[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3138 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3138

 To establish a regulatory system for marine aquaculture in the United 
        States exclusive economic zone, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2018

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

_______________________________________________________________________

                                 A BILL


 
 To establish a regulatory system for marine 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Advancing the 
Quality and Understanding of American Aquaculture Act'' or the ``AQUAA 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Office of Marine Aquaculture.
Sec. 5. Administration.
Sec. 6. Offshore aquaculture permits.
Sec. 7. Restrictions on offshore aquaculture activities.
Sec. 8. Recordkeeping and access to information.
Sec. 9. Programmatic environmental impact statements.
Sec. 10. Environmental and management standards.
Sec. 11. Research and development grant program.
Sec. 12. Enforcement.
Sec. 13. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) There is increasing interest within the United States 
        in developing commercial marine aquaculture, in order to 
        provide nutritious, sustainable seafood for domestic 
        consumption and export to global markets.
            (2) There is a need for a Federal program in the United 
        States that specifically provides a comprehensive, nationwide 
        permitting system for, or management of, marine aquaculture 
        facilities in the exclusive economic zone.
            (3) Regulatory certainty and security of tenure are needed 
        to make business investment decisions about marine aquaculture.
            (4) Potential economic, environmental, and social benefits 
        can be derived from marine aquaculture technologies. To balance 
        those benefits against concerns about environmental and 
        socioeconomic impacts, additional research and development is 
        needed to adequately assess the potential for adverse impacts 
        on the environment and coastal communities, to develop tools 
        and practices for proper siting and operation of marine 
        aquaculture facilities, and to ensure that those impacts, if 
        any, can be mitigated through improvements of marine 
        aquaculture technologies.
            (5) The United States is the leading global net importer of 
        fish and fishery products, with over 90 percent of the seafood 
        consumed in the United States, by value, imported from other 
        countries, about 50 percent of which is derived from 
        aquaculture. The United States, as a result, runs a substantial 
        trade deficit in seafood.
            (6) Increasing the overall effectiveness and productivity 
        of Federal aquaculture research, technology transfer, and 
        assistance programs is coordinated by the Interagency Working 
        Group on Aquaculture (referred to in this section as ``IWGA'' 
        and formerly known as the Joint Subcommittee on Aquaculture), 
        which was created by Congress in the National Aquaculture Act 
        of 1980 (Public Law 96-362). The IWGA is chaired by the 
        Department of Agriculture, with vice-chairs from the Department 
        of Commerce and the Department of the Interior, and reports to 
        the Committee on Science of the National Science and Technology 
        Council. The IWGA addresses issues of national scope and 
        importance and may form national task forces or special 
        projects to facilitate a coordinated, systematic approach to 
        addressing critical issues and needs.
            (7) As affirmed by Congress in the National Aquaculture Act 
        of 1980 (Public Law 96-362), marine aquaculture conducted in 
        Federal waters is in the public interest.
    (b) Purposes.--The purposes of this Act are--
            (1) to support the development of a sustainable marine 
        aquaculture industry in the United States;
            (2) to safeguard the marine environment, wild fish stocks, 
        and our coastal communities;
            (3) to support research and technology development to 
        further these goals;
            (4) to provide new jobs and to support existing jobs within 
        the seafood industry of the United States, including jobs for 
        traditional fishing industry partners; and
            (5) to reduce the United States seafood trade deficit by 
        expanding the domestic supply of seafood through the production 
        of marine aquaculture.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Coastal state.--Except as otherwise specifically 
        provided, the term ``coastal State'' has the meaning given the 
        term ``coastal state'' in section 304(4) of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453(4)).
            (2) Cultured species.--The term ``cultured species'' 
        means--
                    (A) any finfish, mollusk, crustacean, aquatic 
                plant, alga, echinoderm, zooplankton, diadromous 
                species, or other marine species propagated and reared 
                for marine aquaculture, excluding marine mammals and 
                birds; or
                    (B) a natural set of mussels or other species 
                described in subparagraph (A) that provide seed for 
                certain types of aquaculture practices, such as rope 
                culture for mussels.
            (3) Exclusive economic zone.--
                    (A) In general.--Unless otherwise specified by the 
                President in the public interest in a writing published 
                in the Federal Register, the term ``exclusive economic 
                zone'' means 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 country is less 
                than 400 nautical miles, a line equidistant between the 
                United States and the other country).
                    (B) Inner boundary.--Without affecting any 
                Presidential proclamation with regard to the 
                establishment of the United States territorial sea or 
                exclusive economic zone, the inner boundary of the 
                exclusive economic zone is--
                            (i) in the case of the coastal States, a 
                        line coterminous with the seaward boundary of 
                        each such State, as described in section 4 of 
                        the Submerged Lands Act (43 U.S.C. 1312);
                            (ii) in the case of Puerto Rico, a line 3 
                        marine leagues from the coastline of Puerto 
                        Rico;
                            (iii) in the case of American Samoa, the 
                        Virgin Islands, and Guam, a line 3 geographic 
                        miles from the coastlines of American Samoa, 
                        the Virgin Islands, or Guam, respectively;
                            (iv) in the case of the Commonwealth of the 
                        Northern Mariana Islands--
                                    (I) the coastline of the 
                                Commonwealth of the Northern Mariana 
                                Islands, until 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
                                    (II) upon the United States grant 
                                of such authority, the line established 
                                by such grant of authority; or
                            (v) for any possession of the United States 
                        not under clause (ii), (iii), or (iv), the 
                        coastline of such possession.
                    (C) Construction.--Nothing in this definition may 
                be construed to diminish the authority of the 
                Department of Defense, the Department of the Interior, 
                or any other Federal department or agency.
            (4) Lessee.--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.).
            (5) Marine aquaculture.--The term ``marine aquaculture'' 
        means any activity involved in the propagation, rearing, or 
        attempted propagation or rearing, of cultured species in 
        saltwater or brackish water conditions in the exclusive 
        economic zone, State waters, coastal waters, estuaries, or 
        land-based facilities, including recirculating saltwater 
        facilities directly supporting such activities.
            (6) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means any activities involved in the propagation, 
        rearing, or attempted propagation or rearing, of cultured 
        species in the exclusive economic zone.
            (7) Offshore aquaculture facility.--The term ``offshore 
        aquaculture facility'' means--
                    (A) an installation or structure used, in whole or 
                in part, for offshore aquaculture; or
                    (B) an area of the seabed, water column, or the 
                sediment used for offshore aquaculture.
            (8) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Commerce, acting 
        through the Under Secretary of Commerce for Oceans and 
        Atmosphere.

SEC. 4. OFFICE OF MARINE AQUACULTURE.

    (a) Office of Marine Aquaculture.--The Secretary shall establish 
and provide resources to an Office of Marine Aquaculture within the 
National Marine Fisheries Service at the National Oceanic and 
Atmospheric Administration headquarters, including presence in each of 
the regional fisheries offices of the National Oceanic and Atmospheric 
Administration.
    (b) Duties.--The Office of Marine Aquaculture shall--
            (1) coordinate regulatory, scientific, outreach, and 
        international issues related to aquaculture within the National 
        Oceanic and Atmospheric Administration;
            (2) coordinate the National Oceanic and Atmospheric 
        Administration's aquaculture activities, in collaboration with 
        the Office of Oceanic and Atmospheric Research and the National 
        Ocean Service;
            (3) support existing aquaculture outreach, education, 
        extension services, and training efforts, such as those from 
        the National Sea Grant College Program and the National Oceanic 
        and Atmospheric Administration Regional Aquaculture 
        Coordinators;
            (4) provide opportunities for engagement with owners and 
        operators of offshore aquaculture facilities, fishery 
        management councils, conservation organizations, fisheries 
        associations, State governments, and other interested 
        stakeholders;
            (5) administer the research and development grant program 
        under section 11;
            (6) organize through each regional fisheries office a 
        network of regional experts and Federal agency contacts, in 
        coordination with relevant organizations (including the 
        National Sea Grant College Program, the Department of 
        Agriculture Regional Aquaculture Centers, land-grant 
        universities, and the Cooperative Extension System of the 
        Department of Agriculture) to provide technical expertise and 
        extension services on marine aquaculture and information on 
        Federal permit requirements;
            (7) maintain supporting aquaculture divisions in each of 
        the regional fisheries offices of the National Oceanic and 
        Atmospheric Administration; and
            (8) administer at least 1 Administration Regional 
        Aquaculture Coordinator in each of the 6 National Marine 
        Fisheries regions, which shall be located at a regional office 
        in the respective region.
    (c) Aquaculture Subcommittee.--The Office of Marine Aquaculture 
shall coordinate its activities with the aquaculture advisory board of 
the Marine Fisheries Advisory Committee. The Marine Fisheries Advisory 
Committee shall designate the ``Aquaculture Subcommittee'' as a 
permanent, standing committee to serve as an external board to advise 
the Secretary on aquaculture. The Aquaculture Subcommittee shall 
coordinate with the National Sea Grant Advisory Board, as appropriate.

SEC. 5. ADMINISTRATION.

    (a) NOAA Authority.--The National Oceanic and Atmospheric 
Administration shall serve as the lead Federal agency for purposes of 
providing information on Federal permitting requirements for marine 
aquaculture in State and Federal waters.
    (b) Discussion of Proposed Projects.--For offshore aquaculture, the 
National Oceanic and Atmospheric Administration shall arrange 
opportunities for prospective permit applicants to discuss proposed 
projects with other Federal agencies with Federal permit and review 
responsibilities prior to submittal of a permit application, and 
coordinate the efficient application for permits and approvals required 
by Federal agencies. Nothing in this subsection precludes an applicant 
from contacting other relevant Federal agencies directly.
    (c) Regulations.--The Secretary shall--
            (1) promulgate regulations, after consulting with relevant 
        Federal agencies, coastal States, regional fishery management 
        councils, and tribal governments (within the meaning of such 
        term in Executive Order 13175 (65 Fed. Reg. 67249)) to 
        implement this Act, including--
                    (A) procedures to issue, modify, deny, revoke, or 
                suspend an offshore aquaculture permit;
                    (B) procedures to coordinate the offshore 
                aquaculture permitting process, with similar or 
                complementary activities administered by other Federal 
                agencies, tribal governments, and coastal States;
                    (C) procedures to monitor and evaluate permit 
                compliance;
                    (D) procedures to transfer an offshore aquaculture 
                permit from an original permit holder to a person that 
                meets the requirements under section 6(a);
                    (E) procedures to consider public-private 
                partnerships;
                    (F) procedures to minimize, as much as practicable, 
                conflicts with existing uses in the exclusive economic 
                zone; and
                    (G) development of an offshore aquaculture permit 
                that can be issued in accordance with the requirements 
                of section 6; and
            (2) promulgate such additional regulations as are necessary 
        and appropriate to carry out this Act.
    (d) Agreements.--The Secretary may enter into and perform such 
contracts, leases, or cooperative agreements, and make and receive such 
grants or funds, as may be necessary to carry out this Act.
    (e) Assurance of Animal Health.--
            (1) In general.--Nothing in this section shall affect the 
        authority of the Secretary of Agriculture to--
                    (A) carry out the Animal Health Protection Act (7 
                U.S.C. 8301 et seq.) with respect to cultured species 
                in the exclusive economic zone; or
                    (B) operate as the lead Federal agency for 
                providing animal health oversight for cultured species 
                in the exclusive economic zone.
            (2) Criteria for practicing veterinary medicine in waters 
        outside state jurisdiction.--A veterinarian may practice 
        veterinary medicine in waters outside State jurisdiction if the 
        veterinarian--
                    (A) is licensed and in good standing to practice 
                veterinary medicine in any State;
                    (B) holds a category II veterinary accreditation 
                from the Animal and Plant Health Inspection Service 
                that includes completion of aquatic animal health 
                modules of the Animal and Plant Health Inspection 
                Service; and
                    (C) has a valid veterinarian client-patient 
                relationship with the facility in which he or she is 
                practicing veterinary medicine.

SEC. 6. OFFSHORE AQUACULTURE PERMITS.

    (a) In General.--After the Secretary promulgates final regulations 
under section 5(c)(1), the Secretary may issue an offshore aquaculture 
permit if the Secretary determines that--
            (1) the applicant has demonstrated that the offshore 
        aquaculture facility will be--
                    (A) maintained in good working order; and
                    (B) operated and sited in a manner that minimizes 
                adverse impacts on the marine environment;
            (2) the proposed offshore aquaculture facility is 
        consistent with national policy goals and objectives, including 
        sustainable and healthy fisheries, maritime shipping, and 
        environmental quality, consistent with section 10; and
            (3) issuance of the offshore aquaculture permit is not 
        prohibited under section 7(b).
    (b) Authorized Activities.--An offshore aquaculture permit holder--
            (1) shall be authorized to conduct offshore aquaculture 
        consistent with this Act (including regulations), other 
        applicable provisions of law (including regulations), and any 
        terms or conditions prescribed under subsection (d)(2); and
            (2) may raise specified cultured species in a specific 
        offshore aquaculture facility within a specified area of the 
        exclusive economic zone if the cultured species is considered--
                    (A) native to the region where the aquaculture 
                facility is located;
                    (B) sterile or otherwise not capable of producing 
                viable offspring; or
                    (C) by the best available science, to be not likely 
                to become invasive and cause undue harm to wild 
                species, habitats, or ecosystems, or supplement 
                existing invasive populations, in the event of an 
                escape.
    (c) Permit Procedure.--
            (1) Application.--An applicant for a permit shall submit an 
        application to the Secretary. The application shall specify--
                    (A) the proposed location of the offshore 
                aquaculture facility;
                    (B) the type of operation;
                    (C) the cultured species, or a specified range of 
                species, to be propagated or reared, or both, at the 
                offshore aquaculture facility;
                    (D) the ways in which the permit holder will 
                address potential environmental impacts, including 
                invasive species, pathogens, impacts on benthic habitat 
                and water quality;
                    (E) a plan to protect the health of the cultured 
                species described in subparagraph (C), including a plan 
                for responding to a disease outbreak;
                    (F) such other design, construction, and 
                operational information, as the Secretary may require, 
                including measures to withstand significant weather 
                events that could damage or impact the offshore 
                aquaculture facility and a contingency plan for 
                responding to an escape of farmed fish of the proposed 
                cultured species, from the offshore aquaculture 
                facility, including a response to a technical failure 
                of the facility that presents a navigational hazard;
                    (G) a plan for conducting necessary environmental 
                monitoring; and
                    (H) a facility decommissioning plan.
            (2) Notice.--The Secretary shall provide public notice and 
        an opportunity for public comment for each offshore aquaculture 
        permit application. To the extent practicable, the public 
        notice for each permit application shall fulfill the public 
        notice requirement for all Federal agencies under all 
        applicable provisions of law, and the response to public 
        comment shall include all agency responses to all aspects of 
        each facility or group of facilities.
            (3) Deadlines for consideration of applications for 
        permits.--Not later than 10 days after the date on which the 
        Secretary receives an offshore aquaculture permit application, 
        the Secretary shall--
                    (A) notify the applicant that the application is 
                complete; or
                    (B) notify the applicant that information is 
                missing and specify any information that is required to 
                be submitted for the application to be complete.
            (4) Issuance or deferral.--Not later than 30 days after the 
        period for public comments on a completed application has 
        concluded, the Secretary shall--
                    (A) issue the permit, if the requirements under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and other applicable law have been 
                completed within such timeframe; or
                    (B) defer the decision on the permit and provide to 
                the applicant a notice--
                            (i) that specifies any steps that the 
                        applicant could take for the permit to be 
                        issued; and
                            (ii) a list of actions that need to be 
                        taken by the agency to complete compliance with 
                        applicable law together with timelines and 
                        deadlines for completing such actions.
            (5) Requirements for deferred applications.--
                    (A) In general.--If the Secretary provides notice 
                under paragraph (4)(B), the applicant shall have a 
                period of 2 years from the date of receipt of the 
                notice in which to complete all requirements specified 
                by the Secretary, including providing information 
                needed for compliance with the National Environmental 
                Policy Act of 1969.
                    (B) Issuance of decision on permit.--If the 
                applicant completes the requirements within the period 
                specified in subparagraph (A), the Secretary shall 
                issue a decision on the permit not later than 10 days 
                after the date of completion of the requirements 
                described in subparagraph (A), unless compliance with 
                the National Environmental Policy Act of 1969 and other 
                applicable law has not been completed within such 
                timeframe.
                    (C) Denial of permit.--If the applicant does not 
                complete the requirements within the period specified 
                in subparagraph (A) or if the applicant does not comply 
                with applicable law, the Secretary shall deny the 
                permit.
    (d) Eligible Applicants.--An offshore aquaculture permit holder 
shall be--
            (1) a citizen or permanent resident of the United States; 
        or
            (2) a corporation, partnership, or other entity that--
                    (A) is organized and existing under the laws of a 
                State or the United States; and
                    (B) is not State-owned or majority-controlled by a 
                State-owned enterprise.
    (e) Duration.--
            (1) In general.--An offshore aquaculture permit shall have 
        an initial 25-year duration, and may be renewed subject to the 
        terms of this Act.
            (2) Exceptions.--
                    (A) The Secretary shall develop the duration of an 
                offshore aquaculture permit for a project involving 
                pilot-scale testing or farm-scale research on 
                aquaculture science and technologies.
                    (B) The Secretary shall develop the duration of an 
                offshore aquaculture permit subject to subsection 
                (m)(1), in consultation with the Secretary of the 
                Interior, except that the permit shall expire not 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.
    (f) Renewal.--An offshore aquaculture permit holder may renew a 
permit for an additional 25-year period before the end of the original 
permit's duration provided that the permit or amended permit complies 
with existing requirements.
    (g) Revocation.--The Secretary may, pursuant to regulations issued 
under this Act, revoke an offshore aquaculture permit if--
            (1) the permit holder fails to begin offshore aquaculture 
        operations within 2 years from the date the required Federal 
        permits are obtained;
            (2) there is a prolonged interruption of offshore 
        aquaculture operations, unrelated to best management practices 
        such as fallowing, which the Secretary may consider to be 
        prolonged no sooner than 2 years after the initial 
        interruption; or
            (3) the permit holder repeatedly violates the conditions of 
        the aquaculture permit and the Secretary determines that such 
        violations are severe enough to warrant discontinuation of 
        operations.
    (h) Expiration.--Not later than 1 year after the expiration or 
termination of an offshore aquaculture permit, a permit holder shall--
            (1) remove all structures, gear, and other property from 
        the site; and
            (2) take such other measures to restore the site, as the 
        Secretary considers necessary.
    (i) Emergency Determination.--If the Secretary determines that an 
emergency exists that poses a significant risk to the safety of humans, 
to the marine environment, to cultured species, to a marine species, or 
to the security of the United States and that requires suspension, 
modification, or revocation of an offshore aquaculture permit, the 
Secretary may suspend, modify, or revoke the permit for such time as 
the Secretary determines is necessary to address the emergency. The 
Secretary shall afford the permit holder a prompt post-suspension, 
post-modification, or post-revocation opportunity to be heard regarding 
the suspension, modification, or revocation.
    (j) Fees.--
            (1) Establishment.--The Secretary may establish, by 
        regulation, application fees and annual permit fees. The fees 
        shall be deposited as offsetting collections in the Operations, 
        Research, and Facilities account. Fees may be collected and 
        made available to the extent provided in advance in 
        appropriation Acts. Such fees shall be set as an amount such 
        that the total revenue from such fees does not exceed the 
        amount required to cover the costs of management, data 
        collection, analysis, inspection, and enforcement activities 
        related to permits under this section.
            (2) Waivers.--The Secretary may waive, in whole or in part, 
        any fee under this section if an offshore aquaculture facility 
        is used primarily for research.
            (3) Guarantees.--The Secretary shall require a permit 
        holder to post a bond or other form of financial guarantee in 
        an amount determined by the Secretary, to be reasonable and 
        commensurate with the aquaculture operation and as sufficient 
        to cover, without duplication--
                    (A) any unpaid fees;
                    (B) the cost of removing an offshore aquaculture 
                facility at the expiration or termination of an 
                offshore aquaculture permit; and
                    (C) the cost of site remediation for impacts 
                arising from authorized activities.
    (k) Magnuson-Stevens Fishery Conservation and Management Act.--
Beginning on the effective date of the final regulations promulgated 
under section 5(c)(1), the conduct of offshore aquaculture that is in 
accordance with an offshore aquaculture permit issued under this Act 
shall not be considered fishing for purposes of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
    (l) Statutory Construction.--An offshore aquaculture permit issued 
under this Act shall not supersede or substitute for any other 
authorization required under Federal or State laws (including 
regulations).
    (m) Actions Affecting the Outer Continental Shelf.--
            (1) Notification of secretary of the interior.--The 
        Secretary shall notify the Secretary of the Interior for each 
        application for an offshore aquaculture permit that is located 
        on the outer continental shelf.
            (2) Prior consent required.--An offshore aquaculture 
        facility may not be located on a lease, right-of-use and 
        easement, or right of way authorized or permitted under the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
        without the prior consent of any lessee and other owner of 
        operating interest.
            (3) Compliance review.--The Secretary of the Interior shall 
        review and approve each agreement between a prospective 
        offshore aquaculture operator and a lessee. The Secretary of 
        the Interior shall ensure that the agreement 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, and human life 
        or health. An agreement under this subsection shall--
                    (A) be part of the information reviewed under the 
                Coastal Zone Management Act review process under 
                paragraph (4); and
                    (B) not be subject to a separate Coastal Zone 
                Management Act review.
            (4) Coordinated coastal zone management act review.--
                    (A) State review under section 307(c)(3)(A) of the 
                coastal zone management act of 1972.--
                            (i) In general.--A coastal State's review 
                        under the Coastal Zone Management Act of 1972 
                        (16 U.S.C. 1451 et seq.) shall include any 
                        modification or change to a lessee's approved 
                        plan that results from, or is necessary for, 
                        the issuance of an offshore aquaculture permit 
                        if the State simultaneously receives--
                                    (I) the information related to the 
                                modification or change; and
                                    (II) the offshore aquaculture 
                                permit applicant's consistency 
                                certification.
                            (ii) Simultaneous receipt.--If the coastal 
                        State simultaneously receives the information 
                        related to a modification or change to a 
                        lessee's approved plan and the offshore 
                        aquaculture permit applicant's consistency 
                        certification, then--
                                    (I) a lessee shall not be required 
                                to submit a separate consistency 
                                certification for the modification or 
                                change under section 307(c)(3)(B) of 
                                the Coastal Zone Management Act of 1972 
                                (16 U.S.C. 1456(c)(3)(B)); and
                                    (II) the coastal State's 
                                concurrence (or presumed concurrence) 
                                or objection to the consistency 
                                certification for the offshore 
                                aquaculture permit under section 
                                307(c)(3)(A) of such Act shall apply 
                                both--
                                            (aa) to the offshore 
                                        aquaculture permit; and
                                            (bb) to any related 
                                        modification or change to a 
                                        lessee's plan approved under 
                                        the Outer Continental Shelf 
                                        Lands Act (43 U.S.C. 1331 et 
                                        seq.).
                    (B) State review under section 307(c)(3)(B) of the 
                coastal zone management act of 1972.--To the extent 
                that a coastal State is not authorized by section 
                307(c)(3)(A) of the Coastal Zone Management Act of 1972 
                (16 U.S.C. 1456(c)(3)(A)) to review an offshore 
                aquaculture permit application submitted under this 
                Act, then a modification or change to a lessee's 
                approved plan shall be subject to coastal State review 
                under section 307(c)(3)(B) of such Act if a consistency 
                certification for the modification or change is 
                required under applicable Federal regulations.
                    (C) Lessee's approved plan defined.--In this 
                paragraph, the term ``lessee's approved plan'' includes 
                a document for which a consistency certification is 
                required under applicable Federal regulations, such as 
                a change to the approved plan for decommissioning a 
                facility.
            (5) Additional authority.--
                    (A) In general.--The Secretary of the Interior may, 
                to carry out this subsection--
                            (i) promulgate rules and regulations as 
                        necessary and appropriate;
                            (ii) require and enforce any additional 
                        terms or conditions that the Secretary of the 
                        Interior considers necessary to ensure the 
                        compatibility of aquaculture operations with 
                        activities for which permits, authorizations, 
                        leases, negotiated agreements, right-of-way, or 
                        right-of-use and easement were issued under the 
                        Outer Continental Shelf Lands Act (43 U.S.C. 
                        1331 et seq.);
                            (iii) issue an order to an offshore 
                        aquaculture permit holder to take any action 
                        the Secretary of the Interior considers 
                        necessary to ensure safe operations on the 
                        facility, and to protect the marine 
                        environment, property, or human life or health; 
                        and
                            (iv) enforce all requirements contained in 
                        the regulations, lease terms and conditions, 
                        and orders under the Outer Continental Shelf 
                        Lands Act (43 U.S.C. 1331 et seq.).
                    (B) Interpretation.--Failure to comply with any 
                order issued under subparagraph (A)(iii) shall 
                constitute a violation of the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1331 et seq.).
    (n) Permitting Harmonization.--
            (1) In general.--In promulgating the regulations required 
        to implement this Act, the Secretary shall, to the maximum 
        extent practicable, minimize duplication and harmonize 
        timelines and requirements with other required Federal permits. 
        Efforts under this subsection shall include coordinating 
        timelines for permit application and review processes 
        (including public notice and comment periods) and aligning 
        information requests and reporting requirements for permit 
        applicants and permit holders.
            (2) Environmental analysis.--The National Oceanic and 
        Atmospheric Administration, through the Office of Marine 
        Aquaculture and associated divisions, shall be responsible for 
        coordinating any environmental analysis or environmental impact 
        statement required under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) by serving as the lead Federal 
        agency for a single consolidated environmental review for all 
        applicable Federal permits for an offshore aquaculture facility 
        or group of facilities, with input from other Federal agencies 
        as cooperating agencies under such Act.
            (3) Coordination of permitting activities.--To the extent 
        practicable under this Act and all other applicable laws and 
        regulations, Federal agencies with permitting requirements 
        applicable to offshore aquaculture facilities shall coordinate 
        all permitting activities with the Office of Marine 
        Aquaculture. Such coordination shall include the following:
                    (A) Coordinating permit requirements, permit 
                application and review procedures, and monitoring and 
                reporting requirements, and eliminating duplicative 
                requirements.
                    (B) Aligning permit application and review 
                timelines.
                    (C) Participating as a cooperating agency in the 
                preparation of any environmental analysis or 
                environmental impact statement required under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) for an offshore aquaculture facility or 
                facilities.
                    (D) Contributing to the single request for public 
                comment and the consolidated response to public comment 
                prepared pursuant to subsection (c)(2).
            (4) Delegation.--Unless otherwise prohibited, a Federal 
        agency with regulatory authority for offshore aquaculture may 
        delegate its authority to another Federal agency.

SEC. 7. RESTRICTIONS ON OFFSHORE AQUACULTURE ACTIVITIES.

    (a) In General.--Except as provided in subsection (c), no person 
may engage in offshore aquaculture except in accordance with an 
offshore aquaculture permit--
            (1) issued under section 6; or
            (2) issued, before the date of enactment of this Act, under 
        the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1801 et seq.).
    (b) States With Certain Laws Regarding Aquaculture.--With respect 
to a coastal State that has in effect a law that bans or prohibits 
certain types of aquaculture, cultured species shall be permitted in 
the exclusive economic zone adjacent to such State consistent with the 
law of such State.
    (c) Savings Clause.--Nothing in this Act shall supersede permit 
applications in process on the date of enactment of this Act or permits 
that are in place on the date of enactment of this Act.

SEC. 8. RECORDKEEPING AND ACCESS TO INFORMATION.

    (a) Regulations.--The Secretary, after consultation with other 
interested Federal departments and agencies, shall prescribe by 
regulation--
            (1) the records that a permit holder is required to 
        establish and maintain;
            (2) the reports that a permit holder is required to make;
            (3) the information that a permit holder is required to 
        provide, which shall include--
                    (A) data regarding escape events;
                    (B) the prevalence of disease in the offshore 
                aquaculture facility, including a description of 
                veterinary services provided for treatment; and
                    (C) other information, as the Secretary may 
                require; and
            (4) any other recordkeeping that a permit holder is 
        required to satisfy, as necessary to carry out this Act.
    (b) Government Access.--Any United States official with an official 
responsibility for implementing and enforcing United States laws 
applicable to maritime fishing, shipping, or conservation, shall have 
reasonable access, at all times, to an offshore aquaculture facility 
for which a permit is issued under this Act (for the purpose of 
enforcing laws under the official's jurisdiction or otherwise carrying 
out the official's responsibilities). Such an official may inspect, at 
reasonable times, records, files, papers, permits, processes, controls, 
and the offshore aquaculture facility and may test any feature of the 
offshore aquaculture facility. Each inspection shall be conducted with 
reasonable promptness. The permit holder shall receive timely 
notification, in writing, of the results of the inspection.
    (c) Inspection.--
            (1) Frequency.--The Secretary shall conduct--
                    (A) an annual inspection of offshore aquaculture 
                facilities for which a permit is issued under section 6 
                for the first 5 years after issuance of the permit; and
                    (B) a biennial inspection of such facilities 
                thereafter.
            (2) Notice.--The Secretary shall provide reasonable notice 
        prior to site inspections at offshore aquaculture facilities 
        pursuant to paragraph (1).
            (3) Facilities located on the outer continental shelf.--The 
        Secretary of the Interior, or a designee of such Secretary, is 
        authorized with inspection authority under subsection (b)(1) 
        for marine aquaculture facilities located on the outer 
        continental shelf.

SEC. 9. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS.

    (a) In General.--The Secretary shall initiate and lead programmatic 
environmental impact statements (referred to in this section as 
``EISs'') for areas of the exclusive economic zone determined by the 
Secretary to be highly favorable for marine aquaculture and likely 
compatible with other uses of such areas.
    (b) Distribution.--The programmatic EISs conducted by the Secretary 
pursuant to subsection (a) need not cover the entirety of the exclusive 
economic zone, but the Secretary shall attempt to provide coverage in 
each area of the exclusive economic zone, including the East Coast, 
Gulf Coast, West Coast, and other areas of the Atlantic and Pacific in 
the jurisdiction of the United States.
    (c) Requirements.--The following shall apply:
            (1) Programmatic EISs shall not supersede the requirements 
        of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.).
            (2) Individual projects may require additional review 
        pursuant to the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) to support project-level decisionmaking 
        and to analyze specific issues of concern to other Federal 
        agencies, States, and other stakeholders at the project level.
            (3) Programmatic and project-specific processes pursuant to 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) described in this section should consider all public 
        input, including local and regional concerns.

SEC. 10. ENVIRONMENTAL AND MANAGEMENT STANDARDS.

    In issuing permits under section 6 and conducting the programmatic 
environmental impact statements under section 9, the Secretary shall--
            (1) consult with appropriate Federal agencies, coastal 
        States, and regional fishery management councils to identify 
        the environmental and management requirements and standards 
        that apply to offshore aquaculture under existing Federal and 
        State laws (including regulations); and
            (2) consider environmental and management factors that 
        apply to offshore aquaculture under existing Federal and State 
        law that--
                    (A) are compatible with the use of the exclusive 
                economic zone for navigation, fishing, resource 
                protection, recreation, national defense (including 
                military readiness), mineral and energy exploration and 
                development, transportation, and other activities 
                within the exclusive economic zone;
                    (B) are consistent with conservation and management 
                measures under the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.) and will not unreasonably interfere with fishing 
                access;
                    (C) recognize the importance of fishery resources 
                to fishing communities as described in section 
                301(a)(8) of the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1851(a)(8));
                    (D) to the extent practicable, avoid, minimize, or 
                mitigate adverse impacts to the marine environment;
                    (E) avoid, minimize, or mitigate to the extent 
                practicable the risk to and impacts on wild fish stocks 
                and fisheries;
                    (F) use only cultured species in Federal waters 
                that are described in section 6(b)(2);
                    (G) prevent the transmission of disease or 
                parasites to wild stocks;
                    (H) prevent the escape of culture species that may 
                cause significant environmental harm;
                    (I) minimize the risks and impacts on biological, 
                chemical, and physical features of water quality; and
                    (J) avoid, minimize, or mitigate, to the extent 
                practicable, the cumulative adverse effects of the 
                offshore aquaculture operation in consideration of 
                other existing offshore aquaculture operations in the 
                vicinity of the proposed site.

SEC. 11. RESEARCH AND DEVELOPMENT GRANT PROGRAM.

    (a) In General.--The Secretary shall establish, in consultation 
with applicable Federal agencies, coastal States, tribal governments, 
regional fishery management councils, academic institutions, and 
interested stakeholders, a research and development grant program to 
further the purposes of this Act. In carrying out this subsection, the 
Secretary shall consider utilizing existing programs that leverage 
State and local partnerships and take advantage of the extramural 
research community, including the Saltonstall-Kennedy Grant Program, 
the National Sea Grant College Program, the National Oceanographic 
Partnership Program, and consortium of institutions.
    (b) Components.--The research and development grant program shall 
award competitive, peer-reviewed grants to fund research and extension 
services--
            (1) to improve the understanding and application of 
        larviculture for improving larval survival and breeding 
        practices for cultured species and species of future interest 
        for marine aquaculture;
            (2) to advance the understanding and application of 
        genetics research with respect to cultured species and 
        potential interactions with wild stocks;
            (3) to advance research into cultured species disease and 
        management, mitigation, and prevention of disease, including 
        efforts to support the development of comprehensive fish health 
        management tools, including access to safe and effective 
        vaccines, therapeutants, and therapies;
            (4) to develop cost-effective alternative feeds to optimize 
        the use of wild fish, fish oil, plants, and alternative sources 
        of protein and lipids in marine aquaculture feeds and maintain 
        the human health benefits of cultured seafood;
            (5) to improve techniques for monitoring, assessing, and 
        addressing environmental and socioeconomic effects;
            (6) to develop and evaluate methodologies to prevent, 
        minimize, and mitigate potential adverse ecosystem and 
        socioeconomic impacts of marine aquaculture, including methods 
        for avoiding interactions with living marine resources;
            (7) to conduct research to document and increase the 
        potential positive effects of marine aquaculture;
            (8) to transition innovative aquaculture technologies, 
        including technologies focused on the commercialization of 
        high-value marine species, from laboratory studies to 
        commercial and restoration projects that create new, and 
        support existing, jobs in coastal communities, produce 
        healthful locally sourced seafood, revitalize working 
        waterfronts, support traditional fishing communities, and 
        restore depleted species and habitat;
            (9) to advance engineering solutions for marine 
        aquaculture, to develop new technologies, to design engineering 
        innovations to reduce the potential for environmental impacts 
        of marine aquaculture facilities, and to refine existing 
        aquaculture cultivation practices;
            (10) to monitor and assess the effects of environmental 
        changes on marine aquaculture, and develop adaptation 
        strategies;
            (11) to enhance and develop seafood marketing programs for 
        aquaculture species as part of broader Federal seafood 
        marketing initiatives to promote trade in both wild-caught and 
        farmed seafood under existing grant programs; and
            (12) to investigate other priority issues identified by the 
        Secretary.
    (c) Coordination With Other Federal Programs.--The Secretary 
shall--
            (1) coordinate aquaculture research and development grants 
        within the Department of Commerce and with other Federal 
        programs that provide grant funding for purposes similar to 
        those under subsection (b), such as grants administered by the 
        National Sea Grant College Program and the National Institute 
        of Standards and Technology; and
            (2) coordinate the research and development grant program 
        established in this section with the interagency aquaculture 
        coordinating group established under section 6 of the National 
        Aquaculture Act of 1980 (16 U.S.C. 2805) and with the research 
        and development conducted through the Cooperative Extension 
        System of the Department of Agriculture.
    (d) Cooperative Research Agreement.--To carry out this section, the 
Secretary may enter into a cooperative agreement with a State, 
institution of higher education, or other private institution or 
research center.

SEC. 12. ENFORCEMENT.

    (a) Prohibited Acts.--It is unlawful for any person--
            (1) to violate any provision of this Act or any regulation 
        or permit issued pursuant to this Act;
            (2) to refuse to permit any officer authorized to enforce 
        the provisions of this Act (in accordance with subsection (b)) 
        access an offshore aquaculture facility subject to such 
        person's control, or any onshore facility, vessel, or other 
        conveyance associated with such facility, for purposes of 
        conducting any search or inspection in connection with the 
        enforcement of this Act or any regulation or permit referred to 
        in paragraph (1);
            (3) to assault, resist, oppose, impede, intimidate, or 
        interfere with any such authorized officer in the conduct of 
        any search or inspection described in paragraph (2);
            (4) to resist a lawful arrest for any act prohibited by 
        this subsection;
            (5) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        fish produced, taken, retained, or possessed in violation of 
        this Act or any regulation or permit referred to in paragraph 
        (1);
            (6) to interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this 
        subsection;
            (7) to knowingly and willfully submit to the Secretary or 
        the Governor of a State false information regarding any matter 
        that the Secretary or Governor is considering in the course of 
        carrying out this Act; or
            (8) without authorization, to remove, damage, or tamper 
        with--
                    (A) an offshore aquaculture facility owned by 
                another person, which is located in the exclusive 
                economic zone, including any component thereof; or
                    (B) cultured species contained in such facility or 
                component thereof.
    (b) Authorities and Responsibilities.--
            (1) In general.--The authorities and responsibilities under 
        subsections (a), (b), (c), and (e) of section 311 and 
        subsection (f) of section 308 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1861, 1858) and 
        paragraphs (2), (3), and (7) of section 310(b) of the Antarctic 
        Marine Living Resources Convention Act of 1984 (16 U.S.C. 
        2439(b)) shall apply with respect to enforcement of this Act.
            (2) Included facilities and conveyances.--For purposes of 
        enforcing this Act, any reference in the subsections and 
        paragraphs listed in paragraph (1)--
                    (A) to a ``vessel'' or ``fishing vessel'' includes 
                all offshore aquaculture facilities, and all associated 
                onshore facilities, vessels, and other conveyances; and
                    (B) to ``fish'', ``marine resource'', or ``marine 
                resources'' includes cultured species.
            (3) Application of other provisions.--The subsections and 
        paragraphs listed in paragraph (1) apply to violations of this 
        Act and any regulations promulgated under this Act.
    (c) Civil Enforcement.--Any person who commits any act that is 
unlawful under subsection (a) shall be liable to the United States for 
a civil penalty, and may be subject to a permit sanction, under section 
308(g) of the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1858(g)).
    (d) Forfeiture.--Any offshore aquaculture facility, and any 
associated onshore facilities, vessel, or other conveyance (including 
its gear, furniture, appurtenances, stores, and cargo) used, and any 
cultured species (or the fair market value thereof) produced, taken, 
sold, purchased, retained, imported, exported, or possessed in 
connection with or as result of the commission of any act prohibited by 
subsection (a) shall be subject to forfeiture under section 310 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1860).
    (e) Criminal Enforcement.--Any person who commits any act 
prohibited by paragraph (2), (3), (4), (6), or (7) of subsection (a) is 
guilty of an offense under section 309 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1859).
    (f) Savings Clause.--Notwithstanding any other provision of law, no 
enforcement action under this Act may take place without a warrant, if 
a warrant would be required for the enforcement of a similar provision 
of law under Federal or applicable State law.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary for the purpose of carrying out this Act--
            (1) $60,000,000 for fiscal year 2018;
            (2) $65,000,000 for fiscal year 2019;
            (3) $70,000,000 for fiscal year 2020;
            (4) $75,000,000 for fiscal year 2021; and
            (5) $80,000,000 for fiscal year 2022.
    (b) Sense of Congress.--It is the sense of Congress that, in 
expending amounts appropriated under subsection (a), the Secretary 
should prioritize the programmatic environmental impact statement 
program under section 9.
                                 <all>