No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2586 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2586
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 SENATE OF THE UNITED STATES
July 31, 2025
Mr. Wicker (for himself and Mr. Schatz) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 2025'' or the ``MARA Act of 2025''.
(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.
Sec. 303. Working waterfronts preservation grant program.
Sec. 304. Outreach on sustainable offshore aquaculture.
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; and
(5) to reduce the United States seafood trade deficit by
expanding the domestic supply of seafood through the production
of sustainable offshore aquaculture.
SEC. 3. DEFINITIONS.
In this Act:
(1) 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 and rearing of
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; or
(ii) the practice of 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;
(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 larval marine shellfish species that
self-recruit 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, viable gametes, or
fertilized eggs spawned by farmed organisms from offshore
aquaculture 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) fishing vessel crews;
(C) fish processor and distribution workers;
(D) recreational fisheries;
(E) Tribal fisheries; and
(F) territorial fishing communities, including such
communities in American Samoa, Guam, the Commonwealth
of the Northern Mariana Islands, Puerto Rico, and the
United States Virgin Islands.
(11) 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).
(12) 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).
(13) 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.
(14) 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.
(15) 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)).
(16) Offshore aquaculture.--The term ``offshore
aquaculture'' means aquaculture conducted in the exclusive
economic zone.
(17) 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.
(18) State.--The term ``State'' means each of the several
States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
(19) Tribal fishery.--The term ``Tribal fishery'' means a
fishery that is--
(A) owned, operated, or managed by a Tribal or
Indigenous community; or
(B) located in an area--
(i) that is subject to the jurisdiction of
an Indian Tribe; and
(ii) for which the Indian Tribe has
sovereign authority over fishing activity in
the area.
(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).
(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.--
(1) In general.--The Office shall--
(A) coordinate the implementation of this Act,
including administration of--
(i) the aquaculture research program
established under subsection (e);
(ii) the offshore aquaculture assessment
program established under section 201; and
(iii) the issuance of permits under section
202;
(B) coordinate regulatory, scientific, outreach,
and international issues related to aquaculture within
the Administration;
(C) collaborate with and leverage existing efforts
by the national sea grant college program--
(i) to conduct outreach, education,
extension services, and training efforts for
aquaculture and offshore aquaculture; and
(ii) to engage with aquaculture
stakeholders and, from time to time, convene
conferences for aquaculture stakeholders to
exchange information and ideas;
(D) maintain aquaculture capacity in the regions
covered by the regional fisheries offices of the
Administration;
(E) develop recommendations for performance
standards for offshore aquaculture operations that, at
a minimum--
(i) encourage development of offshore
aquaculture in a manner that complies with
environmental law;
(ii) are based on the best scientific
information available;
(iii) take into account traditional
knowledge of Tribal and Indigenous communities
as appropriate to the region;
(iv) are adaptive to offshore aquaculture
developments, such as updates in technology and
changes in environmental conditions; and
(v) prefer species that are native or
historically naturalized to the region; and
(F) prioritize the health of cultured species.
(2) Agreements with states.--
(A) In general.--Upon request of the Governor of a
coastal State, the Office shall enter into an agreement
with the State to allow the State, and aquaculture
stakeholders in the State as appropriate, to
participate in the activities authorized under sections
201 and 203 and titles III and IV, as though--
(i) the aquaculture conducted in the
State's coastal waters were offshore
aquaculture; and
(ii) facilities for aquaculture in the
State's coastal waters were offshore
aquaculture facilities.
(B) Rule of construction.--Nothing in this
paragraph or in any agreement entered into under this
paragraph shall be construed to affect the authority of
the Administrator to issue permits for or regulate
aquaculture in State waters, except as expressly
provided in such an agreement.
(e) Aquaculture Research Program and Duties.--
(1) In general.--The Administrator shall establish, and
provide resources (in addition to the resources required under
subsection (b)) for, an aquaculture research program that draws
upon the scientific capacity of programs of the Administration,
such as the Fisheries Science Centers, the national sea grant
college program, and the National Centers for Coastal Ocean
Science, to support the efforts of the Office to implement this
Act.
(2) Functions.--As part of the aquaculture research program
established under paragraph (1), the Office shall--
(A) ensure that commercial-scale offshore
aquaculture demonstration projects for which permits
are issued under section 202 are scientifically
monitored to support the implementation of this Act;
(B) evaluate data;
(C) conduct additional research to support the
development of sustainable offshore aquaculture;
(D) administer support for industry under section
301;
(E) administer the Aquaculture Centers of
Excellence under section 302;
(F) administer the contract to conduct the study
described in section 401; and
(G) 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.
(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 to the extent possible, including high wind
speeds or high-energy ocean conditions associated with
severe weather, or tidal or tsunami activity, without--
(i) escapes;
(ii) loss of or damage to infrastructure;
or
(iii) wildlife entanglement resulting from
loss or damaged infrastructure;
(B) to prevent adverse wildlife impacts to the
extent possible, including 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 adverse impacts on the marine
environment to the extent possible, including impacts
to habitat, water chemistry, and wildlife; and
(D) to prevent adverse impacts on navigation and
safety, to the extent possible, 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 species of
finfish in different geographies and under varying climactic
and ecological conditions.
(c) Report Required.--Not later than 2 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.
(2) A summary of the information submitted to the
Administrator for each such demonstration project.
(3) A description of the progress made toward meeting the
objective described in subsection (a).
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 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) incorporate design and operational practices that
minimize the risk of escape, wildlife entanglement, and adverse
pollution impacts;
(4) 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 and on
other uses of the water body in which the project is located;
(5) comply with all applicable requirements of--
(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.);
(6) 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;
(7) conform to best practices to avoid or minimize the use
of antibiotics and other pharmaceuticals and minimize the
release of such pharmaceuticals into the environment; and
(8) be designed and managed in partnership with--
(A) a land-grant college or university (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103));
(B) a historically black college or university (as
defined by the term ``part B institution'' in section
322 of the Higher Education Act of 1965 (20 U.S.C.
1061));
(C) a 1994 Institution (as defined in section 532
of the Equity in Educational Land-Grant Status Act of
1994 (Public Law 103-382; 7 U.S.C. 301 note)); or
(D) a sea grant college (as defined in section 203
of the National Sea Grant College Program Act (33
U.S.C. 1122)).
(c) Authorized Activities.--A person that holds a permit for a
demonstration project issued under subsection (a) may conduct offshore
aquaculture consistent with--
(1) this Act, including regulations prescribed to carry out
this Act; and
(2) other applicable provisions of law, including
regulations.
(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
or research operations;
(2) the type of aquaculture operations that will be
conducted at all facilities described in paragraph (1);
(3) the cultured species, or a specified range of 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 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; and
(E) 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 Objections.--
(1) In general.--The Administrator shall--
(A) not later than 90 days after receiving an
application under this section, publish in the Federal
Register a notice summarizing the application; and
(B) invite and consider public comments, and formal
objections from any Governor or Tribal leader of a
specially affected coastal jurisdiction, on
applications for permits under this section.
(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.
(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 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, the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other
applicable law;
(B) if the Administrator determines that the
application does not comply with the requirements
described in subparagraph (A) and 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; 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.
(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 does not take action
under subparagraph (A), (B), or (C) of
paragraph (1) within 90 days after the
conclusion of the period for public comments
under subsection (e) with respect to the
application;
(ii) no formal objection to the application
has been received from the Governor or Tribal
leader of a specially affected coastal
jurisdiction (as defined in subsection (e));
and
(iii) the Administrator has determined that
the application complies with the requirements
described in paragraph (1)(A).
(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 (k).
(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 (j)(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.
(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 a violation of--
(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 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.).
SEC. 203. COORDINATION OF PERMIT REVIEWS FOR DEMONSTRATION PROJECTS.
(a) In General.--The Administration shall serve as the lead Federal
agency for purposes of providing information on Federal permitting
requirements for demonstration projects under section 202.
(b) Informal Consultations.--
(1) In general.--The Administrator shall convene
representatives of the agencies described in paragraph (2) to
provide prospective applicants for permits for demonstration
projects under section 202 an opportunity for informal
consultation with such agencies.
(2) Agencies described.--The agencies described in this
paragraph are the following:
(A) The Department of Agriculture.
(B) The Environmental Protection Agency.
(C) The Army Corps of Engineers.
(D) The Department in which the Coast Guard is
operating.
(E) The Department of Defense.
(F) Any other agency the Administrator considers
appropriate.
(3) Rule of construction.--Nothing in this subsection shall
preclude an applicant or a prospective applicant from
contacting Federal agencies directly.
(c) 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.
(d) 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 180
days after the submission of the application.
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 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) Data necessary for the Ocean Studies Board of the
National Academies of Sciences, Engineering, and Medicine to
complete the study described in section 401.
(6) 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 stakeholders; and
(B) the economic and social benefits of the
demonstration project for nearby coastal communities.
(7) Information on navigation and safety impacts to
existing ocean users.
(8) Such additional information as the Administrator
requires to fulfill the goals and objective 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.
SEC. 205. RULE OF CONSTRUCTION; SAVINGS PROVISIONS.
(a) Rule of Construction.--Any requirement in this title to
identify or consider an impact or effect on human health or the
environment shall be construed as including a requirement to make such
identification or consideration while taking into account--
(1) the cumulative impact of such impact or effect in the
context of all sources of emissions, discharges, or releases
from any source, past, present, or in the reasonably
foreseeable future, on the affected environment and population;
(2) any characteristics of such environment and population
that may heighten vulnerability to environmental pollution and
related health risks; and
(3) any action or practice that, even if appearing neutral,
has the effect of subjecting individuals to discrimination on
the basis of race, color, or national origin.
(b) 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.
(c) 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) In General.--The Administrator shall support the development of
offshore aquaculture consistent with this Act and other applicable
Federal law.
(b) Marketing and Promotion Grants.--The Administrator, in
consultation with private sector aquaculture stakeholders, shall
establish and administer a grant program to support the sale and public
perception of cultured species domestically and internationally.
(c) Workforce Development Grants.--
(1) In general.--The Administrator, in consultation with
private sector operators of offshore aquaculture facilities,
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).
(d) 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.
(e) 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.
(f) 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.
(g) Capital Markets.--
(1) Provision of information.--In order to enhance access
to capital markets, the Administrator shall provide financial
institutions and investment firms with objective, science-based
information on offshore aquaculture and the Federal regulatory
regime for offshore aquaculture.
(2) Economic analysis.--The Administrator shall provide
economic analysis to answer queries regarding the value of
offshore aquaculture assets to secure financing, such as
equipment, governmental permits, inventory, and intellectual
property.
(3) Collaboration.--In order to achieve the goals of this
subsection, the Administrator is encouraged to collaborate with
the Secretary of Agriculture, the Secretary of the Treasury,
and the regional networks established under subsection (d).
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.
SEC. 303. WORKING WATERFRONTS PRESERVATION GRANT PROGRAM.
(a) In General.--The Secretary of Commerce, acting through the
Assistant Secretary of Commerce for Economic Development (referred to
in this section as the ``Secretary''), shall award grants, on a
competitive basis, that support the commercial fishing industry, the
aquaculture industry, the for-hire recreational fishing industry, or
the boatbuilding industry in coastal States.
(b) Application.--An entity desiring a grant under this section
shall submit to the Secretary an application containing such
information as the Secretary may reasonably require.
(c) Considerations.--In selecting entities to receive a grant under
this section, the Secretary shall give substantial weight to--
(1) the economic significance of a project to the
commercial fishing industry, the aquaculture industry, the for-
hire recreational fishing industry, or the boatbuilding
industry in the immediate vicinity and in the coastal State in
which the project is located;
(2) the availability of waterfront access points for the
commercial fishing industry, the aquaculture industry, the for-
hire recreational fishing industry, or the boatbuilding
industry within the community in which the entity seeks to
carry out the project;
(3) the utility of the project for use in the commercial
fishing industry, the aquaculture industry, the for-hire
recreational fishing industry, or the boatbuilding industry
with respect to the natural characteristics and developed
infrastructure of the community in which the project will be
located;
(4) whether the entity has a business plan for the project;
(5) anticipated or likely impacts of the project on
existing uses, including commercial fishing, aquaculture,
offshore aquaculture, for-hire recreational fishing, or
boatbuilding;
(6) the ability of the entity to demonstrate a need, or
support, for the project within that community; and
(7) if the project will confer property protection
benefits, and the duration of those benefits.
(d) Cost-Sharing.--A grant under this section for a project may not
exceed 50 percent of the total cost of the project.
(e) Improved or Protected Property.--
(1) In general.--A grant under this section may be used to
improve or protect privately-owned real property or interests
in privately-owned real property, including easements, only
from willing owners.
(2) No exercise of eminent domain.--No Federal, State, or
local agency may exercise the power of eminent domain to secure
title to any real property or facilities in connection with a
project carried out with a grant under this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2026 through 2030.
SEC. 304. OUTREACH ON SUSTAINABLE OFFSHORE AQUACULTURE.
(a) In General.--The Administrator shall conduct outreach on
sustainable offshore aquaculture to promote understanding, science-
based decision making, and commercial adoption.
(b) Engagement.--In carrying out subsection (a), the Administrator
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.
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) assimilation of pollution originating
from offshore aquaculture facilities on marine
organisms;
(iii) abandoned, lost, damaged or otherwise
discarded equipment;
(iv) harmful interactions with wildlife;
(v) interbreeding between cultured species
and native marine species;
(vi) the spread of disease from cultured
species to 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-
feed bivalve organisms and seaweed;
(ix) offshore aquaculture facilities acting
as aggregating devices and increasing the
vulnerability of wild fisheries and wildlife
populations to fishing or other sources of
mortality;
(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 conflicts between offshore
aquaculture facilities and other users of the offshore
environment, and solutions to mitigate such conflicts;
(F) the types of 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))); and
(ii) the traditional knowledge of Tribal
and Indigenous communities; and
(G) best practices for offshore aquaculture siting
and operations to manage and plan for predicted changes
in global atmospheric and oceanographic conditions; 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 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 during the 15-year
period ending on such date of 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 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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