[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2010 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2010

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 HOUSE OF REPRESENTATIVES

                             April 24, 2007

Mr. Rahall (for himself and Ms. Bordallo) (both by request): introduced 
  the following bill; which was referred to the Committee on Natural 
  Resources, and in addition to the Committees on Ways and Means and 
  Foreign Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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.

    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 ``National Offshore Aquaculture Act of 
2007''.

SEC. 2. FINDINGS.

    (a) It is the policy of the United States to:
            (1) 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;
            (2) Encourage the development of environmentally 
        responsible offshore aquaculture by authorizing offshore 
        aquaculture operations and research;
            (3) Establish a permitting process for offshore aquaculture 
        that encourages private investment in aquaculture operations 
        and research, provides opportunity for public comment, and 
        addresses the potential risks to and impacts (including 
        cumulative impacts) on marine ecosystems, human health and 
        safety, other ocean uses, and coastal communities from offshore 
        aquaculture;
            (4) Promote, through public-private partnerships, research 
        and development in marine aquaculture science, technology, and 
        related social, economic, legal, and environmental management 
        disciplines that will enable marine aquaculture operations to 
        achieve operational objectives while protecting marine 
        ecosystem quality.
    (b) 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.

    As used in this Act--
     (a) The term ``coastal State'' means a state of the United States 
in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf 
of Mexico, or Long Island Sound. The term also includes Puerto Rico, 
the Virgin Islands, Guam, the Commonwealth of the Northern Mariana 
Islands, the Trust Territories of the Pacific Islands, and American 
Samoa.
    (b) The term ``coastline'' means the line of ordinary low water 
along that portion of the coast that is in direct contact with the open 
sea and the line marking the seaward limit of inland waters.
    (c) 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, or being provisionally applied by the United 
States or, in the absence of such a treaty where the distance between 
the United States and another nation is less than 400 nautical miles, a 
line equidistant between the United States and the other nation. 
Without affecting any Presidential Proclamation with regard to the 
establishment of the United States territorial sea or Exclusive 
Economic Zone, the inner boundary of that zone is--
            (1) a line coterminous with the seaward boundary of each of 
        the several coastal States, as defined in 43 U.S.C. 1312;
            (2) a line three marine leagues from the coastline of the 
        Commonwealth of Puerto Rico;
            (3) a line three geographical miles from the coastlines of 
        American Samoa, the United States Virgin Islands, and Guam;
            (4) for the Commonwealth of the Northern Mariana Islands--
                    (A) its coastline, until such time as the 
                Commonwealth of the Northern Mariana Islands is granted 
                authority by the United States to regulate all fishing 
                to a line seaward of its coastline, and
                    (B) upon the United States' grant of such 
                authority, the line established by such grant of 
                authority; and
            (5) for any possession of the United States not referred to 
        in subparagraph (2), (3), or (4), the coastline of such 
        possession.
Nothing in this definition shall be construed as diminishing the 
authority of the Department of Defense, the Department of the Interior 
or any other Federal department or agency.
    (d) The term ``lessee'' means any party to a lease, right-of-use 
and easement, or right-of-way, or an approved assignment thereof, 
issued pursuant to the Outer Continental Shelf Lands Act, 43 U.S.C. 
1331 et seq.
    (e) The term ``marine species'' means finfish, mollusks, 
crustaceans, marine algae, and all other forms of marine life, 
excluding marine mammals and birds.
    (f) 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.
    (g) The term ``offshore aquaculture facility'' means: 1) an 
installation or structure used, in whole or in part, for offshore 
aquaculture; or 2) an area of the seabed or the subsoil used for 
offshore aquaculture of living organisms belonging to sedentary 
species.
    (h) The term ``offshore aquaculture permit'' means an authorization 
issued under section 4(b) to raise specified marine species in a 
specific offshore aquaculture facility within a specified area of the 
Exclusive Economic Zone.
    (i) 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.
    (j) The term ``Secretary'' means the Secretary of Commerce.

SEC. 4. OFFSHORE AQUACULTURE PERMITS.

    (a) General.--
            (1) The Secretary shall establish, through rulemaking, in 
        consultation as appropriate with other relevant Federal 
        agencies, coastal States, and regional fishery management 
        councils established under section 302 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1852), 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) Procedures and criteria necessary to issue and 
                modify permits under this Act;
                    (B) Procedures to coordinate the offshore 
                aquaculture permitting process, and related siting, 
                operations, environmental protection, monitoring, 
                enforcement, research, and economic and social 
                activities, with similar activities administered by 
                other Federal agencies and coastal States;
                    (C) Consideration of the potential environmental, 
                social, economic, and cultural impacts of offshore 
                aquaculture and inclusion, where appropriate, of permit 
                conditions to address negative impacts;
                    (D) Public notice and opportunity for public 
                comment prior to issuance of offshore aquaculture 
                permits;
                    (E) Procedures to monitor and evaluate compliance 
                with the provisions of offshore aquaculture permits, 
                including the collection of biological, chemical and 
                physical oceanographic data, and social, production, 
                and economic data; and
                    (F) Procedures for transferring permits from the 
                original permit holder to a person meeting the 
                eligibility criteria in section 4(b)(2)(A) and able to 
                satisfy the requirements for bonds or other guarantees 
                prescribed under section 4(c)(3).
            (2) The Secretary shall prepare an analysis under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) with respect to the process for issuing permits.
            (3) The Secretary shall periodically review the procedures 
        and criteria for issuance of offshore aquaculture permits and 
        modify them as appropriate, in consultation as appropriate with 
        other Federal agencies, the coastal States, and regional 
        fishery management councils, based on the best available 
        science.
            (4) The Secretary shall consult as appropriate with other 
        Federal agencies and coastal States to identify the 
        environmental requirements that apply to offshore aquaculture 
        under existing laws and regulations. The Secretary shall 
        establish through rulemaking, in consultation with appropriate 
        Federal agencies, coastal States, and regional fishery 
        management councils established under section 302 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1852), additional environmental requirements to address 
        environmental risks and impacts associated with offshore 
        aquaculture, to the extent necessary. The environmental 
        requirements shall address, but are not limited to:
                    (A) risks to and impacts on natural fish stocks and 
                fisheries, including safeguards needed to conserve 
                genetic resources, to prevent or minimize the 
                transmission of disease or parasites to wild stocks, 
                and to prevent the escape of marine species that may 
                cause significant environmental harm;
                    (B) risks to and impacts on marine ecosystems; 
                biological, chemical and physical features of water 
                quality and habitat; marine species, marine mammals and 
                birds;
                    (C) cumulative effects of the aquaculture operation 
                and other aquaculture operations in the vicinity of the 
                proposed site;
                    (D) environmental monitoring, data archiving, and 
                reporting by the permit holder;
                    (E) requirements that marine species propagated and 
                reared through offshore aquaculture be species native 
                to the geographic region unless a scientific risk 
                analysis shows that the risk of harm to the marine 
                environment from the offshore culture of non-indigenous 
                or genetically modified marine species is negligible or 
                can be effectively mitigated; and
                    (F) maintaining record systems to track inventory 
                and movement of fish or other marine species in the 
                offshore aquaculture facility or harvested from such 
                facility, and, if necessary, tagging, marking, or 
                otherwise identifying fish or other marine species in 
                the offshore aquaculture facility or harvested from 
                such facility.
            (5) The Secretary, in cooperation with other Federal 
        agencies, shall:
                    (A) Collect information needed to evaluate the 
                suitability of sites for offshore aquaculture; and
                    (B) Monitor the effects of offshore aquaculture on 
                marine ecosystems and implement such measures as may be 
                necessary to protect the environment. Measures may 
                include, but are not limited to, 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.
    (b) Permits.--Subject to the provisions of subsection (e), the 
Secretary may issue offshore aquaculture permits under such terms and 
conditions as the Secretary shall prescribe. Permits issued under this 
Act authorize the permit holder to conduct offshore aquaculture 
consistent with the provisions of this Act, regulations issued under 
this Act, any specific terms, conditions and restrictions applied to 
the permit by the Secretary, and other applicable law.
            (1) Procedures for issuance of permits.--
                    (A) The applicant for an offshore aquaculture 
                permit shall submit an application to the Secretary 
                specifying the proposed location and type of operation, 
                the marine species to be propagated or reared, or both, 
                at the offshore aquaculture facility, and other design, 
                construction, and operational information, as specified 
                by regulation.
                    (B) Within 120 days after determining that a permit 
                application is complete and has satisfied all 
                applicable statutory and regulatory requirements, as 
                specified by regulation, the Secretary shall issue or 
                deny the permit. If the Secretary is unable to issue or 
                deny a permit 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 issuing or denying the permit.
            (2) Permit conditions.--
                    (A) An offshore aquaculture permit holder must (i) 
                be a resident of the United States, (ii) be a 
                corporation, partnership or other entity organized and 
                existing under the laws of a State or the United 
                States, or (iii) if neither (i) or (ii) applies, to the 
                extent required by the Secretary 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.
                    (B) Subject to the provisions of subsection (e), 
                the Secretary shall establish the terms, conditions, 
                and restrictions that apply to offshore aquaculture 
                permits, and shall specify in the permits the duration, 
                size, and location of the offshore aquaculture 
                facility.
                    (C) Except for projects involving pilot-scale 
                testing or farm-scale research on aquaculture science 
                and technologies and offshore aquaculture permits 
                requiring concurrence of the Secretary of the Interior 
                under subsection 4(e)(1), the permit shall have a 
                duration of 20 years, renewable thereafter at the 
                discretion of the Secretary in up to 20-year 
                increments. The duration of permits requiring 
                concurrence of the Secretary of the Interior under 
                subsection 4(e)(1) shall be developed in consultation 
                as appropriate with the Secretary of the Interior, 
                except that any such permit shall expire no later than 
                the date that the lessee, or the lessee's operator, 
                submits to the Secretary of the Interior a final 
                application for the decommissioning and removal of an 
                existing facility upon which an offshore aquaculture 
                facility is located.
                    (D) At the expiration or termination of an offshore 
                aquaculture permit for any reason, the 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.
                    (E) Failure to begin offshore aquaculture 
                operations within a reasonable period of time, or 
                prolonged interruption of offshore aquaculture 
                operations, may result in the revocation of the permit.
            (3) If the Secretary determines that issuance of a permit 
        is not in the national interest, the Secretary may decline to 
        issue such a permit or may impose such conditions as necessary 
        to address such concerns.
    (c) Fees and Other Payments.--
            (1) The Secretary is authorized to establish, through 
        regulations, application fees and annual permit fees. Such fees 
        shall be deposited as offsetting collections in the Operations, 
        Research, and Facilities (ORF) account. Fees may be collected 
        and made available only to the extent provided in advance in 
        appropriation Acts.
            (2) The Secretary may reduce or waive applicable fees or 
        other payments established under this section for facilities 
        used primarily for research.
            (3) The Secretary shall require the 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 an offshore aquaculture 
        permit, and other financial risks as identified by the 
        Secretary.
    (d) Compatibility With Other Uses.--
            (1) The Secretary shall consult as appropriate with other 
        Federal agencies, coastal States, and regional fishery 
        management councils to ensure that offshore aquaculture for 
        which a permit is issued under this section 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 not authorize permits for new 
        offshore aquaculture facilities within 12 miles of the 
        coastline of a coastal State if that coastal State has 
        submitted a written notice to the Secretary that the coastal 
        State opposes such activities. This provision will not apply to 
        permit applications received by the Secretary prior to the date 
        the notice is received from a coastal State. A coastal State 
        that transmitted such notice to the Secretary under this 
        paragraph may revoke that notice in writing at any time.
            (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 
        section of the Coastal Zone Management Act (i.e., 16 U.S.C. 
        1456(c)(1), (c)(3)(A), (c)(3)(B) or (d)) and its corresponding 
        Federal regulations.
            (4) Offshore aquaculture conducted in accordance with 
        permits issued pursuant to this Act is excluded from the 
        definition of ``fishing'' in the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1802(15)). 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.
            (5) The Secretary may promulgate regulations 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. In addition, in the case of any offshore 
        aquaculture facility described in section 4(e)(1), the 
        Secretary of the department in which the Coast Guard is 
        operating shall consult with the Secretary of the Interior 
        before designating such a zone.
            (6) After consultation with the Secretary, the Secretary of 
        State, and the Secretary of Defense, the Secretary of the 
        department in 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 a 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 define, by 
        rulemaking, activities that are allowed within such a zone.
            (7)(A) Subject to paragraph (B), 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, modification, or revocation 
        of a permit is in the national interest, the Secretary may 
        suspend, modify, or revoke such permit.
                            (B) If the Secretary determines that an 
                        emergency exists that poses a risk to the 
                        safety of humans, to the marine environment or 
                        marine species, or to the security of the 
                        United States and that requires suspension, 
                        modification, or revocation of a permit, the 
                        Secretary may suspend, modify, or revoke 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, modification, or revocation.
            (8) Permits issued under this Act do not supersede or 
        substitute for any other authorization required under 
        applicable Federal or State law or regulation.
    (e) Actions Affecting the Outer Continental Shelf.--
            (1) The Secretary shall obtain the concurrence of the 
        Secretary of the Interior on permits for offshore aquaculture 
        facilities located:
                    (A) on leases, right-of-use and easements, or 
                rights of way authorized or permitted under the Outer 
                Continental Shelf Lands Act, as amended (43 U.S.C. 
                1331, et seq.), or
                    (B) within 1 mile of any other facility permitted 
                or for which a plan has been approved under the Outer 
                Continental Shelf Lands Act.
            (2) Offshore aquaculture may not be located on facilities 
        subject to section 4(e)(1)(A) without the prior consent of the 
        lessee, its designated operator, and owner of the facility.
            (3) The Secretary of the Interior shall review and approve 
        any agreement between a lessee, designated operator, and owner 
        of a facility subject to this subsection and a prospective 
        aquaculture operator to ensure that it is consistent with the 
        Federal 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 review process described in subsection 4(e)(4) and shall 
        not be subject to a separate Coastal Zone Management Act 
        review.
            (4) Coordinated Coastal Zone Management Act review
                    (A) If the applicant for an offshore aquaculture 
                facility that will utilize a facility subject to this 
                subsection 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 (16 U.S.C. 1456(c)(3)(A)), the 
                coastal State's review under the Coastal Zone 
                Management Act and corresponding Federal regulations 
                shall also include any modification to a lessee's 
                approved plan or other 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 is received by the 
                coastal State at the time the coastal State receives 
                the offshore aquaculture permit applicant's consistency 
                certification. In this case, lessees are not required 
                to submit a separate consistency certification for any 
                such modification or change under section 307(c)(3)(B) 
                of the Coastal Zone Management 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 the Coastal Zone Management Act (16 
                U.S.C. 1456(c)(3)(A)) in a consistency determination 
                for the offshore aquaculture permit, shall apply to 
                both the offshore aquaculture permit and to any related 
                modifications or changes to a lessee's plan approved 
                under the Outer Continental Shelf Lands Act.
                    (B) If a coastal State is not authorized by section 
                307(c)(3)(A) of the Coastal Zone Management Act (16 
                U.S.C. 1456(c)(3)(A)) and corresponding Federal 
                regulations to review an offshore aquaculture 
                application submitted under this Act, then any 
                modifications or changes to a lessee's approved plan or 
                other document 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 the Coastal Zone Management Act (16 
                U.S.C. 1456(c)(3)(B)), if a consistency certification 
                for those modifications or changes is required under 
                applicable Federal regulations.
            (5) For offshore aquaculture located on facilities subject 
        to this subsection, 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 offshore 
        aquaculture 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.
            (6) For aquaculture projects or operations subject to this 
        subsection, the Secretary of the Interior is authorized to:
                    (A) Promulgate such rules and regulations as are 
                necessary and appropriate to carry out the provisions 
                of this subsection;
                    (B) 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;
                    (C) Issue orders to the offshore aquaculture permit 
                holder to take any action the Secretary of the Interior 
                deems necessary to ensure safe operations on the 
                facility to protect the marine environment, property, 
                or human life or health. Failure to comply with the 
                Secretary of the Interior's orders will be deemed to 
                constitute a violation of the Outer Continental Shelf 
                Lands Act; and
                    (D) Enforce all requirements contained in such 
                regulations, lease terms and conditions and orders 
                pursuant to the Outer Continental Shelf Lands Act.

SEC. 5. RESEARCH AND DEVELOPMENT.

    (a) In consultation as appropriate with other Federal agencies, the 
Secretary may establish and conduct an integrated, multidisciplinary, 
scientific research and development program to further marine 
aquaculture technologies that are compatible with the protection of 
marine ecosystems.
    (b) The Secretary is authorized to conduct research and development 
in partnership with offshore aquaculture permit holders.
    (c) The Secretary, in collaboration with the Secretary of 
Agriculture, shall conduct research to reduce the use of wild fish in 
aquaculture feeds, including but not limited to the substitution of 
seafood processing wastes, cultured marine algae and microbial sources 
of nutrients important for human health and nutrition, agricultural 
crops, and other products.

SEC. 6. ADMINISTRATION.

    (a) The Secretary shall promulgate such regulations as are 
necessary and appropriate to carry out the provisions of this Act. The 
Secretary may at any time amend such regulations, and such regulations 
shall, as of their effective date, apply to all operations conducted 
pursuant to permits issued under the provisions of this Act, regardless 
of the date of the issuance of such permit.
    (b) The Secretary shall have the authority to enter into and 
perform such contracts, leases, grants, or cooperative agreements as 
may be necessary to carry out the purposes of this Act and on such 
terms as the Administrator of the National Oceanic and Atmospheric 
Administration deems appropriate.
    (c) For purposes related to the enforcement of this Act, the 
Secretary is authorized to use, with their consent and with or without 
reimbursement, the land, services, equipment, personnel, and facilities 
of any department, agency or instrumentality of the United States, or 
of any state, local government, Indian tribal government, Territory or 
possession, or of any political subdivision thereof, or of any foreign 
government or international organization.
    (d) Authority to Utilize Grant Funds
            (1) Except as provided in paragraph (2), the Secretary is 
        authorized to apply for, accept, and obligate research grant 
        funding from any Federal source operating competitive grant 
        programs where such funding furthers the purpose of this Act.
            (2) The Secretary may not apply for, accept, or obligate 
        any grant funding under paragraph (1) for which the granting 
        agency lacks authority to grant funds to Federal agencies, or 
        for any purpose or subject to conditions that are prohibited by 
        law or regulation.
            (3) Appropriated funds may be used to satisfy a requirement 
        to match grant funds with recipient agency funds, except that 
        no grant may be accepted that requires a commitment in advance 
        of appropriations.
            (4) Funds received from grants shall be deposited in the 
        National Oceanic and Atmospheric Administration account that 
        serves to accomplish the purpose for which the grant was 
        awarded.
    (e) Nothing in this Act shall be construed to displace, supersede, 
or limit the jurisdiction, responsibilities or rights of any Federal or 
State agency, or Indian Tribe or Alaska Native organization, under any 
Federal law or treaty.
    (f) The Constitution, laws, and treaties of the United States shall 
apply to an offshore aquaculture facility located in the Exclusive 
Economic Zone for which a permit has been issued or is required under 
this Act and to activities in the Exclusive Economic Zone connected, 
associated, or potentially interfering with the use or operation of 
such facility, in the same manner as if such facility were an area of 
exclusive Federal jurisdiction located within a State. Nothing in this 
Act shall be construed to relieve, exempt, or immunize any person from 
any other requirement imposed by an applicable Federal law, regulation, 
or treaty. 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.
    (g) 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 nautical miles, would encompass the site of the 
offshore aquaculture facility. State taxation laws shall not apply to 
offshore aquaculture facilities in the Exclusive Economic Zone.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated to the Secretary 
$4,052,000 in fiscal year 2008 and thereafter such sums as may be 
necessary for purposes of carrying out the provisions of this Act.

SEC. 8. UNLAWFUL ACTIVITIES.

     It is unlawful for any person--
     (a) 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;
    (b) to engage in offshore aquaculture within the Exclusive Economic 
Zone of the United States or operate an offshore aquaculture facility 
within the Exclusive Economic Zone of the United States, except 
pursuant to a valid permit issued under this Act;
    (c) 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;
    (d) 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;
    (e) to resist a lawful arrest or detention for any act prohibited 
by this section;
    (f) 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;
    (g) to import, export, sell, receive, acquire or purchase in 
interstate or foreign commerce any marine species in violation of this 
Act or any regulation or permit issued under this Act;
    (h) upon the expiration or termination of any aquaculture permit 
for any reason, fail to remove all structures, gear, and other property 
from the site, or take other measures, as prescribed by the Secretary, 
to restore the site;
    (i) to violate any provision of this Act, any regulation 
promulgated under this Act, or any term or condition of any permit 
issued under this Act; or
    (j) to attempt to commit any act described in subsections (a), (b), 
(g), (h) or (i).

SEC. 9. ENFORCEMENT PROVISIONS.

    (a) Duties of Secretaries.--Subject to sections 4(e)(6)(B) and (D), 
this Act shall be enforced by the Secretary and the Secretary of the 
department in which the Coast Guard is operating.
    (b) Powers of Enforcement.--
            (1) Any officer who is authorized pursuant to 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 8 of this Act;
                            (ii) search or inspect any offshore 
                        aquaculture facility and any related land-based 
                        facility;
                            (iii) seize any offshore aquaculture 
                        facility (together with its equipment, records, 
                        furniture, appurtenances, stores, and cargo), 
                        and any vessel or vehicle, 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 marine species (wherever 
                        found) retained, in any manner, in connection 
                        with or as a result of the commission of any 
                        act prohibited by section 8 of this Act;
                            (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 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 
        (i) an offense against the United States committed in his 
        presence, or (ii) 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.
    (c) 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.
    (d) 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 marine species 
or other property seized in connection with the violation.

SEC. 10. CIVIL ENFORCEMENT AND PERMIT SANCTIONS.

    (a) Civil Administrative 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 $200,000 for each 
        violation. Each day of a continuing violation shall constitute 
        a separate violation.
            (2) Compromise or other action by the secretary.--The 
        Secretary may compromise, modify, or remit, with or without 
        conditions, any civil administrative penalty which is or may be 
        imposed under this section and that has not been referred to 
        the Attorney General for further enforcement action.
    (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 not to exceed $250,000 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 violator, the degree 
of culpability, any history of prior violations and such other matters 
as justice may require. In imposing such penalty, the district court 
may also consider information related to the ability of the violator to 
pay.
    (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 8 
                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 8 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) Injunctive Relief.--Upon the request of the Secretary, the 
Attorney General of the United States is authorized to commence a civil 
action for appropriate relief, including a permanent or temporary 
injunction, for any violation of any provision of this Act, or 
regulation or permit issued under this Act.
    (e) Hearing.--For the purposes of conducting any investigation or 
hearing under this section or any other statute administered by the 
National Oceanic and Atmospheric Administration which is determined on 
the record in accordance with the procedures provided for under section 
554 of Title 5, 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. Nothing 
in this Act shall be construed to grant jurisdiction to a district 
court to entertain an application for an order to enforce a subpoena 
issued by the Secretary of Commerce to the Federal Government or any 
entity thereof.
    (f) Jurisdiction.--The United States district courts shall have 
original jurisdiction of any action under this section arising out of 
or in connection with the construction or operation of aquaculture 
facilities, and proceedings with respect to any such action may be 
instituted in the judicial district in which any defendant resides or 
may be found, or in the judicial district of the adjacent coastal State 
nearest the place where the cause of action arose. For the purpose of 
this section, 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.
    (g) 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. Such nonpayment 
penalty shall be in an amount equal to 20 percent of the aggregate 
amount of such persons penalties and nonpayment penalties which are 
unpaid as of the beginning of such quarter.
    (h) Nationwide Service of Process.--In any action by the United 
States under this title, process may be served in any district where 
the defendant is found, resides, transacts business or has appointed an 
agent for the service of process, and for civil cases may also be 
served in a place not within the United States in accordance with Rule 
4 of the Federal Rules of Civil Procedure.

SEC. 11. CRIMINAL OFFENSES.

    (a) Any person (other than a foreign government or any entity of 
such government) who knowingly commits an act prohibited by subsections 
8(c), (d), (e), or (f) of the Act, shall be imprisoned for not more 
than five years or shall be fined not more than $500,000 for 
individuals or $1,000,000 for an organization, or both; except that if 
in the commission of any such offense the individual uses a dangerous 
weapon, engages in conduct that causes bodily injury to any officer 
authorized to enforce the provisions of this title, or places any such 
officer in fear of imminent bodily injury, the maximum term of 
imprisonment is not more than ten years.
    (b) Any person (other than a foreign government or any entity of 
such government) who knowingly violates any other provision of section 
8, except subsections 8(c), (d), (e) or (f), of the Act, or any 
provision of any regulation promulgated pursuant to this title or any 
permit issued under this title, shall be imprisoned for not more than 
five years, or shall be fined not more than $500,000 for an individual 
or $1,000,000 for an organization, or both.
    (c) The United States district courts shall have original 
jurisdiction of any action arising under this section out of or in 
connection with the construction or operation of aquaculture 
facilities, and proceedings with respect to any such action may be 
instituted in the judicial district in which any defendant resides or 
may be found. For the purpose of this section, 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 under law.

SEC. 12. FORFEITURES.

    (a) Criminal Forfeiture.--A person who is convicted of an offense 
in violation of section 11 of this Act shall forfeit to the United 
States--
            (1) any property, real or personal, constituting or 
        traceable to the gross proceeds obtained, or retained, as a 
        result of the offense including, without limitation, any marine 
        species (or the fair market value thereof) taken or retained in 
        connection with or as a result of the offense; and
            (2) any property, real or personal, used or intended to be 
        used to commit or to facilitate the commission of the offense, 
        including, without limitation, any offshore aquaculture 
        facility or vessel, including its structure, equipment, 
        furniture, appurtenances, stores, and cargo, and any vehicle or 
        aircraft.
Pursuant to title 28, United States Code, section 2461(c), the 
provisions of section 413 of the Controlled Substances Act (21 U.S.C. 
853) with the exception of subsection (d) of that section, shall apply 
to criminal forfeitures under this section.
    (b) Civil Forfeiture.--The following shall be subject to forfeiture 
to the United States and no property right shall exist in them:
            (1) any property, real or personal, constituting or 
        traceable to the gross proceeds obtained, or retained, as a 
        result of a violation of any provision of section 8 or 
        subsection 4(b)(2)(D) of this Act, including, without 
        limitation, any marine species (or the fair market value 
        thereof) taken or retained in connection with or as a result of 
        the violation; and
            (2) any property, real or personal, used or intended to be 
        used to commit or to facilitate the commission of any such 
        violation, including, without limitation, any offshore 
        aquaculture facility or vessel, including its structure, 
        equipment, furniture, appurtenances, stores, and cargo, and any 
        vehicle or aircraft.
Civil forfeitures under this section shall be governed by the 
procedures set forth in title 18, United States Code, Chapter 46.
    (c) Rebuttable Presumption.--In any criminal or civil forfeiture 
proceeding under this section, there is a rebuttable presumption that 
all marine species found within an offshore aquaculture facility and 
seized in connection with a violation of section 8 of this Act were 
taken or retained in violation of this Act.

SEC. 13. SEVERABILITY AND JUDICIAL REVIEW.

    (a) Severability.--If any provision of this chapter or the 
application thereof to any person or circumstances is held invalid, the 
validity of the remainder of this chapter and of the application of 
such provision to other persons and circumstances shall not be affected 
thereby.
    (b) Judicial Review.--
            (1) In general.--Judicial review of any action taken by the 
        Secretary under this chapter shall be in accordance with 
        sections 701 through 706 of Title 5, except that--
                    (A) review of any final agency action of the 
                Secretary taken pursuant to section 11(a) or (c) of 
                this title may be had only by the filing of a complaint 
                by an interested person in the United States District 
                Court for the appropriate district; any such complaint 
                must be filed within 30 days of the date such final 
                agency action is taken; and
                    (B) review of all other final agency actions of the 
                Secretary under this chapter may be had only by the 
                filing of a petition for review by an interested person 
                in the Circuit Court of Appeals of the United States 
                for the Federal judicial district in which such person 
                resides or transacts business which is directly 
                affected by the action taken; such petition shall be 
                filed within 120 days from the date such final action 
                is taken.
            (2) Limitation of judicial review.--Final agency action 
        with respect to which review could have been obtained under 
        paragraph (1)(B) of this subsection shall not be subject to 
        judicial review in any civil or criminal proceeding for 
        enforcement.
            (3) Awards of litigation costs.--In any judicial proceeding 
        under paragraph (1) of this subsection, the court may award 
        costs of litigation (including reasonable attorney and expert 
        witness fees) to any prevailing party whenever it determines 
        that such award is appropriate.
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