[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3100 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3100

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 28, 2021

  Mr. Wicker (for himself, Mr. Schatz, 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 sustainable offshore aquaculture 
 in the United States exclusive economic zone, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; 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. Purposes.
Sec. 3. Definitions.
                      TITLE I--NATIONAL STANDARDS

Sec. 101. National standards for sustainable aquaculture.
Sec. 102. National plan to identify and designate aquaculture 
                            opportunity areas.
Sec. 103. Aquaculture outside of an aquaculture opportunity area.
                       TITLE II--CORE ACTIVITIES

Sec. 201. Aquaculture management plans.
Sec. 202. Offshore aquaculture permits.
Sec. 203. Research and development grant program.
Sec. 204. Economic soundness.
                         TITLE III--REFINEMENTS

Sec. 301. Recordkeeping, inspections, and access to information.
Sec. 302. Marine feed standards.
Sec. 303. Marine use rights.
                  TITLE IV--ADMINISTRATIVE PROVISIONS

Sec. 401. Office of Aquaculture.
Sec. 402. Support for industry.
Sec. 403. Outreach and education.
Sec. 404. Administration.
Sec. 405. Report and permit terms.
Sec. 406. Federal coordination.
Sec. 407. Prohibited acts.
Sec. 408. Enforcement.
Sec. 409. Authorization of appropriations.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to support the development of a sustainable marine 
        aquaculture industry in the United States and enhance access to 
        investment capital;
            (2) to develop sustainable marine aquaculture to complement 
        sustainable fisheries and ecosystem-based management;
            (3) to clarify the Federal regulatory regime for 
        sustainable offshore aquaculture and safeguard the marine 
        environment, wild fish stocks, and our coastal communities;
            (4) to support research and technology development to 
        further these goals;
            (5) to create new jobs, and support existing jobs within 
        the seafood industry of the United States, including jobs for 
        traditional fishing industry participants; and
            (6) to reduce the United States seafood trade deficit by 
        expanding the domestic supply of seafood through the production 
        of sustainable offshore aquaculture.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Aquaculture.--The term ``aquaculture''--
                    (A) means any activity involved in the propagation, 
                rearing, or attempted propagation or rearing, of 
                cultured species, including the capture and rearing of 
                broodstock;
                    (B) does not include the practice of capturing 
                juvenile finfish to rear to maturity in an aquaculture 
                facility for subsequent commercial sale; and
                    (C) does not include the practice of rearing and 
                releasing cultured species for the purpose of enhancing 
                wild populations.
            (2) Aquaculture stakeholder.--The term ``aquaculture 
        stakeholder'' means owners and operators of offshore 
        aquaculture facilities, Regional Fishery Management Councils, 
        interstate fisheries commissions, conservation organizations, 
        fisheries associations, State, county, and federally recognized 
        Indian Tribes, and other interested parties. The term also 
        includes other Federal agencies that have interests in 
        aquaculture.
            (3) 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)).
            (4) Cultured species.--The term ``cultured species'' means 
        any species propagated and reared for marine aquaculture. The 
        term includes larval marine shellfish species that self-recruit 
        in the offshore environment. The term excludes any member of 
        the class aves, reptilia, or mammalia.
            (5) 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 the Commonwealth of 
                        Puerto Rico, a line 9 nautical miles from the 
                        coastline of the Commonwealth of Puerto Rico;
                            (iii) in the case of American Samoa, the 
                        United States Virgin Islands, or Guam, a line 3 
                        geographic miles from the coastlines of 
                        American Samoa, the United States 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.
            (6) Healthy target stock.--The term ``healthy target 
        stock'' means a component of a fishery managed in a similar or 
        equivalent way to fisheries managed under the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) or by a United States interstate marine fisheries 
        commission, or a component of a fishery targeted for harvest 
        that is not overfished or experiencing overfishing.
            (7) 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.).
            (8) Multi-trophic aquaculture.--The term ``multi-trophic 
        aquaculture'' means an assemblage of cultured species grown in 
        close enough proximity to one another so that cultured species 
        provide ecosystem services to one another.
            (9) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means aquaculture conducted in the exclusive 
        economic zone.
            (10) 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.
            (11) 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.
            (12) Sustainably managed fishery for aquaculture feed.--The 
        term ``sustainably managed fishery for aquaculture feed'' means 
        a fishery that is used for feed and that is managed in such a 
        manner to maintain healthy target stocks, to protect marine 
        ecosystem structure, productivity, function, and diversity, and 
        to minimize impacts to nontarget stocks.

                      TITLE I--NATIONAL STANDARDS

SEC. 101. NATIONAL STANDARDS FOR SUSTAINABLE AQUACULTURE.

    (a) Relation to Current Law.--Nothing in this Act shall be 
construed in derogation of applicable law, and offshore aquaculture 
operations shall comply with all applicable statutes, rules, and 
regulations. In order to ensure that implementing regulations for 
applicable statutes appropriately account for the unique considerations 
arising from offshore aquaculture, the Secretary shall comply with the 
following:
            (1) With respect to regulations administered by the 
        Department of Commerce or National Oceanic and Atmospheric 
        Administration, the Secretary shall review such regulations in 
        accordance with this subsection and update any regulations as 
        appropriate or necessary.
            (2) With respect to Federal regulations not administered by 
        the Department of Commerce or National Oceanic and Atmospheric 
        Administration, the Secretary shall confer with appropriate 
        officials to review such regulations in accordance with this 
        subsection. After such review, the Agency that administers the 
        regulations may, as appropriate or necessary, update such 
        regulations.
    (b) National Standards.--Any designation and establishment of an 
aquaculture opportunity area, any aquaculture management plan prepared, 
any regulation promulgated, and any permit granted, pursuant to this 
Act, shall--
            (1) encourage development of United States offshore 
        aquaculture while remaining consistent with environmental 
        requirements established by law;
            (2) be based on the best scientific information available, 
        taking into account traditional knowledge;
            (3) be adaptive to offshore aquaculture development, 
        accounting for updates in technology and changes in 
        environmental conditions;
            (4) prefer species that are native or historically 
        naturalized to the region; and
            (5) prioritize the health of cultured species.
    (c) Guidelines.--The Secretary shall establish advisory guidelines 
(which shall not have the force and effect of law), based on the 
national standards, to assist in the development of aquaculture 
management plans, and regulations promulgated and permits granted 
pursuant to this title.
    (d) Periodic Review.--The Secretary shall periodically review the 
advisory guidelines established under subsection (c), as needed, but 
not less often than once every 5 years, to determine whether changed 
circumstances, advances in science, or improved management practices 
warrant an amendment or update to the guidelines.

SEC. 102. NATIONAL PLAN TO IDENTIFY AND DESIGNATE AQUACULTURE 
              OPPORTUNITY AREAS.

    (a) Relation to Current Law.--Nothing in this section shall be 
construed in derogation of applicable law in effect on the date of 
enactment of this Act regulating or restricting the use of the 
exclusive economic zone, and the Secretary shall comply with all such 
applicable law when proposing, designating, and operating an 
aquaculture opportunity area under this section. In order to ensure 
that implementing regulations for applicable statutes appropriately 
account for the unique considerations arising from offshore 
aquaculture, the Secretary shall comply with the following:
            (1) With respect to regulations administered by the 
        Department of Commerce or National Oceanic and Atmospheric 
        Administration, the Secretary shall review such regulations in 
        accordance with this subsection and update any regulations as 
        appropriate or necessary.
            (2) With respect to Federal regulations not administered by 
        the Department of Commerce or National Oceanic and Atmospheric 
        Administration, the Secretary shall confer with appropriate 
        officials to review such regulations in accordance with this 
        subsection. After such review, the Agency that administers the 
        regulations may, as appropriate or necessary, update such 
        regulations.
    (b) National Plan.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall, consistent with 
        this section, develop a plan and timeline to systematically--
                    (A) assess the exclusive economic zone;
                    (B) prepare an inventory of sites suitable for 
                aquaculture opportunity areas; and
                    (C) designate aquaculture opportunity areas.
            (2) Designation.--The Secretary may designate an 
        aquaculture opportunity area prior to completion of the entire 
        inventory under paragraph (1)(B) for locations where the 
        Secretary has completed the assessment under paragraph (1)(A) 
        and developed an aquaculture management plan as required under 
        subsection (f)(1).
    (c) Assessment of the Exclusive Economic Zone; Inventory.--The 
Secretary shall conduct the assessment and prepare the inventory 
described in subsection (b) using relevant scientific, social, and 
economic data, and engagement with aquaculture stakeholders and the 
public as provided in subsection (e). In conducting the assessment, the 
Secretary may consider a cluster of locations in close proximity with 
similar conditions as a single inventory item, provided that each of 
the locations meets the criteria established in this section. Based on 
the factors listed in subsection (d) and the national standards in 
section 101, the Secretary shall make a determination based on the 
totality of the circumstances whether a site under consideration is 
suitable for sustainable offshore aquaculture. If the Secretary 
determines that a site is suitable, then the site shall be listed in 
the inventory, along with--
            (1) a description of the site, including its coordinates 
        and a map;
            (2) a thorough evaluation of each factor described in 
        subsection (d), and the Secretary's findings regarding each of 
        those factors; and
            (3) an analysis of how these findings justify the 
        Secretary's determination that the site is suitable for 
        sustainable offshore aquaculture.
    (d) Factors for Assessment.--In order to conduct the assessment in 
subsection (c), the Secretary shall consider the following factors:
            (1) The oceanographic characteristics of the site.
            (2) The bathymetry and availability of areas for anchors, 
        moorings, and other gear.
            (3) Current and possible future human uses of the site, and 
        the areas in reasonable proximity to the site.
            (4) Current and possible future conservation uses of the 
        site, and the areas in reasonable proximity to the site.
            (5) Potential impacts to wild fisheries from the escape of 
        cultured species, or from cultured species becoming invasive or 
        hybridizing with wild stocks within the region.
            (6) Potential benefits from multi-trophic aquaculture, 
        where cultured species provide ecosystem services to one 
        another.
            (7) Availability of shore-side fishery infrastructure and 
        other land-based support facilities to support offshore 
        aquaculture operations.
            (8) Expected socioeconomic impacts from operations on 
        adjacent coastal communities.
            (9) Other factors that the Secretary determines are 
        appropriate.
    (e) Engagement.--In conducting the assessment and inventory under 
subsection (c), the Secretary shall conduct engagement with aquaculture 
stakeholders and the public as follows:
            (1) Public meetings and workshops.--The Secretary shall 
        conduct public meetings to inform interested aquaculture 
        stakeholders about the intent to include a site in the 
        inventory, share information about the process, and solicit 
        public feedback, including written comments. In addition to 
        public meetings, the Secretary may, consistent with the Federal 
        Advisory Committee Act (5 U.S.C. App.), convene workshops of 
        particular aquaculture stakeholders or aquaculture stakeholder 
        groups to provide insight, information, and comments to support 
        the assessment and inventory process.
            (2) Consultation with states, tribes, and territories.--The 
        Secretary shall consult with States, federally recognized 
        Indian Tribes, and territories adjacent to or within 100 miles 
        of a site under consideration for the inventory. Such States, 
        federally recognized Indian Tribes, and territories may submit 
        comments to the Secretary, and the Secretary shall consider 
        such comments in the assessment and inventory process.
    (f) Designation and Establishment of Aquaculture Opportunity 
Area.--
            (1) In general.--In order to designate and establish an 
        aquaculture opportunity area, the Secretary shall select a site 
        from the inventory prepared under subsection (c), and develop 
        an aquaculture management plan under section 201. In the event 
        that the Secretary determines the site is not viable during the 
        development of the aquaculture management plan, the Secretary 
        may abandon consideration of the site, and revise the inventory 
        accordingly.
            (2) State petition.--The Governor of any coastal State or 
        territory, or a Tribal government in a fisheries management 
        region under the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.), may submit a request 
        in writing to the Secretary to petition for locating an 
        aquaculture opportunity area, or a group of aquaculture 
        opportunity areas, in reasonable proximity to the location of 
        the requesting State, territory, or Tribal government. The 
        Secretary shall evaluate the petition and may designate an 
        aquaculture opportunity area or group of aquaculture 
        opportunity areas as provided in this section.
            (3) Initial and subsequent establishment of aquaculture 
        opportunity areas.--The Secretary shall initially establish at 
        least 2 aquaculture opportunity areas from the inventory 
        developed under subsection (b) not later than 1 year after the 
        date of enactment of this Act. Each year thereafter, the 
        Secretary shall establish not less than 1 additional 
        aquaculture opportunity area from the inventory until all sites 
        from the inventory have been considered.
            (4) Adjustment of existing aquaculture opportunity areas.--
        The Secretary may adjust the dimensions of an established 
        aquaculture opportunity area as necessary, while accounting for 
        impacts to operating aquaculture facilities, the state of 
        science, the cost-benefit ratio of the adjustment, and comments 
        from aquaculture stakeholders and the general public.
    (g) Demonstration Projects.--In order to test the viability of 
sustainable offshore aquaculture in a site listed on the inventory, the 
Secretary may support demonstration projects in an inventory site to 
assist in developing the required contents for an aquaculture 
management plan. Such demonstration projects shall be carried out in a 
manner that is consistent with the national standards in section 101. 
Demonstration projects may include multidisciplinary research to revive 
and adapt traditional aquaculture systems, such as open sea ponds, to 
support the needs of modern communities.
    (h) Study on Aquaculture Opportunity Areas in State Waters.--Not 
later than 18 months after the date of enactment of this Act, the 
Secretary shall conduct a study of the feasibility of allowing States 
to petition for aquaculture opportunity areas in their waters. The 
study shall include information and analysis on the benefits of 
aquaculture opportunity areas in State waters and identify barriers to 
implementation.
    (i) Regulations.--The Secretary may promulgate regulations 
governing the process for implementing this section.
    (j) Spatial Data.--To support the implementation of this section, 
the National Oceanic and Atmospheric Administration shall collect and 
curate spatial data relevant to aquaculture and make such data publicly 
available, unless otherwise restricted by law.

SEC. 103. AQUACULTURE OUTSIDE OF AN AQUACULTURE OPPORTUNITY AREA.

    (a) Definitions.--In this section--
            (1) the term ``site proponent'' means a nongovernmental 
        entity that assesses a site and develops an aquaculture 
        management plan for that site in accordance with subsection 
        (c); and
            (2) the term ``notice of intent'' means a written document 
        that communicates the site proponent's intention to develop an 
        offshore aquaculture site, and includes the location, type of 
        aquaculture, cultured species, and other information the 
        Secretary requires.
    (b) Aquaculture Outside of an Aquaculture Opportunity Area.--
Offshore aquaculture may be conducted outside of an aquaculture 
opportunity area only as provided in this section.
    (c) Process and Regulations.--
            (1) In general.--The Secretary shall develop a process and 
        promulgate regulations, consistent with this section, to allow 
        a site proponent to, at its own expense--
                    (A) assess sites smaller than an aquaculture 
                opportunity area for offshore aquaculture in an 
                exclusive economic zone;
                    (B) develop aquaculture management plans for those 
                sites;
                    (C) submit a notice of intent and application to 
                the Secretary requesting approval to conduct 
                aquaculture at the site; and
                    (D) apply for a permit under section 202.
            (2) Process.--The process developed by the Secretary shall 
        include--
                    (A) the process for submitting a notice of intent, 
                publishing the notice of intent, and soliciting 
                comments under subsection (d);
                    (B) the form of application to be used by the site 
                proponent;
                    (C) the required contents of the application, 
                including an analysis of the factors in section 102(d) 
                and the items in section 201(c);
                    (D) a process for submitting the comments received 
                under subsection (d), along with the disposition of 
                each; and
                    (E) a timeline for the Secretary's consideration 
                and action on the application, which may be either to 
                approve, deny, or request more information.
    (d) Notice of Intent.--
            (1) In general.--The Secretary shall require each site 
        proponent that is assessing a site under subsection (c)(1) to 
        submit a notice of intent before developing an aquaculture 
        management plan or submitting an application under this 
        section. The Secretary, acting through the National Oceanic and 
        Atmospheric Administration, shall--
                    (A) publish the notice of intent, together with 
                information on the process under subsection (c)(2);
                    (B) deliver the notice of intent, together with 
                information on the process under subsection (c)(2), 
                to--
                            (i) States and federally recognized Indian 
                        Tribes within 100 miles of the proposed site; 
                        and
                            (ii) any local governments within 10 miles 
                        of the proposed site;
                    (C) convene meetings with aquaculture stakeholders 
                and the public--
                            (i) to solicit public comment, including 
                        written comments, to be shared with the site 
                        proponent; and
                            (ii) including, at a minimum--
                                    (I) at least 1 public meeting for 
                                aquaculture stakeholders; and
                                    (II) meetings with State, local, 
                                and Tribal government representatives; 
                                and
                    (D) consult with interested Federal agencies.
            (2) Comments.--States, federally recognized Indian Tribes, 
        and local governments described in paragraph (1)(B) may submit 
        comments on the notice of intent to the Secretary, which shall 
        be shared with the site proponent.
    (e) Management Plan.--Each site proponent shall include all 
comments received under subsection (d) in the aquaculture management 
plan, along with a disposition of each.

                       TITLE II--CORE ACTIVITIES

SEC. 201. AQUACULTURE MANAGEMENT PLANS.

    (a) Development and Adoption.--In order to implement this Act, the 
Secretary shall develop and adopt for aquaculture opportunity areas 
established under section 102, or locations where multiple aquaculture 
opportunity areas may be suitable for establishment--
            (1) an aquaculture management plan; and
            (2) amendments to each such plan that are necessary from 
        time to time.
    (b) Overlapping Management Areas.--The Secretary may use a single 
aquaculture management plan for multiple aquaculture opportunity areas 
where such areas are within reasonable proximity to each other and 
sufficiently similar.
    (c) Engagement.--Prior to developing, adopting, or amending an 
aquaculture management plan under this section, the Secretary, acting 
through the National Oceanic and Atmospheric Administration, shall meet 
with aquaculture stakeholders and the public to solicit their comments, 
and consult with interested Federal agencies. Such comments shall be 
duly reported in an addendum to the aquaculture management plan, along 
with a disposition of each. At a minimum, meetings under this 
subsection shall include--
            (1) at least one public meeting for aquaculture 
        stakeholders; and
            (2) meetings with State, local, and Tribal government 
        representatives.
    (d) Required Contents.--An aquaculture management plan that is 
prepared by the Secretary under this title shall--
            (1) include information and analysis that the Secretary 
        determines is appropriate to establish common reference points 
        for conducting aquaculture in the aquaculture opportunity area;
            (2) specify parameters and guidance for conducting 
        aquaculture in the aquaculture opportunity area, based on the 
        information and analysis under paragraph (1), including--
                    (A) the geographic boundaries of the aquaculture 
                opportunity area;
                    (B) the number of sites that each aquaculture 
                opportunity area will support;
                    (C) the species allowed for aquaculture in the 
                aquaculture opportunity area;
                    (D) standards for the structural integrity of 
                aquaculture facilities to prevent the escape of 
                cultured species; and
                    (E) contingency plans that will be required, along 
                with standards for such plans, for events including--
                            (i) severe weather;
                            (ii) escape of cultured species;
                            (iii) situations affecting, or 
                        compromising, the health of cultured species; 
                        and
                            (iv) other contingencies the Secretary 
                        identifies;
            (3) describe how the Secretary will monitor aspects of 
        aquaculture in the aquaculture opportunity area in order to 
        support compliance with this Act, including--
                    (A) escape of cultured species;
                    (B) situations affecting, or compromising, the 
                health of cultured species;
                    (C) the economic and commercial productivity of the 
                aquaculture opportunity area; and
                    (D) other matters the Secretary identifies; and
            (4) prescribe such other measures, requirements, or 
        conditions and restrictions as are determined to be necessary 
        and appropriate for implementation of this Act.
    (e) Implementing Regulations.--The Secretary shall develop and 
adopt regulations determined to be necessary and appropriate to 
implement an aquaculture management plan or plan amendment developed 
under this section.
    (f) Periodic Review.--The Secretary shall periodically review plans 
developed under subsection (a) as needed, but not less often than once 
every 5 years, to determine whether changed circumstances, advances in 
science, or improved management practices warrant an amendment or 
update to the plan.

SEC. 202. OFFSHORE AQUACULTURE PERMITS.

    (a) In General.--After the Secretary promulgates final regulations 
under section 404(a), the Secretary may issue an offshore aquaculture 
permit if the Secretary determines that--
            (1) the proposed offshore aquaculture facility, type of 
        aquaculture operation, and cultured species are consistent with 
        the purposes in section 2 and the national standards for 
        sustainable offshore aquaculture in section 101;
            (2) the proposed offshore aquaculture facility, type of 
        aquaculture operation, and cultured species are consistent with 
        an established aquaculture management plan, or the permit 
        applicant has provided the Secretary with sufficient 
        information and analysis, such as would be included in an 
        established aquaculture management plan, to merit issuance, if 
        the permit is intended to be located outside of an aquaculture 
        opportunity area;
            (3) the applicant is able to comply with this Act and any 
        terms and conditions prescribed under section 404(a), is 
        financially responsible, and will operate the offshore 
        aquaculture facility using the best practicable technology and 
        maintain it in good working order; and
            (4) issuance of the offshore aquaculture permit is not 
        prohibited under section 407.
    (b) Authorized Activities.--An offshore aquaculture permit holder 
shall be authorized to conduct offshore aquaculture consistent with--
            (1) this Act, including regulations promulgated to carry 
        out this Act;
            (2) other applicable provisions of law, including 
        regulations; and
            (3) any terms or conditions imposed by the National Oceanic 
        and Atmospheric Administration.
    (c) Permit Procedure.--
            (1) Application.--An applicant for an offshore aquaculture 
        permit shall submit an application to the Secretary. The 
        application shall specify--
                    (A) the proposed location of the offshore 
                aquaculture facility and the location of on-shore 
                facilities used for propagation or rearing of cultured 
                species, such as hatcheries or research operations;
                    (B) the type of aquaculture operations that will be 
                conducted at all facilities described in subparagraph 
                (A);
                    (C) the cultured species, or a specified range of 
                species, to be propagated or reared, or both, at the 
                offshore aquaculture facility;
                    (D) the source of eggs, larvae, or juvenile 
                cultured species that will be used in aquaculture 
                operations, an analysis of the likely impacts on wild 
                populations and habitats, such as prevention of the 
                spread of pathogens, and the information upon which the 
                assessment was made;
                    (E) plans to respond to--
                            (i) a natural disaster;
                            (ii) an escapement;
                            (iii) disease; and
                            (iv) other circumstances designate by the 
                        Secretary; and
                    (F) such other design, construction, and 
                operational information as the Secretary may require to 
                ensure the integrity of the applicant's operations and 
                contingency planning.
            (2) Notice.--Whenever the National Oceanic and Atmospheric 
        Administration receives an offshore aquaculture permit 
        application, the Secretary shall--
                    (A) provide notice and a copy of the application to 
                the Governor of every State or territory adjacent to or 
                within 100 miles of the proposed site and to the 
                federally recognized Indian Tribes within those States; 
                and
                    (B) provide public notice and an opportunity for 
                public comment for a period of not less than 60 days 
                for each offshore aquaculture permit application.
            (3) Comments and consultation.--The Secretary shall take 
        any comments submitted by Governors and the public into 
        consideration, and shall consult with interested aquaculture 
        stakeholders as warranted before making a final decision on the 
        disposition of an offshore aquaculture permit application.
            (4) Deadlines for consideration of applications for 
        permits.--Not later than 30 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.
            (5) Issuance or deferral.--Not later than 90 days after the 
        period for public comments on a completed application has 
        concluded, the Secretary shall--
                    (A) issue the permit, if the application complies 
                with the provisions of this Act, including the national 
                standards for sustainable offshore aquaculture in 
                section 101, requirements under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), and other applicable law;
                    (B) defer the decision on the permit, if the 
                Secretary determines that the application can be 
                improved to meet the requirements of paragraph (1), and 
                provide to the applicant a notice that specifies any 
                steps that the applicant could take for the permit to 
                be issued; or
                    (C) deny the permit, providing a justification for 
                the Secretary's determination that the application does 
                not meet the requirements of paragraph (1), or any 
                other applicable law, and that these issues cannot be 
                remediated.
            (6) Extension of review.--The Secretary may extend the 
        review period for an additional 90 days if the Secretary 
        determines that further time is needed to analyze the 
        application. The Secretary may further extend the review period 
        beyond the extension provided in the preceding sentence if the 
        Secretary determines that the Department of Commerce needs more 
        time to comply with applicable Federal law, provided that the 
        Secretary's determination states the specific actions the 
        Department must undertake, together with deadlines for 
        completing such actions.
    (d) Permit Requirements.--
            (1) In general.--An offshore aquaculture permit holder 
        shall be--
                    (A) a citizen or permanent resident of the United 
                States; or
                    (B) a corporation, partnership, or other entity 
                that--
                            (i) is organized and existing under the 
                        laws of the United States or a U.S. State; and
                            (ii) is not owned by a foreign nation or 
                        majority-controlled by a foreign nation.
            (2) Terms and conditions.--Subject to subsection (n), the 
        Secretary shall--
                    (A) prescribe the terms and conditions that apply 
                to each offshore aquaculture permit to achieve the 
                national standards for sustainable offshore aquaculture 
                in section 101, and an applicable aquaculture 
                management plan and implementing regulations developed 
                under section 201; and
                    (B) specify in each offshore aquaculture permit the 
                duration, size, and location of the offshore 
                aquaculture facility.
            (3) Statutes and regulations.--Offshore aquaculture permits 
        are subject to this Act, regulations promulgated pursuant 
        thereto, and other statutes and regulations in existence upon 
        the effective date of the permit. When promulgating 
        regulations, the Secretary shall indicate whether and to what 
        extent the regulations apply to existing offshore aquaculture 
        permits.
    (e) Duration.--
            (1) In general.--Except as provided in paragraph (2), an 
        offshore aquaculture permit shall have an initial 15-year 
        duration, and may be renewed subject to the terms of this Act.
            (2) Exceptions.--
                    (A) Aquaculture opportunity areas.--A permit issued 
                for offshore aquaculture to be conducted in an 
                aquaculture opportunity area as provided in section 102 
                shall have an initial 25-year duration.
                    (B) Outer continental shelf.--The Secretary shall 
                develop the duration of an offshore aquaculture permit 
                subject to subsection (o)(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) Transfer.--A permit may be transferred as provided under this 
subsection, provided that the permit is still valid, and has not been 
amended due to emergency circumstances. To propose a transfer, a 
permittee shall submit an application to the Secretary, and the 
Secretary shall review and make a determination of whether to approve, 
deny, or request additional information not later than 60 days after 
the date of receipt of the application. The application shall include--
            (1) notice to the Secretary of the intention to transfer;
            (2) the reason for the transfer;
            (3) the identity of the transferee, and whether the 
        transferee holds, has held, or is applying for a permit under 
        this Act;
            (4) the transferee's assumption of responsibility, 
        coverage, and liability for activities performed under the 
        permit, as of the effective date of the transfer; and
            (5) any additional information requested by the Secretary.
    (g) Renewal.--The Secretary may renew an offshore aquaculture 
permit that has not been revoked for an additional 15-year period, as 
provided in subsection (e), before the end of the original permit's 
duration, if--
            (1) the permit or amended permit complies with existing 
        requirements;
            (2) the permit holder has not been subject to sanctions 
        under section 408 or committed a prohibited act under such 
        section;
            (3) the permit has not been modified because of emergency 
        considerations; and
            (4) notice under subsection (c)(2) has been given.
    (h) Revocation.--The Secretary may, pursuant to regulations issued 
under this Act, revoke an offshore aquaculture permit, if--
            (1) the permit holder commits a prohibited act under 
        section 407;
            (2) the permit holder fails to begin offshore aquaculture 
        operations within 2 years from the date the required Federal 
        permits are obtained; or
            (3) there is an interruption of offshore aquaculture 
        operations of at least 2 years in duration that is unrelated to 
        best management practices.
    (i) Expiration or Revocation.--Not later than 1 year after the 
expiration or revocation of an offshore aquaculture permit, a permit 
holder shall--
            (1) remove all structures, gear, and other property from 
        the offshore aquaculture facility site; and
            (2) take such other measures to restore the site, as the 
        Secretary considers necessary.
    (j) 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, 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.
    (k) Fees.--
            (1) Establishment.--
                    (A) In general.--The Secretary may establish, by 
                regulation, application fees and annual offshore 
                aquaculture permit fees under this section.
                    (B) Deposit and collection.--The fees described in 
                subparagraph (A) shall be deposited as offsetting 
                collections in the operations, research, and facilities 
                account of the National Oceanic and Atmospheric 
                Administration. Fees may be collected and made 
                available to the extent provided in advance in 
                appropriation Acts.
                    (C) Setting of fees.--The fees described in 
                subparagraph (A) 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, annual 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 offshore 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 revocation of an offshore 
                aquaculture permit; or
                    (C) the cost of site remediation for impacts 
                arising from authorized activities.
    (l) Magnuson-Stevens Fishery Conservation and Management Act.--
Beginning on the effective date of the final regulations promulgated 
under section 404, the conduct of offshore aquaculture that is in 
accordance with an offshore aquaculture permit issued under this 
section shall not be considered fishing for purposes of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), but shall be considered a fishery under section 3 of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1362).
    (m) Compatibility With Other Uses.--Each Federal agency 
implementing this section, person subject to this section, and coastal 
State seeking to review a permit application under this section shall 
comply with the applicable provisions of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.), including regulations promulgated 
to carry out such Act.
    (n) Statutory Construction.--An offshore aquaculture permit issued 
under this section shall not supersede or substitute for any other 
authorization required under Federal or State laws.
    (o) 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 each agreement between a prospective offshore 
        aquaculture operator and a lessee. The Secretary of the 
        Interior shall approve such agreement if it is consistent with 
        the Federal lease terms, the 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 
                paragraph (4); and
                    (B) not be subject to a separate Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1451 et seq.) review.
            (4) Coordinated coastal zone management act review.--
                    (A) State review.--
                            (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) Definitions.--In this paragraph:
                            (i) Lessee's approved plan.--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.
                            (ii) Offshore aquaculture permit 
                        applicant.--The term ``offshore aquaculture 
                        permit applicant'' means an applicant for an 
                        offshore aquaculture permit under this section 
                        that--
                                    (I) will locate the proposed 
                                facility in an area that would require 
                                consent from the lessee as described in 
                                paragraph (2); and
                                    (II) is required to submit a 
                                consistency certification for its 
                                offshore aquaculture application under 
                                section 307(c)(3)(A) of the Coastal 
                                Zone Management Act of 1972 (16 U.S.C. 
                                1456(c)(3)(A)) to the coastal State.
                            (iii) Offshore aquaculture permit 
                        application.--The term ``offshore aquaculture 
                        permit application'' means an application for 
                        an offshore aquaculture permit under this 
                        section that will locate the proposed facility 
                        in an area that would require consent from the 
                        lessee as described in paragraph (2).
            (5) Joint and several liability.--For offshore aquaculture 
        located on a facility described under this subsection, a permit 
        holder and each party that is or was a lessee of the lease on 
        which the facility is located during the term of the offshore 
        aquaculture permit shall be jointly and severally liable for 
        the removal of any construction or modification related to the 
        offshore aquaculture operations if a bond or other form of 
        financial guarantee under subsection (j)(3) for aquaculture 
        operations is insufficient to cover those obligations. This 
        paragraph shall not affect any obligation to decommission the 
        facility under the Outer Continental Shelf Lands Act (43 U.S.C. 
        1331 et seq.).
            (6) 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;
                            (iv) require and enforce any additional 
                        terms or conditions that the Secretary of the 
                        Interior considers necessary--
                                    (I) to protect the marine 
                                environment, property, or human life or 
                                health; and
                                    (II) to ensure the compatibility of 
                                aquaculture operations with activities 
                                for which permits were issued under the 
                                Outer Continental Shelf Lands Act (43 
                                U.S.C. 1331 et seq.); and
                            (v) 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.).
    (p) 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, including animal health 
                and disease risk assessments.
            (2) Contingency plans.--As part of an application for a 
        permit for offshore aquaculture or as part of an aquaculture 
        management plan established in section 201, the Secretary of 
        Agriculture may approve contingency plans, along with standards 
        for such plans, for events relating to situations affecting the 
        health of cultured species.
            (3) 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; 
                and
                    (C) has a valid veterinarian client-patient 
                relationship with the facility in which the individual 
                is practicing veterinary medicine.
    (q) 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. 203. RESEARCH AND DEVELOPMENT GRANT PROGRAM.

    (a) In General.--The Secretary shall establish, in consultation 
with applicable Federal agencies, coastal States, federally recognized 
Indian Tribes, Regional Fishery Management Councils, academic 
institutions, and interested aquaculture stakeholders, a research and 
development grant program to further the purposes of this Act. In 
carrying out this subsection, the Secretary shall consider using 
existing programs that leverage State and local partnerships and take 
advantage of the extramural research community, including the National 
Sea Grant College Program under the National Sea Grant College Program 
Act (33 U.S.C. 1121 et seq.).
    (b) Components.--The research and development grant program 
described in subsection (a) shall include research conducted internally 
by the National Oceanic and Atmospheric Administration, and through the 
award of competitive, peer-reviewed grants to fund research and 
extension services--
            (1) to create innovative design and engineering solutions 
        to common obstacles within the offshore aquaculture industry;
            (2) to enable the transition of innovative aquaculture 
        technologies, including technologies focused on the 
        commercialization of high-value marine species, from controlled 
        studies to commercial use;
            (3) to evaluate the role of genetics in relation to the 
        development of improved lines of brood stock, disease 
        resistance, and interactions between cultured species and wild 
        stocks;
            (4) to advance research into the management, mitigation, 
        and prevention of cultured species diseases;
            (5) to develop cost-effective feeds to optimize the 
        sustainable use of protein and lipid sources originating from 
        wild fish, plants, and other sources, maximize growth and 
        production performance of cultured species, prevent the spread 
        of pathogens and parasites, and maintain the human health 
        benefits of cultured seafood;
            (6) to improve techniques for monitoring, assessing, and 
        addressing environmental impacts of offshore aquaculture and 
        develop and evaluate methodologies to prevent, minimize, and 
        mitigate potential adverse environmental impacts;
            (7) to evaluate the potential for offshore aquaculture to 
        serve as a tool for environmental management, including 
        connections to water quality, watershed management, and fishery 
        conservation and management;
            (8) to evaluate the potential impact of offshore 
        aquaculture on the economies of coastal communities, 
        particularly those dependent on traditional fishery resources;
            (9) to identify barriers to entry in the offshore 
        aquaculture industry and propose solutions to overcome them;
            (10) to study the traditional aquaculture methods and 
        practices of Native Americans, Alaska Natives, and Native 
        Hawaiians to evaluate economic, environmental, and sociological 
        impacts;
            (11) to investigate other priority issues identified by the 
        Secretary; and
            (12) to evaluate economic aspects of offshore aquaculture, 
        including production costs and market development.
    (c) Coordination With Other Federal Programs.--The Secretary 
shall--
            (1) coordinate aquaculture research and development 
        intramural programs and grants within the Department of 
        Commerce and with other Federal intramural and extramural 
        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. 204. ECONOMIC SOUNDNESS.

    (a) In General.--Section 53708 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(f) Aquaculture.--In making the findings under subsections (a) 
and (b), the Administrator and the Secretary may take into account 
factors such as--
            ``(1) the transferability of an aquaculture permit;
            ``(2) an assessment of the shore-side seafood economy where 
        the borrower will be operating; and
            ``(3) the existence of a formal technical assistance 
        program administered by a governmental agency.''.

                         TITLE III--REFINEMENTS

SEC. 301. RECORDKEEPING, INSPECTIONS, 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 an offshore aquaculture permit holder 
        is required to establish and maintain;
            (2) the reports that an offshore aquaculture permit holder 
        is required to make;
            (3) the information that an offshore aquaculture permit 
        holder is required to provide, which shall at a minimum 
        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;
                    (C) a copy of any required incident or annual 
                report required under a permit necessary for 
                aquaculture operations under other Federal law; and
                    (D) other information, as the Secretary may 
                require; and
            (4) any other recordkeeping that an offshore aquaculture 
        permit holder is required to satisfy, as necessary to carry out 
        this Act.
    (b) Regulatory Consistency.--The regulations under subsection (a) 
may not amend, contradict, or duplicate regulations under any other 
Federal law.
    (c) Recordkeeping.--An offshore aquaculture permit holder shall--
            (1) comply with the recordkeeping regulations under 
        subsection (a); and
            (2) submit such reports, and make such records and 
        information available as the Secretary may request.
    (d) Inspections.--
            (1) Frequency.--The Secretary shall conduct an annual 
        inspection of offshore aquaculture facilities.
            (2) Notice.--The Secretary shall provide reasonable notice 
        prior to site inspections at offshore aquaculture facilities 
        pursuant to paragraph (1). The Secretary shall take into 
        consideration biosecurity concerns and work with the permit 
        holder to ensure best inspection practices to ensure safety and 
        protect cultured species.
            (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 this section for 
        offshore aquaculture facilities located on the outer 
        continental shelf.
    (e) Government Access.--Any Federal Government official 
representing an agency with authority for implementing and enforcing 
Federal law applicable to offshore aquaculture shall have reasonable 
access to an offshore aquaculture facility for which a permit is issued 
under this Act for the purpose of enforcing the Federal law under the 
official's jurisdiction or otherwise carrying out the official's 
responsibilities. Such an official, relative to their jurisdictional 
authority, may inspect, at reasonable times, appropriate records, 
files, papers, permits, processes, controls, and the offshore 
aquaculture facility and may test any feature of the offshore 
aquaculture facility, provided testing does not risk incurring damage 
or potentially compromise the structural integrity of the facility or 
the health of cultured species. Each inspection shall be conducted with 
reasonable promptness. The permit holder shall receive timely 
notification, in writing, of the results of the inspection.
    (f) Public Access.--The Secretary shall make reports and other 
information received under this Act available to the public unless the 
Secretary determines it is necessary to withhold disclosure to protect 
confidential business information or sensitive personal information. 
The Secretary shall establish procedures to protect confidential 
business information and sensitive personal information from being 
disclosed.

SEC. 302. MARINE FEED STANDARDS.

    (a) Relation to Current Law.--Nothing in this Act shall be 
construed in derogation of applicable law regarding the production of 
animal feed, and offshore aquaculture operations shall comply with all 
applicable law (including regulations).
    (b) Requirements for Fisheries-Derived Marine Feed Ingredients.--
The Secretary shall require that fish meal, or any fisheries-derived 
marine feed ingredients (both first-use and trimmings), used at 
offshore aquaculture facilities in the exclusive economic zone--
            (1) are sourced from a sustainably managed fishery for 
        aquaculture feed;
            (2) employ traceability sufficient to credibly demonstrate 
        the ingredients were sourced from a sustainably managed fishery 
        for aquaculture feed;
            (3) are harvested and produced without convict, forced, or 
        indentured labor; and
            (4) are delivered to the cultured species as part of a 
        formulated feed.
    (c) Study on Best Practices for Marine Feed.--Not later than 2 
years after the date of enactment of the Advancing the Quality and 
Understanding of American Aquaculture Act, the Secretaries of Commerce 
and Agriculture, through the coordinating group, shall conduct a study 
of the best management practices related to sustainable, economic feed 
for the United States marine aquaculture industry. The study shall--
            (1) recommend best practices for sourcing fish meal from 
        sustainably managed fisheries for aquaculture feed;
            (2) recommend best practices to provide traceability on the 
        source of fish meal ingredients;
            (3) recommend best practices for sourcing formulated feed 
        ingredients from domestic sources; and
            (4) recommend best practices for harvesting and producing 
        fish meal so that it can be known that it is harvested and 
        produced without convict, forced, or indentured labor.
    (d) Report.--Upon completion of the study under subsection (c), the 
Secretaries of Commerce and Agriculture shall prepare and submit a 
report containing the recommendations described in subsection (c) to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Natural Resources of the House of Representatives.

SEC. 303. MARINE USE RIGHTS.

    The permit established under section 202 shall be considered a 
marine use right, offering security of tenure for purpose of obtaining 
investment, transferring permit to other authorized users, and allowing 
for operations.

                  TITLE IV--ADMINISTRATIVE PROVISIONS

SEC. 401. OFFICE OF AQUACULTURE.

    (a) Office of Aquaculture.--The Secretary shall establish and 
provide resources for--
            (1) an Office of Aquaculture within the National Marine 
        Fisheries Service at the National Oceanic and Atmospheric 
        Administration headquarters to implement this title; and
            (2) an Office of Aquaculture presence in each of the 
        regional fisheries offices of the National Oceanic and 
        Atmospheric Administration, which presence shall, at a minimum, 
        be sufficient to fulfill the duties under subsection (b), but 
        may be increased to the extent warranted by the activity and 
        interest of aquaculture stakeholders in the region.
    (b) Office of Aquaculture Duties.--The Office of Aquaculture 
shall--
            (1) ensure the implementation of this Act;
            (2) coordinate regulatory, scientific, outreach, and 
        international issues related to aquaculture within the National 
        Oceanic and Atmospheric Administration;
            (3) collaborate with and leverage existing efforts by the 
        National Sea Grant College program to--
                    (A) conduct aquaculture outreach, education, 
                extension services, and training efforts; and
                    (B) engage with aquaculture stakeholders and, from 
                time to time, convene conferences for aquaculture 
                stakeholders to exchange information and ideas; and
            (4) maintain aquaculture capacity in each of the regional 
        fisheries offices of the National Oceanic and Atmospheric 
        Administration, including at least one Regional Aquaculture 
        Coordinator in each such office.
    (c) Aquaculture Research Program and Duties.--In addition to the 
resources required under subsection (a), the Secretary shall establish 
and provide additional resources for an aquaculture research program 
that draws upon the scientific capacity of National Oceanic and 
Atmospheric Administration programs such as the Fisheries Science 
Centers, Sea Grant, and the National Centers for Coastal and Ocean 
Science to support the Office of Aquaculture's efforts to implement 
this title. Specifically, the program shall--
            (1) ensure that offshore aquaculture operations permitted 
        under this title are scientifically monitored to support the 
        implementation of this Act, evaluate data, and conduct 
        additional research to support the development of sustainable 
        offshore aquaculture in accordance with this title; and
            (2) administer the research and development grant program 
        under section 203.
    (d) Aquaculture Subcommittee.--The Marine Fisheries Advisory 
Committee shall designate the Aquaculture Subcommittee as a permanent, 
standing subcommittee to serve as an external board to advise the 
Secretary on offshore aquaculture. The Aquaculture Subcommittee shall 
coordinate with the National Sea Grant Advisory Board, as appropriate.
    (e) Budget Presentation.--The National Oceanic and Atmospheric 
Administration shall transmit its budget request for the Office of 
Aquaculture as a separate line with the National Marine Fisheries 
Service.

SEC. 402. SUPPORT FOR INDUSTRY.

    (a) In General.--The Secretary shall support the development of 
sustainable marine aquaculture, consistent with this Act and other 
applicable Federal law.
    (b) Marketing and Promotion Grants.--The Secretary shall, in 
consultation with industry, establish and administer a grant program to 
support the sale and public perception of cultured species domestically 
and internationally.
    (c) Workforce Development.--The Secretary shall, in consultation 
with industry, academic institutions, and the National Sea Grant 
College Program, develop and manage a grant program to support the 
education and training of individuals with the skills needed to manage 
and operate aquaculture facilities.
    (d) Regional Networks.--The Secretary shall organize through each 
regional fisheries office of the National Oceanic and Atmospheric 
Administration a network of--
            (1) regional experts and Federal agency contacts, in 
        coordination with relevant organizations (including the 
        National Sea Grant College Program under the National Sea Grant 
        College Program Act (33 U.S.C. 1121 et seq.), the Department of 
        Agriculture Regional Aquaculture Centers, institutions of 
        higher education, and the Cooperative Extension System of the 
        Department of Agriculture) to provide technical expertise and 
        extension services on offshore aquaculture and information on 
        Federal permit requirements; and
            (2) individuals and businesses interested in aquaculture 
        operations and products to facilitate professional development, 
        marketing, mentoring opportunities, and agency outreach and 
        education on aquaculture.
    (e) Aquaculture Database.--The Secretary shall establish and 
maintain within the Office of Aquaculture an aquaculture database. The 
aquaculture database shall include information on research, 
technologies, monitoring techniques, best practices, and advisory board 
recommendations. The Secretary shall make the aquaculture database 
available in a manner that safeguards confidential business 
information. The inclusion of information in the database under this 
subsection shall not be considered to be publication for purposes of 
subsection (a) or (b) of section 102 of title 35, United States Code.
    (f) Technical Assistance for Operators.--The Secretary shall 
organize through the Office of Aquaculture and the Regional Aquaculture 
Coordinators, a program to provide technical assistance to operators in 
each regional fisheries office of the National Oceanic and Atmospheric 
Administration. The programs shall be tailored to meet the unique needs 
of each region, but shall conduct individual consultations with each 
operator in the region on a regular basis to assess the status of the 
operator's business, and if appropriate, identify available resources 
to support the operator, such as regional experts, university extension 
agents, and grant opportunities.
    (g) Capital Markets.--
            (1) Outreach to financial institutions.--In order to 
        enhance access to capital markets, the Secretary shall provide 
        financial institutions and investment firms with objective, 
        science-based information on offshore aquaculture and the 
        Federal regulatory regime that governs it.
            (2) Economic analysis.--In addition, the Secretary shall 
        provide economic analysis to answer queries regarding the value 
        of offshore aquaculture assets to secure financing, such as 
        equipment, governmental permits, inventory, and intellectual 
        property.
            (3) Collaboration.--In order to achieve the goals of this 
        subsection, the Secretary is encouraged to collaborate with the 
        Secretary of Agriculture, the Secretary of the Treasury, and 
        the regional networks established under subsection (d).

SEC. 403. OUTREACH AND EDUCATION.

    The Secretary shall conduct outreach on sustainable offshore 
aquaculture to promote understanding, science-based decision making, 
and commercial adoption. The Secretary shall use appropriate means to 
engage--
            (1) the general public;
            (2) community leaders;
            (3) governmental officials;
            (4) the business community;
            (5) the academic community; and
            (6) the nonprofit sector.

SEC. 404. ADMINISTRATION.

    (a) Regulations.--The Secretary--
            (1) shall initiate a rulemaking process, not later than 1 
        year after the date of enactment of this Act, after consulting 
        with relevant Federal agencies, coastal States, federally 
        recognized Indian Tribes within the meaning of such term in 
        Executive Order 13175 (65 Fed. Reg. 67249), the Commonwealth of 
        Puerto Rico, American Samoa, the United States Virgin Islands, 
        Guam, the Commonwealth of the Northern Mariana Islands, 
        Regional Fishery Management Councils as established under 
        section 302 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1852), and interstate fisheries 
        commissions to implement this Act, including--
                    (A) procedures to issue, modify, deny, revoke, or 
                suspend an offshore aquaculture permit in accordance 
                with this Act;
                    (B) procedures to coordinate the offshore 
                aquaculture permitting process, with similar or 
                complementary activities administered by other Federal 
                agencies, federally recognized Indian Tribes, and 
                coastal States;
                    (C) procedures to monitor and evaluate permit 
                compliance to verify and confirm compliance with the 
                requirements of this Act;
                    (D) procedures to transfer an offshore aquaculture 
                permit from an original permit holder to a person that 
                meets the requirements under section 202;
                    (E) procedures to minimize conflicts with existing 
                uses in the exclusive economic zone;
                    (F) procedures to consider public-private 
                partnerships; and
                    (G) standards for determining what types of feed 
                may be employed in an offshore aquaculture facility in 
                accordance with the requirements of section 302;
            (2) shall promulgate such additional regulations as are 
        necessary and appropriate to carry out this Act; and
            (3) may amend a regulation at any time.
    (b) 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.
    (c) Use of Contributed Governmental Resources.--For enforcement 
under this Act, the Secretary may use, with consent and with or without 
reimbursement, and consistent with applicable law, the land, services, 
equipment, personnel, and facilities of--
            (1) any department, agency, or instrumentality of the 
        United States;
            (2) any State, local government, Tribal government, 
        territory, or possession (or any political subdivision 
        thereof);
            (3) any foreign government; or
            (4) an international organization.
    (d) Authority To Use Grant Funds.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary may apply for, accept, and obligate research 
        grant funding from any Federal source operating a competitive 
        grant program if the funding furthers the purposes of this Act.
            (2) Exception.--The Secretary may not apply for, accept, or 
        obligate any research grant funding under paragraph (1) if the 
        granting agency lacks authority to grant funds to Federal 
        agencies or for any purpose, or subject to any condition, that 
        is prohibited by law or regulation.
            (3) Matching grant funds.--Appropriated funds may be used 
        to satisfy a requirement to match grant funds with recipient 
        agency funds, except that no grant may be accepted that 
        requires a commitment in advance of appropriations.
            (4) Accounts.--Funds received from a grant shall be 
        deposited in the National Oceanic and Atmospheric 
        Administration account that serves to accomplish the purpose 
        for which the grant was awarded.
    (e) Reservation of Authority.--Nothing in this Act shall be 
construed to displace, supersede, or limit the jurisdiction, 
responsibilities, or rights of any Federal or State agency, or Indian 
Tribe or Alaska Native organization, under any Federal law or treaty.

SEC. 405. REPORT AND PERMIT TERMS.

    (a) Report.--Not later than 5 years after the date of enactment of 
this Act, the Secretary shall issue a report to the Chairman and 
Ranking Member of the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Natural Resources of 
the House of Representatives regarding implementation of this Act. The 
report shall include--
            (1) the number of offshore aquaculture permits applied for, 
        granted, denied, and retired, together with a brief description 
        of the circumstances of each;
            (2) any and all enforcement actions undertaken, and the 
        disposition of each;
            (3) the number of aquaculture opportunity areas established 
        under section 102, together with a brief description of the 
        circumstances of each;
            (4) results from any grants awarded under this Act;
            (5) the Secretary's assessment of the state of offshore 
        aquaculture in the United States;
            (6) the Secretary's assessment of United States offshore 
        aquaculture in comparison to offshore aquaculture in other 
        nations; and
            (7) the Secretary's recommendations to improve United 
        States offshore aquaculture.
    (b) Determination Regarding Permits.--In addition to the 
requirements of subsection (a), the Secretary may make the following 
determinations regarding permit terms for offshore aquaculture:
            (1) The effect of shortening or lengthening permit terms on 
        the risk of harm to the environment.
            (2) The effect of shortening or lengthening permit terms on 
        industry's access to capital markets.
            (3) Whether a change to the permit terms established in 
        this Act is warranted.

SEC. 406. FEDERAL COORDINATION.

    (a) Relation to Current Law.--Nothing in this section shall be 
construed in derogation of law in effect on the date of enactment of 
this Act that is applicable to offshore aquaculture operations, and the 
unified permitting and review process established under this section 
shall not affect the timelines or standards established under other 
laws.
    (b) Coordination.--Subject to subsection (a), the Secretary of 
Commerce shall coordinate with the Department of the Interior, the 
Department of Agriculture, the Environmental Protection Agency, the 
Army Corps of Engineers, the Food and Drug Administration, and the 
department in which the U.S. Coast Guard is operating to simplify the 
Federal permitting process for offshore aquaculture. The Secretaries of 
the Interior, Agriculture, Health and Human Services, and the 
department in which the U.S. Coast Guard is operating, the 
Administrator of the Environmental Protection Agency, and the Chief of 
Engineers shall cooperate with the Secretary of Commerce to implement 
this section.
    (c) Unified Permitting and Review Process.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretaries of Commerce, Interior, 
        Agriculture, Health and Human Services, and the department in 
        which the U.S. Coast Guard is operating, the Administrator of 
        the Environmental Protection Agency, and the Chief of Engineers 
        shall, through the Secretary of Commerce, initiate, subject to 
        the requirements of subsection (a), a rulemaking for all 
        permits administered by such agency heads relating to offshore 
        aquaculture for a unified process, public notice, and public 
        comment for--
                    (A) initial issuance of permits;
                    (B) renewal of permits; and
                    (C) transfer of permits.
            (2) Outreach.--The Secretary of Commerce, through the 
        National Oceanic and Atmospheric Administration, shall serve as 
        the lead Federal agency for purposes of providing information 
        on Federal permitting requirements for aquaculture in Federal 
        waters.
            (3) Informal review and compatibility analysis.--The 
        Secretary of Commerce, acting through the National Oceanic and 
        Atmospheric Administration, shall convene representatives of 
        the Department of the Interior, the Department of Agriculture, 
        the Environmental Protection Agency, the Army Corps of 
        Engineers, and the Department in which the U.S. Coast Guard is 
        operating to provide prospective permit applicants an 
        opportunity for informal consultation with Federal agencies. 
        The Secretary of Commerce may invite representatives from other 
        Federal agencies as necessary or advisable. Nothing in this 
        subsection shall preclude an applicant or a prospective 
        applicant from contacting Federal agencies directly.
            (4) Environmental analysis.--To the extent allowable under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.), any environmental analysis or environmental impact 
        statement required under such Act for offshore aquaculture 
        activities shall be conducted through a single, consolidated 
        environmental review and the National Oceanic and Atmospheric 
        Administration, through the Office of Aquaculture and 
        associated divisions, shall serve as the lead Federal agency.
            (5) Coordination of permit reviews.--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 
        their review processes in order to provide a timely response to 
        applicants.

SEC. 407. 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 section 408) to 
        access an offshore aquaculture facility, associated onshore 
        facility, vessel, or other conveyance, subject to such person's 
        control, for purposes of conducting any search or inspection in 
        connection with the enforcement of this Act;
            (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 section;
            (5) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        cultured species produced, taken, retained, or possessed in 
        violation of this Act;
            (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 section;
            (7) to make or 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;
            (8) to make any false statement or provide any false 
        information on, or in connection with, an application, 
        declaration, record, or report; or
            (9) without authorization, to remove, damage, or tamper 
        with or attempt 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.

SEC. 408. ENFORCEMENT.

    (a) Responsibility.--The provisions of this Act shall be enforced 
by the Secretary and the Secretary of the department in which the Coast 
Guard is operating. In enforcing this Act, such Secretaries may by 
agreement utilize, on a reimbursable or non-reimbursable basis, the 
personnel, services, equipment (including aircraft and vessels), and 
facilities of any other Federal agency, including all elements of the 
Department of Defense, or of any State agency. Such Secretaries shall, 
and the head of any Federal or State agency that has entered into an 
agreement with either such Secretary under this section may (if the 
agreement so provides), authorize officers to enforce the provisions of 
this Act or any regulation promulgated under this Act.
    (b) Powers of Authorized Officers.--Any officer who is authorized 
under subsection (a) to enforce the provisions of this Act may, with or 
without a warrant or other process, as authorized by law--
            (1) arrest any person, if the officer has reasonable cause 
        to believe that such person has committed an act prohibited by 
        section 407;
            (2) board, search or inspect, any offshore aquaculture 
        facility, associated onshore facility, vessel, or other 
        conveyance (including its gear, furniture, appurtenances, 
        stores, records, and cargo) which is subject to the provisions 
        of this Act;
            (3) seize any vessel, or other conveyance (together with 
        its gear, furniture, appurtenances, stores, records, and cargo) 
        used or employed in, or with respect to which it reasonably 
        appears that such vessel was used or employed in, the violation 
        of any provision of this Act;
            (4) seize any cultured species or seafood product (wherever 
        found) taken, produced, imported, exported, transported, sold, 
        received, acquired, or purchased in any manner, in connection 
        with or as a result of the violation of any provision of this 
        Act;
            (5) seize any evidence related to any violation of any 
        provision of this Act;
            (6) detain any cultured species or seafood product to 
        determine compliance with this Act;
            (7) search and seize, in accordance with any guidelines 
        which may be issued by the Attorney General;
            (8) access, directly or indirectly, for enforcement 
        purposes any data or information required to be provided or 
        reported under this Act or regulations promulgated under this 
        Act, including data from vessel or facility monitoring systems, 
        automatic identification systems, long-range identification and 
        tracking systems, or any similar system;
            (9) execute and serve any subpoena, arrest warrant, search 
        warrant issued in accordance with Rule 41 of the Federal Rules 
        of Criminal Procedure, or other warrant or civil or criminal 
        process issued by any officer or court of competent 
        jurisdiction; and
            (10) exercise any other lawful authority.
    (c) Issuance of Citations.--If any authorized officer finds that a 
person, offshore aquaculture facility, associated onshore facility, 
vessel, or other conveyance is engaging or has been engaged in the 
violation of any provision of this Act, such officer may issue a 
citation to the owner or operator of such vessel in lieu of proceeding 
under subsection (f), (g), or (h). If a permit has been issued pursuant 
to this Act for such facility or conveyance, such officer shall note 
the issuance of any citation under this subsection, including the date 
thereof and the reason therefor, on the permit. The Secretary shall 
maintain a record of all citations issued pursuant to this subsection.
    (d) Subpoenas.--For the purposes of conducting any investigation or 
hearing under this Act, or any other marine resource law enforced by 
the Secretary, the Secretary may issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant papers, 
photographs, records, books, and documents in any form, including those 
in electronic, optical or magnetic form, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage that are 
paid to witnesses in the courts of the United States. In case of 
contempt or refusal to obey a subpoena served upon any person pursuant 
to this subsection, the district court of the United States for any 
district in which such person is found, resides, or transacts business, 
upon application by the United States and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and give testimony before the Secretary or to appear and produce 
documents before the Secretary, or both, and any failure to obey such 
order of the court may be punished by such court as a contempt thereof.
    (e) District Court Jurisdiction.--The several district courts of 
the United States shall have jurisdiction over any actions arising 
under this Act. For purposes of this section, for Hawaii or any 
possession of the United States in the Pacific Ocean, the appropriate 
court is the United States District Court for the District of Hawaii, 
except that in the case of Guam and Wake Island, the appropriate court 
is the United States District Court for the District of Guam, and in 
the case of the Northern Mariana Islands, the appropriate court is the 
United States District Court for the District of the Northern Mariana 
Islands. Each violation shall be a separate offense and the offense 
shall be deemed to have been committed not only in the district where 
the violation first occurred, but also in any other district as 
authorized by law. Any offenses not committed in any district are 
subject to the venue provisions of section 3238 of title 18, United 
States Code.
    (f) Civil Enforcement.--
            (1) Civil administrative penalties.--
                    (A) In general.--Any person who is found by the 
                Secretary, after notice and opportunity for a hearing 
                in accordance with section 554 of title 5, United 
                States Code, to have committed an act prohibited by 
                section 407 shall be liable to the United States for a 
                civil penalty. The amount of the civil penalty shall 
                not exceed $37,500 for each violation. Each day of a 
                continuing violation shall constitute a separate 
                offense. The amount of such civil penalty shall be 
                assessed by the Secretary, by written notice. In 
                determining the amount of such penalty, the Secretary 
                shall take into account the nature, circumstances, 
                extent, and gravity of the prohibited acts committed 
                and, with respect to the violator, the degree of 
                culpability, any history of prior offenses, and such 
                other matters as justice may require. In assessing such 
                penalty the Secretary may also consider any information 
                provided by the violator relating to the ability of the 
                violator to pay, provided that the information is 
                served on the Secretary at least 30 days prior to an 
                administrative hearing.
                    (B) Compromise or other action by secretary.--The 
                Secretary may compromise, modify, or remit, with or 
                without conditions, any civil administrative penalty 
                which is or may be imposed under this subsection and 
                that has not been referred to the Attorney General for 
                further enforcement action.
            (2) In rem jurisdiction.--An offshore aquaculture facility, 
        associated onshore facility, vessel, or other conveyance 
        (including its gear, furniture, appurtenances, stores, records, 
        and cargo) used in the commission of an act prohibited by 
        section 407 shall be liable in rem for any civil penalty 
        assessed for such violation under this section and may be 
        proceeded against in any district court of the United States 
        having jurisdiction thereof.
            (3) Collection of administrative penalties.--If any person 
        fails to pay an assessment of a civil penalty under paragraph 
        (1) after it has become a final and unappealable order, the 
        Secretary shall refer the matter to the Attorney General, who 
        shall recover the amount assessed (plus interest at current 
        prevailing rates from the date of the final order) in any 
        appropriate district court of the United States. In such 
        action, the validity and appropriateness of the final order 
        imposing the civil penalty shall not be subject to review. Any 
        person who fails to pay, on a timely basis, the amount of an 
        assessment of a civil penalty shall be required to pay, in 
        addition to such amount and interest, attorney's fees and costs 
        for collection proceedings and a quarterly nonpayment penalty 
        for each quarter during which such failure to pay persists. 
        Such nonpayment penalty shall be in an amount equal to 20 
        percent of the aggregate amount of such person's penalties and 
        nonpayment penalties that are unpaid as of the beginning of 
        such quarter.
            (4) Permit sanctions.--
                    (A) In general.--With respect to any case in which 
                an offshore aquaculture facility, associated onshore 
                facility, vessel, or other conveyance was used in the 
                commission of an act prohibited under section 407, the 
                owner or operator of an offshore aquaculture facility, 
                associated onshore facility, vessel, or other 
                conveyance (or any other person who has been issued or 
                has applied for a permit under this Act) has acted in 
                violation of section 407, or any civil penalty, 
                criminal fine, or amount in settlement of a civil 
                forfeiture imposed under this Act on a person, offshore 
                aquaculture facility, associated onshore facility, 
                vessel, or other conveyance that has been issued or has 
                applied for a permit under this Act has not been paid 
                and is overdue, the Secretary may--
                            (i) revoke any permit issued with respect 
                        to such person, offshore aquaculture facility, 
                        associated onshore facility, vessel, other 
                        conveyance, with or without prejudice to the 
                        issuance of subsequent permits;
                            (ii) suspend such permit for a period of 
                        time considered by the Secretary to be 
                        appropriate;
                            (iii) deny such permit; or
                            (iv) impose additional conditions and 
                        restrictions on such permit.
                    (B) Considerations.--In imposing a sanction under 
                this paragraph, the Secretary shall take into account 
                the nature, circumstances, extent, and gravity of the 
                prohibited acts for which the sanction is imposed and, 
                with respect to the violator, the degree of 
                culpability, any history of prior offenses, and such 
                other matters as justice may require.
                    (C) Effect of transfer of ownership.--Transfer of 
                ownership of an offshore aquaculture facility, 
                associated onshore facility, vessel, or other 
                conveyance, by sale or otherwise, shall not extinguish 
                any permit sanction that is in effect or is pending at 
                the time of transfer of ownership. Before executing the 
                transfer of ownership of a facility or conveyance, by 
                sale or otherwise, the owner shall disclose in writing 
                to the prospective transferee the existence of any 
                permit sanction that will be in effect or pending with 
                respect to the facility or conveyance at the time of 
                the transfer.
                    (D) Payment of penalty or fine.--In the case of any 
                permit that is suspended under this paragraph for 
                nonpayment of a civil penalty or criminal fine, the 
                Secretary shall reinstate the permit upon payment of 
                the penalty or fine and interest thereon at the 
                prevailing rate.
                    (E) Hearing.--No sanction shall be imposed under 
                this paragraph unless there has been a prior 
                opportunity for a hearing on the facts underlying the 
                violation for which the sanction is imposed, either in 
                conjunction with a civil penalty proceeding under this 
                section or otherwise.
            (5) Review of civil penalty.--Any person against whom a 
        civil penalty is assessed under this subsection or against whom 
        a permit sanction is imposed under this subsection (other than 
        a permit suspension for nonpayment of penalty or fine) may 
        obtain review thereof in the United States district court for 
        the appropriate district by filing a complaint against the 
        Secretary in such court within 30 days from the date of such 
        order that constitutes a final agency action. The Secretary 
        shall promptly file in such court a certified copy of the 
        record upon which such violation was found or such penalty 
        imposed, as provided in section 2112 of title 28, United States 
        Code. The findings and order of the Secretary shall be set 
        aside by such court if they are not found to be supported by 
        substantial evidence, as provided in section 706(2) of title 5, 
        United States Code.
            (6) Injunctive relief.--Upon the request of the Secretary, 
        the Attorney General of the United States may commence a civil 
        action for appropriate relief, including a permanent or 
        temporary injunction, for any violation of this Act (including 
        regulations).
    (g) Forfeiture.--
            (1) Criminal forfeiture.--
                    (A) In general.--A person who is convicted of an 
                offense in violation of this Act shall forfeit to the 
                United States--
                            (i) any property, real or personal, 
                        constituting or traceable to the gross proceeds 
                        taken, obtained, or retained, in connection 
                        with or as a result of the offense, including, 
                        without limitation, any cultured species (or 
                        the fair market value thereof); and
                            (ii) any property, real or personal, used 
                        or intended to be used, in any manner, to 
                        commit or facilitate the commission of the 
                        offense, including, without limitation, any 
                        vessel (including the vessel's equipment, 
                        stores, catch and cargo), vehicle, aircraft, or 
                        other means of transportation.
                    (B) Applicability of controlled substances act.--
                Pursuant to section 2461(c) of title 28, United States 
                Code, the provisions of section 413 of the Controlled 
                Substances Act (21 U.S.C. 853) other than subsection 
                (d) thereof shall apply to criminal forfeitures under 
                this section.
            (2) Civil forfeiture.--
                    (A) In general.--The property set forth below shall 
                be subject to administrative or judicial forfeiture to 
                the United States in accordance with the provisions of 
                chapter 46 of title 18, United States Code, and no 
                property right shall exist in it:
                            (i) Any property, real or personal, 
                        constituting or traceable to the gross proceeds 
                        taken, obtained, or retained, in connection 
                        with or as a result of a violation of this Act, 
                        including, without limitation, any fish (or the 
                        fair market value thereof).
                            (ii) Any property, real or personal, used 
                        or intended to be used, in any manner, to 
                        commit or facilitate the commission of a 
                        violation of this Act, including, without 
                        limitation, any vessel (including the vessel's 
                        equipment, stores, catch and cargo), vehicle, 
                        aircraft, or other means of transportation.
                    (B) Application of the customs laws.--All 
                provisions of law relating to seizure, summary 
                judgment, and forfeiture and condemnation for violation 
                of the customs laws, the disposition of the property 
                forfeited or condemned or the proceeds from the sale 
                thereof, the remission or mitigation of such 
                forfeitures, and the compromise of claims shall apply 
                to seizures and forfeitures incurred, or alleged to 
                have been incurred, under the provisions of this Act, 
                insofar as applicable and not inconsistent with the 
                provisions hereof. For seizures and forfeitures of 
                property under this section by the Secretary, such 
                duties as are imposed upon the customs officer or any 
                other person with respect to the seizure and forfeiture 
                of property under the customs law may be performed by 
                such officers as are designated by the Secretary or, 
                upon request of the Secretary, by any other agency that 
                has authority to manage and dispose of seized property.
                    (C) Presumption.--For the purposes of this section 
                there is a rebuttable presumption that all cultured 
                species, or components thereof, found in an offshore 
                aquaculture facility or on board a vessel or other 
                conveyance that is used or seized in connection with a 
                violation of this Act were produced, taken, obtained, 
                transported, or retained in violation of this Act.
    (h) Criminal Enforcement.--
            (1) Imprisonment.--Any person (other than a foreign 
        government agency, or entity wholly owned and controlled by a 
        foreign government) who knowingly commits any act prohibited 
        under section 407 shall be imprisoned for not more than 5 years 
        or fined not more than $500,000 for individuals or $1,000,000 
        for an organization, or both, except that, if in the commission 
        of any such offense the individual uses a dangerous weapon, 
        engages in conduct that causes bodily injury to any officer 
        authorized to enforce the provisions of this Act, or places any 
        such officer in fear of imminent bodily injury, the maximum 
        term of imprisonment is not more than 10 years.
            (2) Fine and imprisonment.--Any person (other than a 
        foreign government agency, or entity wholly owned and 
        controlled by a foreign government) who violates a provision 
        under section 407 and who, in the exercise of due care should 
        know that such person's conduct violates such provision, shall 
        be fined under title 18, United States Code, or imprisoned not 
        more than one year, or both.
    (i) Joint Enforcement Agreements.--
            (1) In general.--The Governor of an eligible State may 
        apply to the Secretary for execution of a joint enforcement 
        agreement with the Secretary that will authorize the 
        deputization and funding of State law enforcement officers with 
        marine law enforcement responsibilities to perform duties of 
        the Secretary relating to law enforcement provisions under this 
        title or any other marine resource law enforced by the 
        Secretary. Upon receiving an application meeting the 
        requirements of this subsection, the Secretary may enter into a 
        joint enforcement agreement with the requesting State.
            (2) Eligible state.--A State is eligible to participate in 
        the cooperative enforcement agreements under this section if it 
        is in, or bordering on, the Atlantic Ocean (including the 
        Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf 
        of Mexico, Long Island Sound, or one or more of the Great 
        Lakes.
            (3) Requirements.--Joint enforcement agreements executed 
        under paragraph (1)--
                    (A) shall be consistent with the purposes and 
                intent of this section to the extent applicable to the 
                regulated activities;
                    (B) may include specifications for joint management 
                responsibilities as provided by the first section of 
                Public Law 91-412 (15 U.S.C. 1525); and
                    (C) shall provide for confidentiality of data and 
                information submitted to the State under this Act.
            (4) Allocation of funds.--The Secretary shall include in 
        each joint enforcement agreement an allocation of funds to 
        assist in management of the agreement. The allocation shall be 
        fairly distributed among all eligible States participating in 
        cooperative enforcement agreements under this subsection, based 
        upon consideration of Federal marine enforcement needs, the 
        specific marine conservation enforcement needs of each 
        participating eligible State, and the capacity of the State to 
        undertake the marine enforcement mission and assist with 
        enforcement needs. The agreement may provide for amounts to be 
        withheld by the Secretary for the cost of any technical or 
        other assistance provided to the State by the Secretary under 
        the agreement.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for the 
purpose of carrying out this Act--
            (1) $60,000,000 for fiscal year 2023;
            (2) $65,000,000 for fiscal year 2024;
            (3) $70,000,000 for fiscal year 2025;
            (4) $75,000,000 for fiscal year 2026; and
            (5) $80,000,000 for fiscal year 2027.
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