not less than the fair market value thereof. The proceeds 
        of any such sale shall be deposited with such court pending the 
        disposition of the matter involved.
    (e) Rebuttable Presumption.--For purposes of this section, all 
living marine resources found within an offshore aquaculture facility, 
and which are seized in connection with an act prohibited by section 9 
of this Act, are presumed to have been taken or retained in violation 
of this Act, but the presumption can be rebutted by an appropriate 
showing of evidence to the contrary.
                                 <all>