Advancing the Quality and Understanding of American Aquaculture Act or the AQUAA Act
This bill establishes national standards for sustainable offshore aquaculture.
The bill directs the Department of Commerce to create an Office of Offshore Aquaculture within the National Oceanic and Atmospheric Administration to coordinate regulatory, scientific, outreach, and international issues related to aquaculture.
The bill also establishes a unified permitting and review process for aquaculture operations.
Commerce must establish a research and development grant program to promote research and extension activities, including to (1) create innovative design and engineering solutions to common obstacles within the aquaculture industry; (2) evaluate the role of genetics in relation to brood stock production, disease management, and interactions between cultured species and wild stocks; and (3) improve techniques for monitoring, assessing, and addressing environmental impacts of aquaculture and develop and evaluate methodologies to prevent, minimize, and mitigate potential adverse environmental impacts.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6191 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6191
To establish a regulatory system for sustainable offshore aquaculture
in the United States exclusive economic zone, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2020
Mr. Peterson (for himself and Mr. Palazzo) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committee on Agriculture, 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 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.
(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.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--NATIONAL STANDARDS
Sec. 101. National standards for sustainable offshore aquaculture.
TITLE II--CORE ACTIVITIES
Sec. 201. Offshore aquaculture permits.
Sec. 202. Enterprise zones.
TITLE III--REFINEMENTS
Sec. 301. Protection of offshore aquaculture facilities.
Sec. 302. Recordkeeping and access to information.
Sec. 303. Marine feed standards.
TITLE IV--ADMINISTRATIVE PROVISIONS
Sec. 401. Office of Offshore Aquaculture.
Sec. 402. Domestic aquaculture production.
Sec. 403. Outreach and education for offshore aquaculture.
Sec. 404. Administration.
Sec. 405. Report.
Sec. 406. Extension of permit terms.
Sec. 407. Interagency coordination of offshore aquaculture.
Sec. 408. Prohibited acts.
Sec. 409. Enforcement.
Sec. 410. Authorization of appropriations.
TITLE V--RESEARCH AND DEVELOPMENT
Sec. 501. Research and development grant programs.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to support the development of a sustainable aquaculture
industry in the United States;
(2) to develop sustainable offshore aquaculture as a tool
to support sustainable marine fisheries and ecosystem-based
management;
(3) to simplify 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 partners; and
(6) to reduce the United States seafood trade deficit by
expanding the domestic supply of seafood through domestic
aquaculture.
SEC. 3. DEFINITIONS.
(a) In General.--In this Act:
(1) Aquaculture.--The term ``aquaculture'' has the meaning
given such term in section 3 of the National Aquaculture Act of
1980 (16 U.S.C. 2803).
(2) Aquaculture stakeholder.--The term ``aquaculture
stakeholder'' means owners and operators of offshore
aquaculture facilities, Regional Fishery Management Councils,
conservation organizations, fisheries associations, State,
county, and Tribal governments, and other interested
stakeholders. 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) Broodstock.--The term ``broodstock'' means individuals
of any aquatic species maintained for the purpose of
propagating, reestablishing, or enhancing a supply of stock to
be reared for offshore aquaculture. The term includes
individuals collected from the wild at any life history stage
and reared in captivity.
(5) Cultured species.--The term ``cultured species'' means
any aquatic species propagated from broodstock and transferred
to a marine aquaculture facility or species that self-recruit
in the offshore environment. The term excludes any member of
the class aves, reptilia, or mammalia.
(6) 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 3 marine leagues from the
coastline of the Commonwealth of Puerto Rico;
(iii) in the case of American Samoa, the
United States Virgin Islands, and 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.
(7) Healthy target stock.--The term ``healthy target
stock'' means a component of a fishery targeted for harvest
that is not overfished or experiencing overfishing and that is
managed to achieve a target not to exceed a level consistent
with maximum sustainable yield, taking into account any
relevant economic, social, or ecological factor.
(8) 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.).
(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) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of Commerce.
(13) Sustainably managed fishery.--The term ``sustainably
managed fishery'' means a fishery 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.
(b) Aquaculture Defined.--Section 3 of the National Aquaculture Act
of 1980 (16 U.S.C. 2803) is amended by striking paragraph (1) and
inserting the following:
``(1) The term `aquaculture' means any activity involved in
the propagation, rearing, or attempted propagation or rearing,
of cultured species.''.
TITLE I--NATIONAL STANDARDS
SEC. 101. NATIONAL STANDARDS FOR SUSTAINABLE OFFSHORE AQUACULTURE.
(a) In General.--Any regulation promulgated to implement this Act,
any permit issued under this Act, and any assessment or impact
statement required by the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for activities proposed under this Act shall be
consistent with the following national standards for sustainable
offshore aquaculture:
(1) Sustainable offshore aquaculture shall strengthen
coastal and marine ecosystems by reducing pressure on
fisheries, enhancing essential fish habitat, preserving water
quality, or enhancing native stocks.
(2) Sustainable offshore aquaculture shall be based on the
best scientific information available.
(3) Sustainable offshore aquaculture shall avoid adverse
environmental impacts to coastal and marine ecosystems,
especially with regard to habitat, and water quality, caused by
disease, escapements, and the effects of nonnative species.
(4) Sustainable offshore aquaculture shall prioritize feeds
sourced from sustainable ingredients and avoid using feeds
harvested from illegal, unreported, and unregulated fishing.
(5) Sustainable offshore aquaculture shall be conducted to
minimize impacts, to the extent practicable, on other uses of
the exclusive economic zone by Federal and non-Federal
entities.
(6) Sustainable offshore aquaculture shall take into
account the importance of fishery resources to fishing
communities in order to, to the extent practicable, minimize
adverse economic impacts on such communities.
(7) Sustainable offshore aquaculture management measures
shall, to the maximum extent practicable, minimize costs and
avoid unnecessary duplication.
(8) Sustainable offshore aquaculture management measures
shall avoid unnecessary risks to human life and the safety of
human life at sea.
(b) 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 preparation of any application for
a permit under this Act, or assessment or impact statement required
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for activities proposed under such Act.
TITLE II--CORE ACTIVITIES
SEC. 201. 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 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
(3) issuance of the offshore aquaculture permit is not
prohibited under section 408.
(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 any on-shore
facilities;
(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 ways in which the permit holder will comply
with the national standards for sustainable offshore
aquaculture described in section 101;
(E) plans to respond to--
(i) a natural disaster;
(ii) an escapement; and
(iii) disease; 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 in the
fisheries management region under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.), where the proposed offshore aquaculture
facility will be sited, and if the proposed site is
within 100 miles of another such fisheries management
region, the Secretary shall provide the same notice to
the governor of every State and territory in that
region; and
(B) provide public notice and an opportunity for
public comment 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 parties 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 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, if the Secretary determines
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 a State or the United States; and
(ii) is not State-owned or majority-
controlled by a State-owned enterprise.
(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
(B) specify in each offshore aquaculture permit the
duration, size, and location of the offshore
aquaculture facility.
(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) Enterprise zone.--A permit issued for offshore
aquaculture to be conducted in an enterprise zone as
provided in section 202 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 (n)(1), in consultation with the
Secretary of the Interior, except that the permit shall
expire not later than the date that the lessee or the
lessee's operator submits, to the Secretary of the
Interior, a final application for the decommissioning
and removal of an existing facility upon which an
offshore aquaculture facility is located.
(f) Renewal.--The Secretary may renew an offshore aquaculture
permit that has not been revoked for an additional 15- or 25-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; and
(3) the permit has not been modified because of emergency
considerations.
(g) 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 408;
(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 or Federal disaster declaration. Such
disaster declarations shall be carried out in a manner
consistent with title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.).
(h) 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.
(i) Emergency Determination.--If the Secretary determines that an
emergency exists that poses a significant risk to the safety of humans,
to the marine environment, to cultured species, to a marine species, or
to the security of the United States and that requires suspension,
modification, or revocation of an offshore aquaculture permit, the
Secretary may suspend, modify, or revoke the permit for such time as
the Secretary determines is necessary to address the emergency. The
Secretary shall afford the permit holder a prompt post-suspension,
post-modification, or post-revocation opportunity to be heard regarding
the suspension, modification, or revocation.
(j) Fees.--
(1) Establishment.--
(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--
(i) be set as an amount such that the total
revenue from such fees does not exceed the
amount required to cover the costs of
management, data collection, analysis,
inspection, and enforcement activities related
to permits under this section; and
(ii) provide adequate resources to cover
the costs of the inspections required under
section 302(f).
(2) Waivers.--The Secretary may waive, in whole or in part,
any fee under this section if an offshore aquaculture facility
is used primarily for research.
(3) Guarantees.--The Secretary shall require a permit
holder to post a bond or other form of financial guarantee in
an amount determined by the Secretary, to be reasonable and
commensurate with the aquaculture operation and as sufficient
to cover, without duplication--
(A) any unpaid fees;
(B) the cost of removing an offshore aquaculture
facility at the expiration or revocation of an offshore
aquaculture permit;
(C) the cost of site remediation for impacts
arising from activities; or
(D) any other financial risks identified by the
Secretary.
(k) 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.).
(l) 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.
(m) 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.
(n) 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, 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
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.).
(o) Assurance of Animal Health.--
(1) In general.--Nothing in this section shall affect the
authority of the Secretary of Agriculture to--
(A) carry out the Animal Health Protection Act (7
U.S.C. 8301 et seq.) with respect to cultured species
in the exclusive economic zone; or
(B) operate as the lead Federal agency for
providing animal health oversight for cultured species
in the exclusive economic zone.
(2) Criteria for practicing veterinary medicine in waters
outside state jurisdiction.--A veterinarian may practice
veterinary medicine in waters outside State jurisdiction if the
veterinarian--
(A) is licensed and in good standing to practice
veterinary medicine in any State;
(B) holds a category II veterinary accreditation
from the Animal and Plant Health Inspection Service
that includes completion of aquatic animal health
modules of the Animal and Plant Health Inspection
Service; and
(C) has a valid veterinarian client-patient
relationship with the facility in which he or she is
practicing veterinary medicine.
(p) Existing Permits and Applications.--
(1) In general.--Beginning on the date of enactment, any
new permit issued shall be in accordance with the permit
authority created by this Act.
(2) Preexisting permits.--Permits in effect prior to the
date of enactment shall remain in effect under the permit
authority created by this Act.
(3) Prioritization of active applications.--A permit
application submitted prior to the date of enactment shall be
eligible for priority processing under the application
authority created by this Act.
SEC. 202. ENTERPRISE ZONES.
(a) In General.--
(1) Development.--The Secretary shall develop, consistent
with this section, enterprise zones for sustainable offshore
aquaculture.
(2) Consultation with states and territories.--The
Secretary shall provide notice to the Governor of every State
or territory in the fisheries management region under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), regarding proposed enterprise zone
locations. When the proposed site is within 100 miles of
another such fisheries management region, the Secretary shall
provide the same notice to the Governor of every State and
territory in that region. Governors may submit comments to the
Secretary, and the Secretary shall consult with interested
Governors in the development of enterprise zones under this
section.
(3) Regional siting workshops.--The Secretary shall, in
each geographical region covered by a Regional Fishery
Management Council under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.),
conduct informal workshops as necessary or advisable to solicit
public feedback on potential sites for enterprise zones for
sustainable offshore aquaculture.
(4) Preliminary determination.--Based on public feedback
under paragraph (3), the Secretary shall make a preliminary
determination of areas of the exclusive economic zone that may
be highly favorable for offshore aquaculture and likely
compatible with other uses of such areas.
(5) Pilot projects.--In order to test the viability of
sustainable offshore aquaculture in an enterprise zone, the
Secretary may support demonstration projects in each enterprise
zone as warranted and consistent with the national standards
for sustainable offshore aquaculture in section 101. Such
demonstration projects shall comply with this Act and all
applicable Federal law.
(6) Programmatic environmental impact statements.--If the
Secretary determines that further sustainable offshore
aquaculture is viable in a particular region, the Secretary
shall consider and implement the most efficient process under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), including programmatic environmental impact
statements, to facilitate further sustainable offshore
aquaculture, in accordance with the following:
(A) Such programmatic environmental impact
statements need not cover the entirety of the exclusive
economic zone, but the Secretary shall attempt to
provide coverage in each area of the exclusive economic
zone, including the East Coast, Gulf Coast, West Coast,
and other areas of the Atlantic and Pacific in the
jurisdiction of the United States.
(B) Nothing in this section shall be construed to
change, alter, or supersede the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(b) Spatial Data.--To support the implementation of subsection (a),
the National Oceanic and Atmospheric Administration shall collect and
curate spatial data relevant to aquaculture, and make such data
publicly available.
(c) Effects of Designation.--The enterprise zones established under
this section shall--
(1) offer a streamlined path forward for permitting
aquaculture facilities;
(2) provide the ability to conduct research on the
individual and cumulative impacts of such operating facilities;
and
(3) determine best practices for inclusion in the reports
established in section 405.
TITLE III--REFINEMENTS
SEC. 301. PROTECTION OF OFFSHORE AQUACULTURE FACILITIES.
(a) In General.--The Secretary may promulgate regulations that the
Secretary determines are reasonable and necessary to protect an
offshore aquaculture facility. When appropriate, the Secretary shall
request the Secretary of the department in which the Coast Guard is
operating to establish a navigational safety zone around an offshore
aquaculture facility.
(b) Navigational Safety Zone.--The Secretary of the department in
which the Coast Guard is operating--
(1) shall consult with the Secretary of the Interior before
designating a navigational safety zone around an offshore
aquaculture facility;
(2) after consultation with the Secretary, the Secretary of
State, and the Secretary of Defense, may designate a zone of
appropriate size around (and including) an offshore aquaculture
facility for the purpose of navigational safety; and
(3) may define, by regulation, permissible activities
within a navigational safety zone.
(c) Limitations.--No installation, structure, or use will be
allowed in a navigational safety zone that is incompatible with the
operation of the offshore aquaculture facility.
SEC. 302. RECORDKEEPING AND ACCESS TO INFORMATION.
(a) Regulations.--The Secretary, after consultation with other
interested Federal departments and agencies, shall prescribe by
regulation--
(1) the records that 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 include--
(A) data regarding escape events;
(B) the prevalence of disease in the offshore
aquaculture facility, including a description of
veterinary services provided for treatment; and
(C) other information, as the Secretary may
require; and
(4) any other recordkeeping that 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) 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 and sensitive personal information.
The Secretary shall establish procedures to protect confidential
business information and sensitive personal information from being
disclosed.
(e) Government Access.--Any Federal Government official with an
official responsibility for implementing and enforcing Federal law
applicable to maritime fishing, shipping, or conservation, shall have
reasonable access, at all times, to an offshore aquaculture facility
for which a permit is issued under this Act for the purpose of
enforcing the Federal law under the official's jurisdiction or
otherwise carrying out the official's responsibilities. Such an
official may inspect, at reasonable times, records, files, papers,
permits, processes, controls, and the offshore aquaculture facility and
may test any feature of the offshore aquaculture facility. Each
inspection shall be conducted with reasonable promptness. The permit
holder shall receive timely notification, in writing, of the results of
the inspection.
(f) Inspection.--
(1) Frequency.--The Secretary shall conduct--
(A) an annual inspection of offshore aquaculture
facilities for which a permit is issued under this Act
for the first 5 years after issuance of the permit; and
(B) a biennial inspection of such facilities
thereafter.
(2) Notice.--The Secretary shall provide reasonable notice
prior to site inspections at offshore aquaculture facilities
pursuant to paragraph (1).
(3) Facilities located on the outer continental shelf.--The
Secretary of the Interior, or a designee of such Secretary, is
authorized with inspection authority under this section for
offshore aquaculture facilities located on the outer
continental shelf.
SEC. 303. MARINE FEED STANDARDS.
The Secretary shall require that 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;
(2) employ traceability sufficient to credibly demonstrate
the ingredients were sourced from a sustainably managed
fishery; and
(3) are sourced from fisheries located in countries without
a Tier 3 or Tier 2 Watch List rating as determined by the
latest State Department Trafficking in Persons Report, and not
from vessels determined by Customs and Border Protection to be
engaged in forced labor.
TITLE IV--ADMINISTRATIVE PROVISIONS
SEC. 401. OFFICE OF OFFSHORE AQUACULTURE.
(a) Office of Offshore Aquaculture, Headquarters.--The Secretary
shall establish and provide resources for an Office of Offshore
Aquaculture within the National Marine Fisheries Service at the
National Oceanic and Atmospheric Administration headquarters.
(b) Office of Offshore Aquaculture, Regional Presence.--The
Secretary shall establish and provide resources for the Office of
Offshore Aquaculture to have a presence in each of the regional
fisheries offices of the National Oceanic and Atmospheric
Administration. Such presence shall, at a minimum, be sufficient to
fulfill the duties under subsection (c), but may be increased to the
extent warranted by the activity and interest of aquaculture
stakeholders in the region.
(c) Duties.--The Office of Offshore Aquaculture shall--
(1) implement this Act;
(2) coordinate regulatory, scientific, outreach, and
international issues related to aquaculture within the National
Oceanic and Atmospheric Administration;
(3) coordinate offshore aquaculture outreach, education,
extension services, and training efforts with the lead Federal
agency, the Department of Agriculture, with respect to national
aquaculture information; and
(4) maintain aquaculture divisions in each of the regional
fisheries offices of the National Oceanic and Atmospheric
Administration, including at least one Administration Regional
Aquaculture Coordinator in each such office.
(d) Offshore Aquaculture Subcommittee.--The Marine Fisheries
Advisory Committee shall designate the ``Offshore Aquaculture
Subcommittee'' as a permanent, standing subcommittee to serve as an
external board to advise the Secretary on aquaculture. The Offshore
Aquaculture Subcommittee shall coordinate with the National Sea Grant
Advisory Board, as appropriate.
(e) Coordination.--The Office of Offshore Aquaculture shall
coordinate its activities with the Offshore Aquaculture Subcommittee.
(f) 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. DOMESTIC AQUACULTURE PRODUCTION.
(a) In General.--The Secretary of Agriculture shall support the
development of sustainable aquaculture, consistent with this Act and
other applicable Federal law.
(b) Marketing and Promotion Grants.--The Secretary of Agriculture
shall, in consultation with industry and the Department of Commerce,
establish and administer a grant program to support the sale of
cultured species domestically and internationally.
(c) Workforce Development.--The Secretary of Agriculture shall, in
consultation with industry and academic institutions, 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 Offshore Aquaculture Expertise Networks.--The
Secretary shall organize through each regional fisheries office of the
National Oceanic and Atmospheric Administration a network of 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, land-grant
universities, 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.
(e) Aquaculture Database.--
(1) Establishment and maintenance.--The Secretary of
Agriculture shall establish and maintain an aquaculture
database. The aquaculture database shall include information on
research, technologies, monitoring techniques, best practices,
and advisory board recommendations.
(2) Privacy and confidentiality.--The Secretary shall make
the aquaculture database available in a manner that safeguards
confidential business information and guarantees respondents to
information requests that individual information will be kept
confidential. 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.
(3) Existing data sources.--In carrying out this
subsection, the Secretary of Agriculture shall utilize
preexisting data sources, including information obtained by the
National Agricultural Statistics Service, and information
services described under section (5)(c) of the National
Aquaculture Act of 1980 (16 U.S.C. 2804(c)).
SEC. 403. OUTREACH AND EDUCATION FOR OFFSHORE AQUACULTURE.
The Secretary, in coordination with the Secretary of the Department
of Agriculture, shall conduct outreach on sustainable offshore
aquaculture to promote understanding, science-based decision making,
and commercial adoption. The Secretary, and Secretary of Agriculture,
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, Indian Tribal
governments 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, and Regional
Fishery Management Councils as established under section 302 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1852), 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, Tribal governments, 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 201;
(E) procedures to minimize, as much as practicable,
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 303;
(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, and the amended
regulation shall apply, as of its effective date, to each
offshore aquaculture permit issued under this Act, regardless
of the date the permit was issued.
(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, the land, services, equipment, personnel, and facilities
of--
(1) any department, agency, or instrumentality of the
United States;
(2) any State, local government, Indian Tribal government,
Territory, or possession (or any political subdivision
thereof);
(3) any foreign government; or
(4) 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.
(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 and Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Natural Resources and Committee of
Agriculture 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 enterprise zones established under
section 202, 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 aquaculture
and offshore aquaculture in the United States;
(6) the Secretary's assessment of United States aquaculture
and offshore aquaculture in comparison to aquaculture in other
nations; and
(7) the Secretary's recommendations to improve United
States aquaculture and 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. EXTENSION OF PERMIT TERMS.
Upon a determination by the Secretary that a change to permit terms
established under this Act is warranted, the Secretary is authorized to
extend the terms of offshore aquaculture permits as follows:
(1) An offshore aquaculture permit term under section
201(e)(1) may be extended to a maximum of an additional 15
years subsequent to a renewal issued under section 201(f).
(2) An offshore aquaculture permit term under section
201(e)(2)(A) may be extended to a maximum of an additional 25
years subsequent to a renewal issued under section 201(f).
SEC. 407. INTERAGENCY COORDINATION OF OFFSHORE AQUACULTURE.
(a) In General.--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, and the
department in which the U.S. Coast Guard is operating to simplify the
Federal regulatory regime for sustainable offshore aquaculture and
safeguarding the marine environment, wild fish stocks, and coastal
communities. The Secretaries of the Interior, Agriculture, 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.
(b) 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, 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 a rulemaking for a unified permit
application, public notice, public comment, and Federal agency
comment period for all permits administered by such agency
heads relating to offshore aquaculture.
(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 responses
to applicants.
SEC. 408. 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
fish 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; or
(8) 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. 409. 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 nonreimbursable 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 408;
(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 fish (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 fish or fish 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 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 subsections (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 408 shall be liable to the United States for a
civil penalty. The amount of the civil penalty shall
not exceed the amount specified in section 308(a) of
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1858(a)) 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 408 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 408, 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 408, 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 fish (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 fish, or
components thereof, found in an offshore aquaculture
facility or on board a vessel 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 408 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 408 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 1 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. 410. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for the
purpose of carrying out this title--
(1) $60,000,000 for fiscal year 2020;
(2) $65,000,000 for fiscal year 2021;
(3) $70,000,000 for fiscal year 2022;
(4) $75,000,000 for fiscal year 2023; and
(5) $80,000,000 for fiscal year 2024.
TITLE V--RESEARCH AND DEVELOPMENT
SEC. 501. RESEARCH AND DEVELOPMENT GRANT PROGRAMS.
Subtitle L of the National Agricultural Research, Extension, and
Teaching Act of 1977 (7 U.S.C. 3321 et seq.) is amended by inserting
after section 1475 (7 U.S.C. 3322) the following:
``SEC. 1476. RESEARCH AND EXTENSION PROGRAM.
``(a) Aquaculture Research and Extension.--The Secretary shall
establish, in consultation with the Secretary of Commerce and other
applicable Federal agencies, coastal States, Tribal governments,
Regional Fishery Management Councils, academic institutions, and
interested stakeholders, a research and development grant program for
purposes of--
``(1) creating innovative design and engineering solutions
to common obstacles within the aquaculture industry;
``(2) enabling the transition of innovative aquaculture
technologies, including technologies focused on the
commercialization of high-value marine species, from laboratory
studies to commercial use;
``(3) evaluating the role of genetics in relation to brood
stock production, disease management, and interactions between
cultured species and wild stocks;
``(4) advancing research into the management, mitigation,
and prevention of cultured species diseases;
``(5) developing cost-effective feeds to optimize the use
of wild fish, fish oil, plants, and sources of protein and
lipids in aquaculture feeds and maintain the human health
benefits of cultured seafood;
``(6) improving techniques for monitoring, assessing, and
addressing environmental impacts of aquaculture and develop and
evaluate methodologies to prevent, minimize, and mitigate
potential adverse environmental impacts;
``(7) evaluating the potential for aquaculture to serve as
a tool for environmental management, including connections to
water quality, watershed management, and fishery conservation
and management;
``(8) evaluating the potential impact of offshore
aquaculture on the economies of coastal communities,
particularly those dependent on traditional fishery resources;
``(9) identifying barriers to entry in the offshore
aquaculture industry and propose solutions to overcome them;
``(10) studying the traditional aquaculture methods and
practices of Native Americans, Alaska Natives, and Native
Hawaiians to evaluate economic, environmental, and sociological
impacts; and
``(11) investigating other priority issues identified by
the Secretary.
``(b) Priority.--In making grants under this section, the Secretary
shall give priority to--
``(1) 1890 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(2) 1994 Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382)); and
``(3) Hispanic-serving institutions (as defined in section
1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)).
``(c) Coordination With Other Federal Programs.--The Secretary
shall--
``(1) coordinate aquaculture research and development
grants with other Federal programs that provide grant funding
for purposes similar to those under subsection (a); 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.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for the period of fiscal years 2021 through 2025.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E300)
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
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