[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.
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