[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9673 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9673
To require the Administrator of the National Oceanic and Atmospheric
Administration to establish an assessment program for commercial-scale
offshore aquaculture through demonstration projects, to establish
Aquaculture Centers of Excellence, to support aquaculture workforce
development and working waterfronts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2026
Mr. Ezell (for himself, Mr. Panetta, Ms. Tokuda, and Ms. Pingree)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Education and
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Administrator of the National Oceanic and Atmospheric
Administration to establish an assessment program for commercial-scale
offshore aquaculture through demonstration projects, to establish
Aquaculture Centers of Excellence, to support aquaculture workforce
development and working waterfronts, 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 ``Marine Aquaculture
Research for America Act of 2026'' or the ``MARA Act of 2026''.
(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--OFFICE OF AQUACULTURE
Sec. 101. Office of Aquaculture.
TITLE II--COMMERCIAL-SCALE DEMONSTRATION PROJECTS
Sec. 201. Assessment program for offshore aquaculture.
Sec. 202. Permits for demonstration projects for offshore aquaculture
facilities.
Sec. 203. Coordination of permit reviews for demonstration projects.
Sec. 204. Reporting by assessment program participants.
Sec. 205. Rule of construction; savings provisions.
TITLE III--WORKFORCE DEVELOPMENT, FINANCING, AND OTHER SUPPORT
Sec. 301. General support for industry.
Sec. 302. Aquaculture Centers of Excellence.
TITLE IV--STUDIES AND REPORTS
Sec. 401. Study on offshore aquaculture by Ocean Studies Board of the
National Academies of Sciences,
Engineering, and Medicine.
Sec. 402. Report on offshore aquaculture by Government Accountability
Office.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to authorize the National Oceanic and Atmospheric
Administration to establish and study commercial-scale
demonstration projects to answer scientific questions needed to
safely and sustainably regulate offshore aquaculture in the
United States;
(2) to commission a study and report to assess the
environmental and regulatory viability of a United States
offshore aquaculture industry;
(3) to support aquaculture workforce development and
working waterfronts by creating new jobs and to support
existing jobs and businesses within the seafood industry of the
United States, including jobs and businesses for traditional
participants in the fishing industry;
(4) to establish Aquaculture Centers of Excellence to meet
the needs of the growing domestic sustainable aquaculture
industry;
(5) to reduce the United States seafood trade deficit by
expanding the domestic supply of seafood through the production
of sustainable offshore aquaculture; and
(6) to support the development of offshore aquaculture in a
manner that minimizes conflicts with existing recreational and
commercial fishing access and uses.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public
Works, and the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
(B) the Committee on Natural Resources, the
Committee on Agriculture, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(4) Aquaculture.--The term ``aquaculture''--
(A) means any activity involved in the propagation,
rearing, or attempted propagation or rearing, of
cultured species, including the capture of wild
individuals for rearing as broodstock; and
(B) does not include the practice of--
(i) capturing juvenile finfish to rear to
maturity in an aquaculture facility for
subsequent commercial sale, commonly referred
to as ranching; or
(ii) rearing and releasing cultured species
for the purpose of enhancing wild populations.
(5) Aquaculture stakeholder.--The term ``aquaculture
stakeholder'' means--
(A) an owner or operator of an offshore aquaculture
facility or a land or coastal-based facility supporting
offshore operation, including hatcheries and nurseries;
(B) a Regional Fishery Management Council
established under section 302(a) of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1852(a));
(C) an interstate fisheries commission;
(D) a conservation organization;
(E) a fisheries association;
(F) a State or county government;
(G) an Indian Tribe;
(H) a Native Hawaiian organization;
(I) a Native Hawaiian community;
(J) a Tribal or Indigenous community;
(K) a Federal or State agency with interests in
aquaculture; or
(L) any other interested party.
(6) Coastal state.--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)).
(7) Cultured species.--The term ``cultured species''--
(A) means any species propagated and reared for
marine aquaculture;
(B) includes marine shellfish species intended for
propagation that self-recruit to aquaculture structures
in the offshore environment; and
(C) excludes any member of the class Aves,
Reptilia, or Mammalia.
(8) Escape.--The term ``escape'' means the escape of
juvenile- or adult-farmed organisms or fertilized eggs spawned
by cultured species from offshore aquaculture facilities or
land or coastal-based hatcheries, nurseries, or associated
facilities.
(9) 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--
(i) except as provided by clause (ii), is
200 nautical miles from the baseline from which
the breadth of the territorial sea is measured;
or
(ii)(I) if an applicable maritime boundary
treaty is in force or is being provisionally
applied by the United States, is established by
that treaty; or
(II) in the absence of such a treaty and in
a case in which the distance between the United
States and another country is less than 400
nautical miles, is 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; or
(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.
(C) Rule of construction.--Nothing in this
paragraph may be construed to diminish the authority of
the Department of Defense, the Department of the
Interior, or any other Federal agency.
(10) Fishery stakeholders.--The term ``fishery
stakeholders'' means--
(A) subsistence fishery participants and their
dependents;
(B) commercial fishermen;
(C) seafood processing and distribution workers;
(D) recreational fishery participants;
(E) Tribal fisheries; and
(F) territorial fishing communities, including such
communities in Hawaii, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, Puerto
Rico, and the United States Virgin Islands.
(11) Genetically modified organism; genetically modified.--
The terms ``genetically modified organism'' and ``genetically
modified'' mean any organism whose genetic material (DNA) has
been altered using technology in a way that does not occur
naturally by conventional breeding or natural processes and
results in permanent, heritable changes, with the exception of
sterilization.
(12) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(13) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 201 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(14) Native hawaiian community.--The term ``Native Hawaiian
community'' means the distinct Native Hawaiian indigenous
political community that Congress, exercising its plenary power
over Native American affairs, has recognized and with which
Congress has implemented a special political and trust
relationship.
(15) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given that term in
section 6207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517) and includes the Department of Hawaiian
Home Lands and the Office of Hawaiian Affairs.
(16) National sea grant college program.--The term
``national sea grant college program'' means the program
maintained under section 204(a) of the National Sea Grant
College Program Act (33 U.S.C. 1123(a)).
(17) Offshore aquaculture.--The term ``offshore
aquaculture'' means aquaculture conducted in the exclusive
economic zone.
(18) 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 or water column used for
offshore aquaculture.
(19) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Virgin Islands, Guam, and any other
Commonwealth, territory, or possession of the United States.
(20) Tribal land.--The term ``Tribal land'' means land that
is subject to the jurisdiction of an Indian Tribe.
(21) Tribal or indigenous community.--The term ``Tribal or
Indigenous community'' means a population of people who are--
(A) enrolled members of an Indian Tribe;
(B) members of an Alaska Native or Native Hawaiian
community or organization; or
(C) members of any other community of Indigenous
people located in a State.
TITLE I--OFFICE OF AQUACULTURE
SEC. 101. OFFICE OF AQUACULTURE.
(a) Establishment.--There is established within the headquarters of
the National Marine Fisheries Service of the Administration the Office
of Aquaculture (in this section referred to as the ``Office'').
(b) Resources.--The Administrator shall ensure the Office is
provided with sufficient resources to carry out the duties of the
Office under subsection (d), subject to available appropriations.
(c) Representation at Regional Fisheries Offices.--
(1) In general.--The Administrator shall provide for
representation of the Office in each of the regional fisheries
offices of the Administration.
(2) Minimum presence.--In carrying out paragraph (1), the
Administrator--
(A) shall provide for the placement of at least one
regional aquaculture coordinator from the Office in
each regional fisheries office;
(B) shall otherwise ensure that the representation
of the Office at a regional fisheries office is, at a
minimum, sufficient to permit the Office to fulfill the
duties of the Office under subsection (d); and
(C) may increase that representation to the extent
warranted by the activity and interest of aquaculture
stakeholders in the region.
(d) Duties.--The Office shall--
(1) coordinate the implementation of this Act, including
administration of--
(A) the offshore aquaculture assessment program
established under section 201; and
(B) the issuance of permits under section 202;
(2) coordinate regulatory, scientific, outreach, and
international issues related to aquaculture within the
Administration;
(3) collaborate with and leverage existing efforts by the
Administrator--
(A) to conduct outreach, education, extension
services, and training efforts for aquaculture and
offshore aquaculture; and
(B) to engage with aquaculture stakeholders and,
periodically, convene conferences or workshops for
aquaculture stakeholders to exchange information and
ideas;
(4) develop recommendations for best management practices
for offshore aquaculture operations that, at a minimum--
(A) encourage development of offshore aquaculture
in a manner that complies with environmental law;
(B) are based on the best scientific information
available;
(C) take into account traditional knowledge of
Tribal and Indigenous communities as appropriate to the
region;
(D) are adaptive to offshore aquaculture
developments, such as updates in technology and
different environmental conditions;
(E) prefer species that are native or historically
naturalized to the region;
(F) evaluate and, where appropriate, incorporate
practices that reduce reliance on wild-caught marine
forage in aquaculture feeds, consistent with best
available science and the availability of sustainable
alternatives; and
(G) prioritize the health of cultured species;
(5) coordinate and conduct additional research to support
the development of sustainable offshore aquaculture;
(6) administer support for industry under section 301;
(7) administer the Aquaculture Centers of Excellence under
section 302;
(8) administer the contract to conduct the study described
in section 401; and
(9) coordinate the engagement of the Administration with
the Comptroller General of the United States as the Comptroller
General prepares the report required by section 402.
(e) Agreements With States.--
(1) In general.--Upon request of the Governor of a coastal
State, the Administrator may enter into an agreement with the
State to allow the State, and aquaculture stakeholders in the
State as appropriate, to participate in activities authorized
under sections 201 and 203 and titles III and IV with respect
to aquaculture operations located in State waters that--
(A) are directly exposed to open ocean conditions;
and
(B) possess oceanographic or bathymetric
characteristics substantially similar to offshore
waters of the exclusive economic zone.
(2) Limitation.--An agreement entered into under this
subsection shall not be construed to subject aquaculture
operations in State waters to permitting or regulatory
requirements applicable exclusively to offshore aquaculture in
the exclusive economic zone, unless expressly provided in such
agreement and authorized under applicable State law.
(3) Rule of construction.--Nothing in this subsection or in
any agreement entered into under this subsection shall be
construed to displace, supersede, or diminish the authority of
a coastal State to regulate aquaculture within its waters or
the authority of the Administrator under otherwise applicable
law.
(f) Budget Request.--The Administrator shall include, in the budget
justification materials submitted to Congress in support of the budget
of the President for a fiscal year pursuant to section 1105 of title
31, United States Code, a request for funding for the Office as a
separate line item with the National Marine Fisheries Service.
TITLE II--COMMERCIAL-SCALE DEMONSTRATION PROJECTS
SEC. 201. ASSESSMENT PROGRAM FOR OFFSHORE AQUACULTURE.
(a) Establishment of Program.--Not later than 180 days after the
date of the enactment of this Act, the Administrator shall establish an
assessment program (in this section referred to as the ``assessment
program'') with the objective of assessing the viability of offshore
aquaculture--
(1) in light of changing circumstances and advances in
technology; and
(2) using the best available science, information from
aquaculture stakeholders, and information developed from
demonstration projects for which permits are issued under
section 202.
(b) Elements.--At a minimum, the assessment program shall examine
the following in order to determine the viability of offshore
aquaculture:
(1) The ability of different commercial-scale facility
designs and operational methods--
(A) to survive various atmospheric and ocean
conditions, including high wind speeds or high-energy
ocean conditions associated with severe weather, or
tidal or tsunami activity, while preventing, to the
extent possible--
(i) escapes;
(ii) loss of or damage to infrastructure;
or
(iii) wildlife entanglement resulting from
loss or damaged infrastructure;
(B) to prevent, to the extent possible,
entanglements of large whales, sea turtles, and other
species protected under--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(ii) the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.);
(C) to prevent, to the extent possible, adverse
impacts on the marine environment, including impacts to
habitat, water chemistry, and wildlife; and
(D) to comply with the requirements of the United
States Coast Guard and United States Army Corps of
Engineers in preventing adverse impacts on navigation
and safety to existing ocean users due to offshore
aquaculture facilities, including requirements for
operations, navigation, and transit associated with
such facilities.
(2) The ability of different technologies to provide
reliable and timely data on offshore aquaculture facilities,
including visual data and other relevant data types, on a
regular basis to enable the Administrator to monitor--
(A) the compliance of demonstration projects for
which permits are issued under section 202 with the
requirements under subsection (b) of such section;
(B) impacts on the marine environment; and
(C) interference with existing uses of the water
bodies in which demonstration projects for which
permits are issued under section 202 are located.
(3) The relative risks, benefits, and costs of various
types of offshore aquaculture, including different cultured
species, in different geographies and under varying
environmental conditions.
(c) Report Required.--Not later than 5 years after the date on
which the Administrator establishes the assessment program, the
Administrator shall publish, make available to the public, and submit
to the National Academy of Sciences and the Comptroller General of the
United States, a report that includes the following:
(1) A description of each demonstration project for which a
permit is issued under section 202, including documentation
supporting the issuance of the permit and summary of
information submitted to the Administrator for each
demonstration project.
(2) A description of the progress made toward meeting the
objective described in subsection (a).
(d) Rule of Construction.--Nothing in this section shall be
construed to require the development of new assessment frameworks where
existing ecosystem-based assessment tools of the Administrator,
including Integrated Ecosystem Assessments, are sufficient to meet the
requirements of the assessment program under this section.
SEC. 202. PERMITS FOR DEMONSTRATION PROJECTS FOR OFFSHORE AQUACULTURE
FACILITIES.
(a) Issuance of Permits.--After the Administrator establishes the
assessment program under section 201, the Administrator shall issue
permits for commercial-scale demonstration projects for proposed
offshore aquaculture facilities in furtherance of the assessment
program.
(b) Eligibility Requirements.--To be eligible for the issuance of a
permit under subsection (a), a demonstration project is required to--
(1) advance the objective described in section 201(a);
(2) cultivate only native or historically naturalized
species that pose a minimal threat of harm to wildlife and the
ecosystem in which the project is located;
(3) ensure that there will be no intentional culture,
propagation, or release of genetically modified organisms if
such organisms present a material risk of harmful ecological,
genetic, or disease impacts that is greater than such risk
associated with conventional stock;
(4) incorporate design and operational practices that
minimize the risk of escape, adverse wildlife impacts
(including entanglement), adverse impacts to navigation, and
adverse pollution impacts;
(5) develop an escape response and infrastructure loss or
damage plan that minimizes the impact of any escapes or
infrastructure loss or damage on the marine environment,
including wild populations and fishery resources, and on other
uses of the water body in which the project is located;
(6) comply with all applicable requirements, including--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'');
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(C) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.); and
(D) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(7) maximize compatibility with, and prevent or minimize
displacement of, existing uses and users of the marine
environment in the near vicinity of where the project is
located; and
(8) conform to best practices to minimize the use of
therapeutants and pharmaceuticals, including antibiotics, and
minimize the release of such substances into the environment.
(c) Authorized Activities.--A person that holds a permit for a
demonstration project issued under subsection (a) may conduct offshore
aquaculture for commercial sale consistent with this Act, including
regulations promulgated by the Administrator to carry out this Act.
(d) Applications.--A person seeking a permit for a demonstration
project shall submit to the Administrator an application that
specifies--
(1) 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,
nurseries, or research operations;
(2) the proposed type of aquaculture gear that will be used
at facilities described in paragraph (1);
(3) the cultured species to be propagated or reared, or
both, at the offshore aquaculture facility;
(4)(A) the source of eggs, larvae, or juvenile cultured
species that will be used in offshore aquaculture operations;
(B) an analysis of the likely ecosystem impacts of such
operations, such as the risk of escapes, adverse wildlife
impacts, risk of pollution, and spread of pathogens; and
(C) the information upon which the analysis was based;
(5) plans to respond to--
(A) a natural disaster;
(B) an escape;
(C) disease;
(D) loss or damage to infrastructure;
(E) entanglements; and
(F) other circumstances designated by the
Administrator; and
(6) such other design, construction, and operational
information as the Administrator may require to ensure the
integrity of the operations and contingency planning.
(e) Notice, Public Comment, and Recommendations.--
(1) In general.--Not later than 90 days after receiving an
application under this section, the Administrator shall--
(A) conduct a preliminary review to determine
whether the application is complete and complies with
the requirements of this Act and other applicable
Federal law;
(B) for each application that the Administrator has
determined is incomplete or does not comply with the
requirements of this Act and other applicable Federal
law, provide to the applicant a notice that specifies
modifications to the application and the opportunity
for resubmission;
(C) for each complete application that the
Administrator has determined complies with the
requirements of this Act and other applicable Federal
law under subparagraph (A), publish in the Federal
Register, and provide to the Governor or Tribal leader
of each specially affected coastal jurisdiction, the
application; and
(D) for a period of 60 days, invite and consider
all public comments, and recommendations to modify the
application or to deny the permit from any Governor or
Tribal leader of a specially affected coastal
jurisdiction designated under this subsection, on
applications for permits described in subparagraph (C).
(2) Specially affected coastal jurisdiction.--In this
subsection, the term ``specially affected coastal
jurisdiction'' means any coastal State or Indian Tribe--
(A) the land, Tribal land, or waters of which--
(i) are adjacent to the Federal waters in
which the project will be conducted; and
(ii) are used, or are scheduled to be used,
as a support base for the project; and
(B) for which there is a reasonable probability of
significant effect on uses of land, Tribal land, or
water from the project.
(3) Designation of a specially affected coastal
jurisdiction.--The Administrator shall establish a mechanism
for identifying and designating, with respect to each
application for a demonstration project received under this
section, the adjacent specially affected coastal jurisdiction
or jurisdictions.
(f) Priority Consideration.--In considering applications for
permits for demonstration projects under this section, the
Administrator shall give priority consideration to applications for
demonstration projects--
(1) owned or operated by applicants who can demonstrate
that the demonstration project will directly benefit
individuals who are already participating in the agricultural,
wild-caught fishery, or aquaculture industries who have been
negatively impacted by the COVID-19 pandemic, natural
disasters, or major disasters declared under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170); or
(2) sited within an Aquaculture Opportunity Area identified
by the Secretary of Commerce in accordance with section 7 of
Executive Order 13921 (16 U.S.C. 1801 note; relating to
promoting American seafood competitiveness and economic
growth).
(g) Socioeconomic Data.--In considering applications for permits
for demonstration projects under this section, and to support the study
described in section 401, the report required by section 402, and the
assessment program established under section 201, the Administrator
shall collect quantitative and qualitative socioeconomic data
associated with the owner or operator of, and communities employed or
otherwise affected by, each demonstration project.
(h) Decisions With Respect to Issuance, Deferral, or Denial.--
(1) In general.--Not later than 90 days after the
conclusion of the period for public comments under subsection
(e) with respect to an application for a permit for a
demonstration project under this section, the Administrator
shall--
(A) issue the permit, if the Administrator
determines the application complies with the
requirements of this Act and other applicable law;
(B) if the Administrator determines that the
application does not comply with the requirements of
this Act and other applicable law, or if the
Administrator approves recommendations for
modifications under subsection (e), and the application
can be modified to comply with those requirements--
(i) defer the decision on the permit; and
(ii) provide to the applicant a notice that
specifies modifications to the proposed
demonstration project needed for a permit to be
issued and a timeline for resubmission and
additional agency review; or
(C) if the Administrator determines that the
application does not comply with the requirements of
this Act and other applicable law, and that the
application cannot be modified to comply with such
requirements, or if the Administrator has approved a
recommendation to deny the permit under subsection (e),
deny the permit and provide a justification for the
denial.
(2) Other approval.--
(A) In general.--An application for a permit for a
demonstration project under this section shall be
considered approved, as if a permit for the application
had been issued under paragraph (1)(A), if--
(i) the Administrator has determined under
subsection (e)(1)(A) that the application is
complete and complies with the requirements of
this Act and all other applicable Federal law;
(ii) the period for public comments under
subsection (e)(1)(D) has ended;
(iii) no recommendation for modifying the
application or denying the permit has been
received under subsection (e)(1)(D); and
(iv) the Administrator does not take action
under subparagraph (A), (B), or (C) of
paragraph (1) before the date that is 90 days
after the conclusion of the period for public
comments under subsection (e)(1)(D) with
respect to the application.
(B) Process.--The Administrator shall establish a
process for the approval of applications under this
paragraph.
(i) Effective Period.--A permit for a demonstration project issued
under this section--
(1) shall be in effect during the 10-year period beginning
on the date on which the project begins in-water operations;
and
(2) may be renewed as provided by subsection (j).
(j) Renewal.--
(1) In general.--The Administrator may renew a permit, that
has not been revoked, for a demonstration project issued under
this section for an additional 10-year period after the 10-year
period described in subsection (i)(1) if--
(A) the owner or operator of the project submits to
the Administrator a proposal for renewal of the permit
by a date determined by the Administrator; and
(B) the Administrator determines that the permit,
as modified by the proposal, remains in compliance with
the requirements described in subsection (b)(1).
(2) Notice and public comment.--The Administrator shall--
(A) publish in the Federal Register a notice
summarizing each proposal received under paragraph (1)
with respect to the renewal of a permit;
(B) invite public comments for a period of not less
than 60 days regarding each such proposal; and
(C) consider such comments in determining whether
to approve the renewal of the permit.
(3) Renewal determination.--Not later than 90 days after
the conclusion of the period for public comments under
subsection (e) with respect to an application for a renewal
permit for a demonstration project under this section, the
Administrator shall--
(A) issue the renewal permit, if the Administrator
determines the application complies with the
requirements of this Act and other applicable law;
(B) if the Administrator determines that the
application does not comply with the requirements
described in subparagraph (A), and the application can
be modified to comply with those requirements--
(i) defer the decision on the renewal
permit; and
(ii) provide to the applicant a notice that
specifies modifications to the proposed
demonstration project needed for a permit to be
issued and a timeline for resubmission and
additional agency review; or
(C) if the Administrator determines that the
application does not comply with the requirements
described in subparagraph (A) and that the application
cannot be modified to comply with such requirements,
deny the permit and provide a justification for the
denial.
(k) Authority To Modify or Terminate Participation of Demonstration
Projects and Order Removal of Facilities.--The Administrator may
require modifications to a demonstration project for which a permit is
issued under this section, terminate such a permit, or order the
removal of an offshore aquaculture facility authorized to operate under
such a permit, if--
(1)(A) the project incurs an incident involving a death or
serious personal injury and the Administrator determines that
negligence of the project operator was the cause of or a
contributing factor to the incident;
(B) operation of the project results in take of endangered
species or marine mammals in excess of take authorized pursuant
to--
(i) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
(ii) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.);
(C) the owner or operator of the project fails to comply
with all of the terms and conditions of--
(i) the permit; or
(ii) modifications required by the Administrator
under this subsection; or
(D) the Administrator determines that operation of the
demonstration project would be unsafe or result in unacceptable
negative impacts to--
(i) the marine environment;
(ii) nearby human communities; or
(iii) other users of the water body in which the
project is located; and
(2) before requiring a modification to the demonstration
project, terminating the permit, or ordering the removal of the
offshore aquaculture facility--
(A) the Administrator provides a warning notice to
the owner or operator of the project; and
(B) the owner or operator is given an opportunity
to address the Administrator's concerns.
(l) Coastal Zone Management Act Review.--The submission of an
application for a permit for a demonstration project under this section
shall trigger the right of review by a coastal State under the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
(m) Fishing Access and Coordination.--
(1) In general.--In carrying out this section, the
Administrator shall consider the effects of offshore
aquaculture facilities on fishing access and opportunities in
adjacent public waters and, to the maximum extent practicable
consistent with applicable law, seek to minimize unnecessary
adverse impacts on fishing access and use.
(2) Coordination.--The Administrator shall coordinate, as
appropriate, with the Commandant of the Coast Guard and other
relevant Federal agencies regarding navigational safety
measures associated with offshore aquaculture facilities
authorized under this section.
(3) Administrative record.--The Administrator shall include
in the administrative record for a permit issued under this
section a description of any known fishing access impacts and
any measures identified to avoid or minimize such impacts.
SEC. 203. COORDINATION OF PERMIT REVIEWS FOR DEMONSTRATION PROJECTS.
(a) In General.--
(1) Lead agency.--The Administration shall serve as the
lead Federal agency for purposes of providing information on
Federal permitting requirements for demonstration projects
under section 202.
(2) Coordination.--The Administrator shall coordinate with
the Secretary of the Interior, the Secretary of Agriculture,
the Administrator of the Environmental Protection Agency, the
Chief of the Army Corps of Engineers, the Commissioner of the
Food and Drug Administration, and the head of the department in
which the Coast Guard is operating, and any other agency the
Administrator considers appropriate to simplify the Federal
permitting process for demonstration projects under section
202.
(b) 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.
(c) Unified Permitting and Review Process.--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 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 demonstration projects
under section 202 for a unified process, public notice, and public
comment for--
(1) initial issuance of permits;
(2) renewal of permits; and
(3) transfer of permits.
(d) Informal Consultations.--The Administrator shall convene
representatives of the Department of Agriculture, the Environmental
Protection Agency, the Army Corps of Engineers, the Department in which
the U.S. Coast Guard is operating, and any other agency the
Administrator deems appropriate to provide prospective applicants for
permits for demonstration projects under section 202 an opportunity for
informal consultation with such agencies. Nothing in this subsection
shall preclude an applicant or a prospective applicant from contacting
Federal agencies directly.
(e) 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
that Act for offshore aquaculture activities proposed to be carried out
under a demonstration project under section 202 shall be conducted
through a single, consolidated environmental review and the
Administration, through the Office of Aquaculture established by
section 101, shall serve as the lead Federal agency.
(f) Coordination of Permit Reviews.--To the extent practicable
under this Act and all other applicable laws, including regulations,
Federal agencies with permitting requirements applicable to offshore
aquaculture activities proposed to be carried out under a demonstration
project under section 202 shall coordinate their review processes in
order to provide a timely response to an applicant not later than 240
days after the submission of the application.
(g) Magnuson-Stevens Fishery Conservation and Management Act.--The
conduct of offshore aquaculture shall be considered a commercial
fishing operation for purposes of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1362).
SEC. 204. REPORTING BY ASSESSMENT PROGRAM PARTICIPANTS.
(a) In General.--Not later than 1 year after the date on which a
demonstration project for which a permit is issued under section 202
commences, and annually thereafter until the demonstration project
terminates, the owner or operator of the demonstration project shall
submit to the Office, in accordance with guidance provided by the
Administrator the following:
(1) Production data.
(2) Information on interactions with wild species,
mitigation measures taken, and the results of such interactions
and measures.
(3) Information on technology and operational practices
used to measure and monitor--
(A) effluent;
(B) integrity of cage materials and other gear; and
(C) health of the cultivated species.
(4) Information on environmental and ecosystem impacts.
(5) Information on feed sourcing, including an estimate of
the concentration of wild-caught marine ingredients (fishmeal
and fish oil) in a feed relative to the original wild fish, the
species and geographic origin of such forage, any planned
changes to feed formulations, and any other relevant
information.
(6) Data necessary for the Ocean Studies Board of the
National Academies of Sciences, Engineering, and Medicine to
complete the study described in section 401.
(7) Owner, operator, and employee demographic data and
other relevant data as determined appropriate by the
Administrator for purposes of assessing--
(A) the direct benefits of the demonstration
project to fishery and aquaculture stakeholders; and
(B) the quantifiable economic and social impacts of
the demonstration project for nearby coastal
communities and any specially affected coastal
jurisdictions.
(8) Information on navigation and safety impacts to
existing ocean users.
(9) Such additional information as the Administrator
requires to fulfill the goals and objectives of the assessment
program established under section 201.
(b) Technical Assistance.--The Administrator shall, upon request,
provide technical assistance to owners and operators of demonstration
projects for which permits are issued under section 202 to comply with
the reporting requirements of this section.
(c) Emergency Reporting.--The Administrator shall establish an
emergency reporting process for each owner or operator of a
demonstration project for which a permit is issued under section 202 to
immediately report suspected or known interactions between project
facilities or vessels and protected wild species.
(d) Privacy.--The Administrator shall ensure that data provided
under this section is maintained in a manner that safeguards personally
identifiable information and confidential business information.
SEC. 205. RULE OF CONSTRUCTION; SAVINGS PROVISIONS.
(a) Statutory Construction.--A permit for a demonstration project
issued under section 202 shall not supersede or substitute for any
other authorization required under Federal or State law.
(b) Applicability.--This title does not apply with respect to
applications for a permit in process on the date of the enactment of
this Act or permits that are in effect on that date.
TITLE III--WORKFORCE DEVELOPMENT, FINANCING, AND OTHER SUPPORT
SEC. 301. GENERAL SUPPORT FOR INDUSTRY.
(a) Marketing and Promotion Grants.--The Administrator, in
consultation with private sector aquaculture stakeholders, shall
support the sale and public perception of cultured species domestically
and internationally through existing grant programs.
(b) Workforce Development Grants.--
(1) In general.--The Administrator, in consultation with
private sector aquaculture stakeholders, academic institutions,
and the national sea grant college program, shall establish and
administer a grant program to support the education and
training of individuals with the skills needed to manage and
operate offshore aquaculture facilities.
(2) Aquaculture centers of excellence.--The Administrator
may carry out paragraph (1) through the program established
under section 302(b)(1).
(c) Regional Networks.--The Administrator, through each regional
fisheries office of the Administration, shall organize a network of--
(1) regional experts and Federal agency contacts, in
coordination with relevant organizations, including the
national sea grant college program, the Regional Aquaculture
Centers of the Department of Agriculture, institutions of
higher education, and the Cooperative Extension System of the
Department of Agriculture, to provide technical expertise and
extension services for offshore aquaculture and information on
Federal permit requirements for offshore aquaculture; 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.
(d) Aquaculture Database.--
(1) In general.--The Administrator shall establish and
maintain an aquaculture database within the Office of
Aquaculture established by section 101.
(2) Inclusions.--The database required by paragraph (1)
shall include information on research, technologies, monitoring
techniques, best practices, and advisory board recommendations
relating to aquaculture and offshore aquaculture.
(3) Safeguarding of information.--The Administrator shall
make the database required by paragraph (1) available in a
manner that safeguards personally identifiable information and
confidential business information.
(4) Patents.--The inclusion of information in the database
required by paragraph (1) shall not be considered to be
publication for purposes of subsection (a) or (b) of section
102 of title 35, United States Code.
(e) Technical Assistance Programs for Operators.--
(1) In general.--The Administrator, through the Office of
Aquaculture established by section 101 and the regional
aquaculture coordinators described in such section, shall
organize a program in each regional fisheries office of the
Administration to provide technical assistance to operators of
offshore aquaculture facilities.
(2) Tailoring.--The programs required by paragraph (1)
shall be tailored to meet the unique needs of each region.
(3) Consultations.--Under each program required by
paragraph (1), the regional aquaculture coordinators described
in section 101 may conduct consultations with the operator of
each offshore aquaculture facility in the region concerned on a
regular basis--
(A) to assess the status of the operator's
business; and
(B) if appropriate, to identify available resources
to support the operator, such as regional experts,
university extension agents, and grant opportunities.
SEC. 302. AQUACULTURE CENTERS OF EXCELLENCE.
(a) Definitions.--In this section:
(1) Covered institution.--The term ``covered institution''
means--
(A) a minority-serving institution;
(B) a Native Hawaiian-serving institution;
(C) an Alaska Native-serving institution;
(D) a historically Black college or university; or
(E) a Tribal college or university.
(2) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(3) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in paragraph (2), (4), (5), (6), or (7) of section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(4) Tribal college or university.--The term ``Tribal
college or university'' means a Tribal College or University
(as defined in section 316(b) of the Higher Education Act of
1965 (20 U.S.C. 1059c(b))) that is chartered by the governing
body of the applicable Indian Tribe or by the Federal
Government.
(b) Aquaculture Curriculum Grants.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator, in consultation
with private sector aquaculture stakeholders, academic
institutions, and the national sea grant college program, shall
establish a program to award grants to covered institutions to
assist in establishing or enhancing an aquaculture curriculum
for undergraduate, graduate, or certificate courses of study at
such covered institutions.
(2) Aquaculture centers of excellence.--A covered
institution that receives a grant under this section shall be
known as an ``Aquaculture Center of Excellence''.
(3) Applications.--To be eligible to receive a grant under
this section, a covered institution shall submit to the
Administrator an application that includes any plans to partner
with one or more other institutions of higher education as
authorized under paragraph (5).
(4) Use of grant amounts.--
(A) In general.--A covered institution receiving a
grant under this section shall use the grant amounts to
establish or enhance an aquaculture curriculum for
undergraduate, graduate, or certificate courses of
study that may include the following:
(i) Training in various skills needed by
successful aquaculture entrepreneurs,
including--
(I) offshore aquaculture
operations;
(II) business management, strategic
planning, business plan development,
capital financing and fundraising,
financial management and accounting,
market analysis and competitive
analysis, and market entry and strategy
execution; and
(III) any other skill specific to
the needs of the student population and
the surrounding community, including
with respect to social and
environmental sustainability, as
determined by the covered institution.
(ii) Natural and social science research
programs in aquaculture and natural fisheries,
including offshore aquaculture.
(iii) Development of extension programs (or
cooperation with existing extension programs)
that--
(I) educate and engage community
members, including elementary and
secondary school students, on
aquaculture and aquaculture career
pathways; and
(II) transfer newly developed
techniques and research information
developed or collated at the covered
institution to aquaculture
stakeholders.
(iv) Career development, such as the
establishment of cooperatives, apprenticeships,
internships, practicums, mentorships,
accelerators, or grant competitions.
(B) Limitations on use of grant amounts.--Amounts
from a grant awarded under this section may be used
only for expenses directly related to the
implementation of the curriculum or activities
authorized under this section.
(5) Partnerships.--In applying for grants and carrying out
activities with grant amounts under this section, a covered
institution may partner with one or more other institutions of
higher education with established aquaculture programs,
including institutions of higher education not otherwise
eligible for grants under this section, to facilitate the
sharing of resources and knowledge necessary for the
development or enhancement of aquaculture curriculum at the
covered institution.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2026 through 2030, to remain available until expended.
TITLE IV--STUDIES AND REPORTS
SEC. 401. STUDY ON OFFSHORE AQUACULTURE BY OCEAN STUDIES BOARD OF THE
NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE.
(a) In General.--The Administrator shall seek to enter into a
contract with the Ocean Studies Board of the National Academies of
Sciences, Engineering, and Medicine (in this section referred to as the
``Board'') under which the Board shall, not later than 5 years after
the date on which the Administrator establishes the assessment program
under section 201--
(1) complete a study to develop the scientific basis for
efficient and effective regulation of offshore aquaculture; and
(2) submit to Congress and make publicly available the
results of the study.
(b) Elements.--The study completed pursuant to subsection (a)
shall, with respect to offshore aquaculture--
(1) identify--
(A) optimal methods of operation of offshore
aquaculture facilities to limit adverse effects on the
environment, wildlife, and human well-being,
including--
(i) considerations to guide siting
decisions of such facilities;
(ii) appropriate stocking densities; and
(iii) opportunities for selective breeding;
(B) a science-based definition of ``responsible
offshore aquaculture feed or other inputs'', including
guidance on sourcing feed or other inputs to address
long- or short-term concerns, including the
availability and scalability of such inputs;
(C) potential adverse effects on the environment,
wildlife, and human well-being, including from--
(i) the use of antibiotics and other
pharmaceuticals by offshore aquaculture
facilities, including through analyses
necessary to establish acceptable rates, impact
levels, and risk thresholds, such as analyses
of organism antibiotic consumption or
metabolization versus excretion to the
surrounding environment;
(ii) pollution originating from offshore
aquaculture facilities, including such effect
on marine organisms and the environment,
including the potential for assimilation;
(iii) abandoned, lost, damaged, or
otherwise discarded gear or equipment;
(iv) harmful interactions with wildlife;
(v) genetic mixing between cultured species
and wild marine species;
(vi) the transfer of disease between
cultured species and wild species;
(vii) the collection and removal of brood
stock for offshore aquaculture operations, and
hatcheries and prestocking rearing operations
that are specific to offshore aquaculture;
(viii) large-scale cultivation of filter-
feeding bivalve organisms and seaweed;
(ix) offshore aquaculture facilities acting
as aggregating devices for wild fisheries and
wildlife populations;
(x) predator control devices and methods;
and
(xi) the use of non-sustainable sources of
feed or other inputs, including the use of
globally limited marine resources for feed
ingredients, and scalability of alternatives,
including--
(I) novel ingredients (for example,
insect, single cell protein, and
algae);
(II) traditional ingredients (for
example, soya); and
(III) other inputs;
(D) potential methods and technologies to mitigate
adverse effects, including the effects identified under
subparagraph (C);
(E) potential methods to identify conflicts between
offshore aquaculture facilities and other users of the
offshore environment, and rubrics for developing
solutions to mitigate such conflicts;
(F) the types of quantitative data and qualitative
information necessary for the optimal operation of
offshore aquaculture facilities and appropriate methods
of procuring such data and information, including
from--
(i) citizen science (as defined in section
402(c) of the Crowdsourcing and Citizen Science
Act (15 U.S.C. 3724(c)));
(ii) the traditional knowledge of Tribal
and Indigenous communities; and
(iii) offshore aquaculture operators;
(G) best practices for offshore aquaculture siting
and operations to manage and plan for predicted changes
in global atmospheric and oceanographic conditions;
(H) economic impacts and contributions of offshore
aquaculture to local, State, regional, and national
economies;
(I) the business profitability potential and market
opportunities for offshore aquaculture enterprises; and
(J) potential benefits from offshore aquaculture
operations at the local, State, and national levels,
including social, cultural, economic, and environmental
ecosystem services; and
(2) provide recommendations for legislative or
administrative action with respect to--
(A) methods of operation identified under paragraph
(1)(A);
(B) mitigating adverse effects identified under
paragraph (1)(C);
(C) environmental standards, control rules, or
reference points that build on the existing public and
private standards or best practices for the
sustainability of offshore aquaculture; and
(D) ensuring that operators of offshore aquaculture
facilities adhere to international standards for social
responsibility, public health, and equitable labor
practices, including with respect to sourcing inputs
for such facilities.
SEC. 402. REPORT ON OFFSHORE AQUACULTURE BY GOVERNMENT ACCOUNTABILITY
OFFICE.
(a) In General.--Not later than 5 years after the date on which the
Administrator establishes the assessment program under section 201, the
Comptroller General of the United States shall submit to the
appropriate committees of Congress a report examining the permitting,
monitoring, and regulation of offshore aquaculture that covers the 15-
year period prior to the program's establishment and the time period
since the program's establishment.
(b) Bases of Report.--The Comptroller General shall base the report
required by subsection (a) on available literature, case studies, and
aquaculture stakeholder input.
(c) Elements of Report.--The report required by subsection (a)
shall--
(1) assess the feasibility and potential positive and
negative implications of designating a lead agency to issue
permits for offshore aquaculture operations in a timely manner;
(2) identify lessons learned during the period described in
subsection (a) with respect to--
(A) the effect of offshore aquaculture type,
location, and regulatory framework on the success of
offshore aquaculture projects;
(B) the degree of involvement of coastal or
adjacent States or Tribal or Indigenous communities in
consultations for, planning for, or operations of
offshore aquaculture;
(C) safety protocols and risk mitigation measures
for the permitting and oversight processes for offshore
aquaculture, including--
(i) escape prevention measures;
(ii) emergency event response planning;
(iii) compliance monitoring, particularly
in remote locations;
(iv) compliance with Federal laws;
(v) mechanisms for reporting to appropriate
Federal authorities; and
(vi) vessel navigation aids to ensure
navigational safety;
(D) the effect of incentives to reduce adverse
effects or disparate impacts from offshore aquaculture
operations;
(E) building and optimizing synergies between
offshore aquaculture and wild-caught fishing
activities, or offshore, nearshore, and onshore
aquaculture activities, including market development,
increasing seafood consumption, and shared
infrastructure;
(F) the environmental effects of offshore
aquaculture operations, including mechanisms to prevent
harm to the environment, wildlife, or human well-being;
(G) the net economic and social benefits of
offshore aquaculture projects, particularly for nearby
communities, specially affected coastal jurisdictions
as defined in section 202(e), and aquaculture and
fishery stakeholders, based on project size, regulatory
structures, and financing structures;
(H) the impact of introducing offshore aquaculture
products to the marketplace on supply and demand for
wild-capture fisheries products, and methods for
ensuring resiliency and growth for both offshore
aquaculture and wild-capture fisheries products;
(I) mechanisms to enhance capital investment,
workforce development, and equitable opportunity
requirements or assistance programs in the permitting
process for offshore aquaculture, or to diversify
permit applicants;
(J) outstanding needs for continued research,
development, education activities, programs, and
funding regarding--
(i) offshore aquaculture projects; and
(ii) development of the domestic workforce
and entrepreneurship related to offshore
aquaculture;
(K) the economic potential for both large- and
small-scale offshore aquaculture operations to generate
a positive return on investment under various
regulatory and financing structures;
(L) the applicability and sufficiency of existing
regulatory systems for offshore aquaculture; and
(M) existing local, State, Federal, and foreign
regulatory standards that may serve as models for
efficient and effective regulation of offshore
aquaculture; and
(3) include such recommendations as the Comptroller General
may have with respect to future offshore aquaculture
operations, including with respect to--
(A) regulatory processes necessary for permitting,
monitoring, and oversight, including processes and
techniques related to siting, deployment, operations,
and decommissioning;
(B) potential safeguards, data collection, or
monitoring required to minimize disparate impacts on
specially affected coastal jurisdictions (as defined in
section 202(e)), fishery stakeholders, local economies,
marine environments, and existing domestic economic
sectors;
(C) mechanisms for optimizing coordination among
Federal agencies with a role in permitting or
supporting offshore aquaculture without compromising
the goals of such permitting;
(D) methods for effectively involving aquaculture
stakeholders, including--
(i) specially affected coastal
jurisdictions (as defined in section 202(e));
(ii) local communities;
(iii) regional offshore waters users and
management groups, including regional fishery
management councils; and
(iv) users of local, State, Tribal, and
Federal waters and coastal resources;
(E) best practices for incorporating local
knowledge, including from Tribal or Indigenous
communities;
(F) capabilities of Federal agencies that are
necessary for effective regulation of the offshore
aquaculture sector; and
(G) how creating private rights of action or
waiving sovereign immunity would affect the development
of offshore aquaculture projects and the acceptance of
such projects by nearshore and offshore waters user
groups and coastal communities.
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