[Congressional Record (Bound Edition), Volume 151 (2005), Part 9]
[Senate]
[Page 11866]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 766. Mr. INOUYE (for himself and Mr. Stevens) submitted an 
amendment intended to be proposed by him to the bill S. 1195, to 
provide the necessary authority to the Secretary of Commerce for the 
establishment and implementation of a regulatory system for offshore 
aquaculture in the United States Exclusive Economic Zone, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike paragraph (4) of section 4(a) and insert the 
     following:
       (4) An offshore aquaculture permit holder shall be--
       (A) a citizen or resident of the United States; or
       (B) a corporation, partnership, or other entity organized 
     and existing under the laws of a State or the United States.
                                 ______
                                 
  SA 767. Mr. INOUYE (for himself and Mr. Stevens) submitted an 
amendment intended to be proposed by him to the bill S. 1195, to 
provide the necessary authority to the Secretary of Commerce for the 
establishment and implementation of a regulatory system for offshore 
aquaculture in the United States Exclusive Economic Zone, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 5(a) and insert the following:
       (a) Environmental Requirements.--The Secretary shall 
     consult as appropriate with other Federal agencies, the 
     coastal States, and regional fishery management councils 
     established under the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.) to identify the 
     environmental requirements applicable to offshore aquaculture 
     under existing laws and regulations. The Secretary shall 
     establish additional environmental requirements for offshore 
     aquaculture facilities in consultation with appropriate 
     Federal agencies, coastal States, regional fishery management 
     councils, and the public needed to address any environmental 
     risks and impacts associated with such facilities. 
     Environmental requirements may include, but are not limited 
     to, environmental monitoring, data archiving, and reporting 
     by the permit holder, as deemed necessary or prudent by the 
     Secretary. The environmental requirements shall address risks 
     to and impacts on--
       (1) natural fish stocks, including safeguards needed to 
     conserve genetic resources and prevent or minimize the 
     transmission of disease, parasites, or invasive species to 
     wild stocks,
       (2) marine ecosystems,
       (3) biological, chemical and physical features of water 
     quality and habitat,
       (4) marine mammals, other forms of marine life, birds, and 
     endangered species, and
       (5) other features of the environment,
     as identified by the Secretary, in consultation as 
     appropriate with other Federal agencies.
                                 ______
                                 
  SA 768. Ms. SNOWE (for herself, Mr. Stevens, and Mr. Inouye) 
submitted an amendment intended to be proposed by her to the bill S. 
1195, to provide the necessary authority to the Secretary of Commerce 
for the establishment and implementation of a regulatory system for 
offshore aquaculture in the United States Exclusive Economic Zone, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike paragraph (8) of section 4(a).
                                 ______
                                 
  SA 769. Mr. STEVENS (for himself and Mr. Inouye) submitted an 
amendment intended to be proposed by him to the bill S. 1195, to 
provide the necessary authority to the Secretary of Commerce for the 
establishment and implementation of a regulatory system for offshore 
aquaculture in the United States Exclusive Economic Zone, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ------. STATE OPT-OUT.

       (a) In General.--Notwithstanding any other provision of 
     this Act, if Secretary receives notice in writing from the 
     chief executive officer of a coastal State that the State 
     does not wish to have the provisions of this Act apply in the 
     State's seaward portion of the Exclusive Economic Zone, 
     then--
       (1) the provisions of sections 4 shall not apply in that 
     portion of the Exclusive Economic Zone more than 30 days 
     after the date on which the Secretary receives the notice;
       (2) no permit issued under this Act shall be valid in that 
     portion of the Exclusive Economic Zone more than 30 days 
     after the date on which the Secretary receives the notice; 
     and
       (3) the Secretary may not utilize the personnel, services, 
     equipment, or facilities of that State under section 7 more 
     than 30 days after the date on which the Secretary receives 
     the notice.
       (b) Termination of Aquaculture Activities.--If the 
     Secretary receives the notice described in subsection (a) 
     after an offshore aquaculture facility has been established 
     under this Act in the State's seaward portion of the 
     Exclusive Economic Zone or permits have been granted under 
     this Act with respect to that area, the Secretary shall--
       (1) revoke any such permit or limit its application to 
     areas not included in the State's seaward portion of the 
     Exclusive Economic Zone;
       (2) order the closure of the facility within a period of 
     not more than 30 days and provide for an orderly phase out of 
     any activities associated with the facility under this Act; 
     and
       (3) take any other action necessary to ensure that the 
     provisions of this Act (other than this section) are not 
     applied within that area.
       (c) Revocation.--The chief executive officer of a State 
     that has transmitted a notice to the Secretary under 
     subsection (a) may revoke that notice at any time in writing.
       (d) Definitions.--
       (1) Coastal state.--The term ``coastal State'' has the same 
     meaning as given that term in section 304(4) of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1453(4).
       (2) State seaward portion of the exclusive economic zone.--
       (A) In general.--In this section, the term ``State's 
     seaward portion of the Exclusive Economic Zone'' shall be 
     determined by extending the seaward boundary (as defined in 
     section 2(b) of the Submerged Lands Act (43 U.S.C. 1301(b))) 
     of each coastal State seaward to the edge of the Exclusive 
     Economic Zone.
       (B) Limitation.--Nothing in paragraph (1) shall be 
     construed to give a State any right, title, authority, or 
     jurisdiction over that portion of the Exclusive Economic Zone 
     described in paragraph (1).

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