I 

110TH CONGRESS 

1ST SESSION H. R. 2010 

To provide the necessary authority to the Secretary of Commerce for the 

establishment and implementation of a regulatory system for offshore 

aquaculture in the United States Exclusive Economic Zone, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2007 

Mr. RAHALL (for himself and Ms. BORDALLO) (both by request): introduced 

the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means and Foreign Affairs, 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 provide the necessary authority to the Secretary of Commerce for the establishment and implementation of a 

regulatory system for offshore aquaculture in the United 

States Exclusive Economic Zone, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Offshore 

5 Aquaculture Act of 2007’’. 


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1 SEC. 2. FINDINGS. 

2 (a) It is the policy of the United States to: 

3 (1) Support an offshore aquaculture industry 

4 that will produce food and other valuable products, 

5 protect wild stocks and the quality of marine eco6 systems, and be compatible with other uses of the 

7 Exclusive Economic Zone; 

8 (2) Encourage the development of environ9 mentally responsible offshore aquaculture by author10 izing offshore aquaculture operations and research; 

11 (3) Establish a permitting process for offshore 

12 aquaculture that encourages private investment in 

13 aquaculture operations and research, provides oppor14 tunity for public comment, and addresses the poten15 tial risks to and impacts (including cumulative im16 pacts) on marine ecosystems, human health and 

17 safety, other ocean uses, and coastal communities 

18 from offshore aquaculture; 

19 (4) Promote, through public-private partner20 ships, research and development in marine aqua21 culture science, technology, and related social, eco22 nomic, legal, and environmental management dis23 ciplines that will enable marine aquaculture oper24 ations to achieve operational objectives while pro25 tecting marine ecosystem quality. 


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1 (b) Offshore aquaculture activities within the Exclu2 sive Economic Zone of the United States constitute activi3 ties with respect to which the United States has pro4 claimed sovereign rights and jurisdiction under Presi5 dential Proclamation 5030 of March 10, 1983. 

6 SEC. 3. DEFINITIONS. 

7 As used in this Act— 

8 (a) The term ‘‘coastal State’’ means a state of the 

9 United States in, or bordering on, the Atlantic, Pacific, 

10 or Arctic Ocean, the Gulf of Mexico, or Long Island 

11 Sound. The term also includes Puerto Rico, the Virgin Is12 lands, Guam, the Commonwealth of the Northern Mariana 

13 Islands, the Trust Territories of the Pacific Islands, and 

14 American Samoa. 

15 (b) The term ‘‘coastline’’ means the line of ordinary 

16 low water along that portion of the coast that is in direct 

17 contact with the open sea and the line marking the sea18 ward limit of inland waters. 

19 (c) The term ‘‘Exclusive Economic Zone’’ means, un20 less otherwise specified by the President in the public in21 terest in a writing published in the Federal Register, a 

22 zone, the outer boundary of which is 200 nautical miles 

23 from the baseline from which the breadth of the territorial 

24 sea is measured, except as established by a maritime 

25 boundary treaty in force, or being provisionally applied by 


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1 the United States or, in the absence of such a treaty where 

2 the distance between the United States and another nation 

3 is less than 400 nautical miles, a line equidistant between 

4 the United States and the other nation. Without affecting 

5 any Presidential Proclamation with regard to the estab6 lishment of the United States territorial sea or Exclusive 

7 Economic Zone, the inner boundary of that zone is— 

8 (1) a line coterminous with the seaward bound9 ary of each of the several coastal States, as defined 

10 in 43 U.S.C. 1312; 

11 (2) a line three marine leagues from the coast12 line of the Commonwealth of Puerto Rico; 

13 (3) a line three geographical miles from the 

14 coastlines of American Samoa, the United States 

15 Virgin Islands, and Guam; 

16 (4) for the Commonwealth of the Northern 

17 Mariana Islands— 

18 (A) its coastline, until such time as the 

19 Commonwealth of the Northern Mariana Is20 lands is granted authority by the United States 

21 to regulate all fishing to a line seaward of its 

22 coastline, and 

23 (B) upon the United States’ grant of such 

24 authority, the line established by such grant of 

25 authority; and 


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1 (5) for any possession of the United States not 

2 referred to in subparagraph (2), (3), or (4), the 

3 coastline of such possession. 

4 Nothing in this definition shall be construed as dimin5 ishing the authority of the Department of Defense, the 

6 Department of the Interior or any other Federal depart7 ment or agency. 

8 (d) The term ‘‘lessee’’ means any party to a lease, 

9 right-of-use and easement, or right-of-way, or an approved 

10 assignment thereof, issued pursuant to the Outer Conti11 nental Shelf Lands Act, 43 U.S.C. 1331 et seq. 

12 (e) The term ‘‘marine species’’ means finfish, mol13 lusks, crustaceans, marine algae, and all other forms of 

14 marine life, excluding marine mammals and birds. 

15 (f) The term ‘‘offshore aquaculture’’ means all activi16 ties, including the operation of offshore aquaculture facili17 ties, involved in the propagation and rearing, or attempted 

18 propagation and rearing, of marine species in the United 

19 States Exclusive Economic Zone. 

20 (g) The term ‘‘offshore aquaculture facility’’ means: 

21 1) an installation or structure used, in whole or in part, 

22 for offshore aquaculture; or 2) an area of the seabed or 

23 the subsoil used for offshore aquaculture of living orga24 nisms belonging to sedentary species. 


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1 (h) The term ‘‘offshore aquaculture permit’’ means 

2 an authorization issued under section 4(b) to raise speci3 fied marine species in a specific offshore aquaculture facil4 ity within a specified area of the Exclusive Economic 

5 Zone. 

6 (i) The term ‘‘person’’ means any individual (whether 

7 or not a citizen or national of the United States), any cor8 poration, partnership, association, or other non-govern9 mental entity (whether or not organized or existing under 

10 the laws of any State), and State, local or tribal govern11 ment or entity thereof, and, except as otherwise specified 

12 by the President in writing, the Federal Government or 

13 an entity thereof, and, to the extent specified by the Presi14 dent in writing, a foreign government or an entity thereof. 

15 (j) The term ‘‘Secretary’’ means the Secretary of 

16 Commerce. 

17 SEC. 4. OFFSHORE AQUACULTURE PERMITS. 

18 (a) GENERAL.— 

19 (1) The Secretary shall establish, through rule20 making, in consultation as appropriate with other 

21 relevant Federal agencies, coastal States, and re22 gional fishery management councils established 

23 under section 302 of the Magnuson-Stevens Fishery 

24 Conservation and Management Act (16 U.S.C. 

25 1852), a process to make areas of the Exclusive 


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1 Economic Zone available to eligible persons for the 

2 development and operation of offshore aquaculture 

3 facilities, which shall include: 

4 (A) Procedures and criteria necessary to 

5 issue and modify permits under this Act; 

6 (B) Procedures to coordinate the offshore 

7 aquaculture permitting process, and related 

8 siting, operations, environmental protection, 

9 monitoring, enforcement, research, and eco10 nomic and social activities, with similar activi11 ties administered by other Federal agencies and 

12 coastal States; 

13 (C) Consideration of the potential environ14 mental, social, economic, and cultural impacts 

15 of offshore aquaculture and inclusion, where ap16 propriate, of permit conditions to address nega17 tive impacts; 

18 (D) Public notice and opportunity for pub19 lic comment prior to issuance of offshore aqua20 culture permits; 

21 (E) Procedures to monitor and evaluate 

22 compliance with the provisions of offshore aqua23 culture permits, including the collection of bio24 logical, chemical and physical oceanographic 


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1 data, and social, production, and economic data; 

2 and 

3 (F) Procedures for transferring permits 

4 from the original permit holder to a person 

5 meeting the eligibility criteria in section 

6 4(b)(2)(A) and able to satisfy the requirements 

7 for bonds or other guarantees prescribed under 

8 section 4(c)(3). 

9 (2) The Secretary shall prepare an analysis 

10 under the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.) with respect to the 

12 process for issuing permits. 

13 (3) The Secretary shall periodically review the 

14 procedures and criteria for issuance of offshore 

15 aquaculture permits and modify them as appro16 priate, in consultation as appropriate with other 

17 Federal agencies, the coastal States, and regional 

18 fishery management councils, based on the best 

19 available science. 

20 (4) The Secretary shall consult as appropriate 

21 with other Federal agencies and coastal States to 

22 identify the environmental requirements that apply 

23 to offshore aquaculture under existing laws and reg24 ulations. The Secretary shall establish through rule25 making, in consultation with appropriate Federal 


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1 agencies, coastal States, and regional fishery man2 agement councils established under section 302 of 

3 the Magnuson-Stevens Fishery Conservation and 

4 Management Act (16 U.S.C. 1852), additional envi5 ronmental requirements to address environmental 

6 risks and impacts associated with offshore aqua7 culture, to the extent necessary. The environmental 

8 requirements shall address, but are not limited to: 

9 (A) risks to and impacts on natural fish 

10 stocks and fisheries, including safeguards need11 ed to conserve genetic resources, to prevent or 

12 minimize the transmission of disease or 

13 parasites to wild stocks, and to prevent the es14 cape of marine species that may cause signifi15 cant environmental harm; 

16 (B) risks to and impacts on marine eco17 systems; biological, chemical and physical fea18 tures of water quality and habitat; marine spe19 cies, marine mammals and birds; 

20 (C) cumulative effects of the aquaculture 

21 operation and other aquaculture operations in 

22 the vicinity of the proposed site; 

23 (D) environmental monitoring, data 

24 archiving, and reporting by the permit holder; 


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1 (E) requirements that marine species prop2 agated and reared through offshore aquaculture 

3 be species native to the geographic region un4 less a scientific risk analysis shows that the risk 

5 of harm to the marine environment from the 

6 offshore culture of non-indigenous or genetically 

7 modified marine species is negligible or can be 

8 effectively mitigated; and 

9 (F) maintaining record systems to track 

10 inventory and movement of fish or other marine 

11 species in the offshore aquaculture facility or 

12 harvested from such facility, and, if necessary, 

13 tagging, marking, or otherwise identifying fish 

14 or other marine species in the offshore aqua15 culture facility or harvested from such facility. 

16 (5) The Secretary, in cooperation with other 

17 Federal agencies, shall: 

18 (A) Collect information needed to evaluate 

19 the suitability of sites for offshore aquaculture; 

20 and 

21 (B) Monitor the effects of offshore aqua22 culture on marine ecosystems and implement 

23 such measures as may be necessary to protect 

24 the environment. Measures may include, but are 

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1 tion of offshore aquaculture sites, a moratorium 

2 on additional sites within a prescribed area, and 

3 other appropriate measures as determined by 

4 the Secretary. 

5 (b) PERMITS.—Subject to the provisions of sub6 section (e), the Secretary may issue offshore aquaculture 

7 permits under such terms and conditions as the Secretary 

8 shall prescribe. Permits issued under this Act authorize 

9 the permit holder to conduct offshore aquaculture con10 sistent with the provisions of this Act, regulations issued 

11 under this Act, any specific terms, conditions and restric12 tions applied to the permit by the Secretary, and other 

13 applicable law. 

14 (1) PROCEDURES FOR ISSUANCE OF PER15 MITS.— 

16 (A) The applicant for an offshore aqua17 culture permit shall submit an application to 

18 the Secretary specifying the proposed location 

19 and type of operation, the marine species to be 

20 propagated or reared, or both, at the offshore 

21 aquaculture facility, and other design, construc22 tion, and operational information, as specified 

23 by regulation. 

24 (B) Within 120 days after determining 

25 that a permit application is complete and has 


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1 satisfied all applicable statutory and regulatory 

2 requirements, as specified by regulation, the 

3 Secretary shall issue or deny the permit. If the 

4 Secretary is unable to issue or deny a permit 

5 within this time period, the Secretary shall pro6 vide written notice to the applicant indicating 

7 the reasons for the delay and establishing a rea8 sonable timeline for issuing or denying the per9 mit. 

10 (2) PERMIT CONDITIONS.— 

11 (A) An offshore aquaculture permit holder 

12 must (i) be a resident of the United States, (ii) 

13 be a corporation, partnership or other entity or14 ganized and existing under the laws of a State 

15 or the United States, or (iii) if neither (i) or (ii) 

16 applies, to the extent required by the Secretary 

17 by regulation after coordination with the Sec18 retary of State, waive any immunity, and con19 sent to the jurisdiction of the United States and 

20 its courts, for matters arising in relation to 

21 such permit, and appoint and maintain agents 

22 within the United States who are authorized to 

23 receive and respond to any legal process issued 

24 in the United States with respect to such per25 mit holder. 


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1 (B) Subject to the provisions of subsection 

2 (e), the Secretary shall establish the terms, con3 ditions, and restrictions that apply to offshore 

4 aquaculture permits, and shall specify in the 

5 permits the duration, size, and location of the 

6 offshore aquaculture facility. 

7 (C) Except for projects involving pilot-scale 

8 testing or farm-scale research on aquaculture 

9 science and technologies and offshore aqua10 culture permits requiring concurrence of the 

11 Secretary of the Interior under subsection 

12 4(e)(1), the permit shall have a duration of 20 

13 years, renewable thereafter at the discretion of 

14 the Secretary in up to 20-year increments. The 

15 duration of permits requiring concurrence of 

16 the Secretary of the Interior under subsection 

17 4(e)(1) shall be developed in consultation as ap18 propriate with the Secretary of the Interior, ex19 cept that any such permit shall expire no later 

20 than the date that the lessee, or the lessee’s op21 erator, submits to the Secretary of the Interior 

22 a final application for the decommissioning and 

23 removal of an existing facility upon which an 

24 offshore aquaculture facility is located. 


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1 (D) At the expiration or termination of an 

2 offshore aquaculture permit for any reason, the 

3 permit holder shall remove all structures, gear, 

4 and other property from the site, and take 

5 other measures to restore the site as may be 

6 prescribed by the Secretary. 

7 (E) Failure to begin offshore aquaculture 

8 operations within a reasonable period of time, 

9 or prolonged interruption of offshore aqua10 culture operations, may result in the revocation 

11 of the permit. 

12 (3) If the Secretary determines that issuance of 

13 a permit is not in the national interest, the Sec14 retary may decline to issue such a permit or may 

15 impose such conditions as necessary to address such 

16 concerns. 

17 (c) FEES AND OTHER PAYMENTS.— 

18 (1) The Secretary is authorized to establish, 

19 through regulations, application fees and annual per20 mit fees. Such fees shall be deposited as offsetting 

21 collections in the Operations, Research, and Facili22 ties (ORF) account. Fees may be collected and made 

23 available only to the extent provided in advance in 

24 appropriation Acts. 


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1 (2) The Secretary may reduce or waive applica2 ble fees or other payments established under this 

3 section for facilities used primarily for research. 

4 (3) The Secretary shall require the permit hold5 er to post a bond or other form of financial guar6 antee, in an amount to be determined by the Sec7 retary as sufficient to cover any unpaid fees, the 

8 cost of removing an offshore aquaculture facility at 

9 the expiration or termination of an offshore aqua10 culture permit, and other financial risks as identified 

11 by the Secretary. 

12 (d) COMPATIBILITY WITH OTHER USES.— 

13 (1) The Secretary shall consult as appropriate 

14 with other Federal agencies, coastal States, and re15 gional fishery management councils to ensure that 

16 offshore aquaculture for which a permit is issued 

17 under this section is compatible with the use of the 

18 Exclusive Economic Zone for navigation, fishing, re19 source protection, recreation, national defense (in20 cluding military readiness), mineral exploration and 

21 development, and other activities. 

22 (2) The Secretary shall not authorize permits 

23 for new offshore aquaculture facilities within 12 

24 miles of the coastline of a coastal State if that coast25 al State has submitted a written notice to the SecVerDate Aug 31 2005 05:36 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2010.IH H2010

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1 retary that the coastal State opposes such activities. 

2 This provision will not apply to permit applications 

3 received by the Secretary prior to the date the notice 

4 is received from a coastal State. A coastal State that 

5 transmitted such notice to the Secretary under this 

6 paragraph may revoke that notice in writing at any 

7 time. 

8 (3) Federal agencies implementing this Act, 

9 persons subject to this Act, and coastal States seek10 ing to review permit applications under this Act 

11 shall comply with the applicable section of the Coast12 al Zone Management Act (i.e., 16 U.S.C. 

13 1456(c)(1), (c)(3)(A), (c)(3)(B) or (d)) and its cor14 responding Federal regulations. 

15 (4) Offshore aquaculture conducted in accord16 ance with permits issued pursuant to this Act is ex17 cluded from the definition of ‘‘fishing’’ in the Mag18 nuson-Stevens Fishery Conservation and Manage19 ment Act (16 U.S.C. 1802(15)). The Secretary shall 

20 ensure, to the extent practicable, that offshore aqua21 culture does not interfere with conservation and 

22 management measures promulgated under the Mag23 nuson-Stevens Fishery Conservation and Manage24 ment Act. 


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1 (5) The Secretary may promulgate regulations 

2 that the Secretary finds to be reasonable and nec3 essary to protect offshore aquaculture facilities, and, 

4 where appropriate, shall request that the Secretary 

5 of the department in which the Coast Guard is oper6 ating establish navigational safety zones around such 

7 facilities. In addition, in the case of any offshore 

8 aquaculture facility described in section 4(e)(1), the 

9 Secretary of the department in which the Coast 

10 Guard is operating shall consult with the Secretary 

11 of the Interior before designating such a zone. 

12 (6) After consultation with the Secretary, the 

13 Secretary of State, and the Secretary of Defense, 

14 the Secretary of the department in which the Coast 

15 Guard is operating may designate a zone of appro16 priate size around and including any offshore aqua17 culture facility for the purpose of navigational safe18 ty. In such a zone, no installations, structures, or 

19 uses will be allowed that are incompatible with the 

20 operation of the offshore aquaculture facility. The 

21 Secretary of the department in which the Coast 

22 Guard is operating may define, by rulemaking, ac23 tivities that are allowed within such a zone. 

24 (7)(A) Subject to paragraph (B), if the Sec25 retary, after consultation with Federal agencies as 


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1 appropriate and after affording the permit holder 

2 notice and an opportunity to be heard, determines 

3 that suspension, modification, or revocation of a per4 mit is in the national interest, the Secretary may 

5 suspend, modify, or revoke such permit. 

6 (B) If the Secretary determines that 

7 an emergency exists that poses a risk to 

8 the safety of humans, to the marine envi9 ronment or marine species, or to the secu10 rity of the United States and that requires 

11 suspension, modification, or revocation of a 

12 permit, the Secretary may suspend, mod13 ify, or revoke the permit for such time as 

14 the Secretary may determine necessary to 

15 meet the emergency. The Secretary shall 

16 afford the permit holder a prompt post17 suspension or post-modification oppor18 tunity to be heard regarding the suspen19 sion, modification, or revocation. 

20 (8) Permits issued under this Act do not super21 sede or substitute for any other authorization re22 quired under applicable Federal or State law or reg23 ulation. 

24 (e) ACTIONS AFFECTING THE OUTER CONTINENTAL

25 SHELF.— 


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1 (1) The Secretary shall obtain the concurrence 

2 of the Secretary of the Interior on permits for off3 shore aquaculture facilities located: 

4 (A) on leases, right-of-use and easements, 

5 or rights of way authorized or permitted under 

6 the Outer Continental Shelf Lands Act, as 

7 amended (43 U.S.C. 1331, et seq.), or 

8 (B) within 1 mile of any other facility per9 mitted or for which a plan has been approved 

10 under the Outer Continental Shelf Lands Act. 

11 (2) Offshore aquaculture may not be located on 

12 facilities subject to section 4(e)(1)(A) without the 

13 prior consent of the lessee, its designated operator, 

14 and owner of the facility. 

15 (3) The Secretary of the Interior shall review 

16 and approve any agreement between a lessee, des17 ignated operator, and owner of a facility subject to 

18 this subsection and a prospective aquaculture oper19 ator to ensure that it is consistent with the Federal 

20 lease terms, Department of the Interior regulations, 

21 and the Secretary of the Interior’s role in the protec22 tion of the marine environment, property, or human 

23 life or health. An agreement under this subsection 

24 shall be part of the information reviewed pursuant 

25 to the Coastal Zone Management Act review process 


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1 described in subsection 4(e)(4) and shall not be sub2 ject to a separate Coastal Zone Management Act re3 view. 

4 (4) Coordinated Coastal Zone Management Act 

5 review 

6 (A) If the applicant for an offshore aqua7 culture facility that will utilize a facility subject 

8 to this subsection is required to submit to a 

9 coastal State a consistency certification for its 

10 aquaculture application under section 

11 307(c)(3)(A) of the Coastal Zone Management 

12 Act (16 U.S.C. 1456(c)(3)(A)), the coastal 

13 State’s review under the Coastal Zone Manage14 ment Act and corresponding Federal regula15 tions shall also include any modification to a 

16 lessee’s approved plan or other document for 

17 which a consistency certification would other18 wise be required under applicable Federal regu19 lations, including changes to its plan for decom20 missioning any facilities, resulting from or nec21 essary for the issuance of the offshore aqua22 culture permit, provided that information re23 lated to such modifications or changes is re24 ceived by the coastal State at the time the 

25 coastal State receives the offshore aquaculture 


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1 permit applicant’s consistency certification. In 

2 this case, lessees are not required to submit a 

3 separate consistency certification for any such 

4 modification or change under section 

5 307(c)(3)(B) of the Coastal Zone Management 

6 Act (16 U.S.C. 1456(c)(3)(B)) and the coastal 

7 State’s concurrence or objection, or presumed 

8 concurrence, under section 307(c)(3)(A) of the 

9 Coastal Zone Management Act (16 U.S.C. 

10 1456(c)(3)(A)) in a consistency determination 

11 for the offshore aquaculture permit, shall apply 

12 to both the offshore aquaculture permit and to 

13 any related modifications or changes to a les14 see’s plan approved under the Outer Conti15 nental Shelf Lands Act. 

16 (B) If a coastal State is not authorized by 

17 section 307(c)(3)(A) of the Coastal Zone Man18 agement Act (16 U.S.C. 1456(c)(3)(A)) and 

19 corresponding Federal regulations to review an 

20 offshore aquaculture application submitted 

21 under this Act, then any modifications or 

22 changes to a lessee’s approved plan or other 

23 document requiring approval from the Depart24 ment of the Interior, shall be subject to coastal 

25 State review pursuant to the requirements of 


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1 section 307(c)(3)(B) of the Coastal Zone Man2 agement Act (16 U.S.C. 1456(c)(3)(B)), if a 

3 consistency certification for those modifications 

4 or changes is required under applicable Federal 

5 regulations. 

6 (5) For offshore aquaculture located on facili7 ties subject to this subsection, the aquaculture per8 mit holder and all parties that are or were lessees 

9 of the lease on which the facilities are located during 

10 the term of the offshore aquaculture permit shall be 

11 jointly and severally liable for the removal of any 

12 construction or modifications related to aquaculture 

13 operations if the aquaculture permit holder fails to 

14 do so and bonds established under this Act for aqua15 culture operations prove insufficient to cover those 

16 obligations. This subsection does not affect obliga17 tions to decommission facilities under the Outer 

18 Continental Shelf Lands Act. 

19 (6) For aquaculture projects or operations sub20 ject to this subsection, the Secretary of the Interior 

21 is authorized to: 

22 (A) Promulgate such rules and regulations 

23 as are necessary and appropriate to carry out 

24 the provisions of this subsection; 


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1 (B) Require and enforce such additional 

2 terms or conditions as the Secretary of the In3 terior deems necessary to protect the marine 

4 environment, property, or human life or health 

5 to ensure the compatibility of aquaculture oper6 ations with all activities for which permits have 

7 been issued under the Outer Continental Shelf 

8 Lands Act; 

9 (C) Issue orders to the offshore aqua10 culture permit holder to take any action the 

11 Secretary of the Interior deems necessary to en12 sure safe operations on the facility to protect 

13 the marine environment, property, or human 

14 life or health. Failure to comply with the Sec15 retary of the Interior’s orders will be deemed to 

16 constitute a violation of the Outer Continental 

17 Shelf Lands Act; and 

18 (D) Enforce all requirements contained in 

19 such regulations, lease terms and conditions 

20 and orders pursuant to the Outer Continental 

21 Shelf Lands Act. 

22 SEC. 5. RESEARCH AND DEVELOPMENT. 

23 (a) In consultation as appropriate with other Federal 

24 agencies, the Secretary may establish and conduct an inte25 grated, multidisciplinary, scientific research and developVerDate Aug 31 2005 05:36 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2010.IH H2010

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1 ment program to further marine aquaculture technologies 

2 that are compatible with the protection of marine eco3 systems. 

4 (b) The Secretary is authorized to conduct research 

5 and development in partnership with offshore aquaculture 

6 permit holders. 

7 (c) The Secretary, in collaboration with the Secretary 

8 of Agriculture, shall conduct research to reduce the use 

9 of wild fish in aquaculture feeds, including but not limited 

10 to the substitution of seafood processing wastes, cultured 

11 marine algae and microbial sources of nutrients important 

12 for human health and nutrition, agricultural crops, and 

13 other products. 

14 SEC. 6. ADMINISTRATION. 

15 (a) The Secretary shall promulgate such regulations 

16 as are necessary and appropriate to carry out the provi17 sions of this Act. The Secretary may at any time amend 

18 such regulations, and such regulations shall, as of their 

19 effective date, apply to all operations conducted pursuant 

20 to permits issued under the provisions of this Act, regard21 less of the date of the issuance of such permit. 

22 (b) The Secretary shall have the authority to enter 

23 into and perform such contracts, leases, grants, or cooper24 ative agreements as may be necessary to carry out the 

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1 trator of the National Oceanic and Atmospheric Adminis2 tration deems appropriate. 

3 (c) For purposes related to the enforcement of this 

4 Act, the Secretary is authorized to use, with their consent 

5 and with or without reimbursement, the land, services, 

6 equipment, personnel, and facilities of any department, 

7 agency or instrumentality of the United States, or of any 

8 state, local government, Indian tribal government, Terri9 tory or possession, or of any political subdivision thereof, 

10 or of any foreign government or international organiza11 tion. 

12 (d) Authority to Utilize Grant Funds 

13 (1) Except as provided in paragraph (2), the 

14 Secretary is authorized to apply for, accept, and ob15 ligate research grant funding from any Federal 

16 source operating competitive grant programs where 

17 such funding furthers the purpose of this Act. 

18 (2) The Secretary may not apply for, accept, or 

19 obligate any grant funding under paragraph (1) for 

20 which the granting agency lacks authority to grant 

21 funds to Federal agencies, or for any purpose or 

22 subject to conditions that are prohibited by law or 

23 regulation. 

24 (3) Appropriated funds may be used to satisfy 

25 a requirement to match grant funds with recipient 


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1 agency funds, except that no grant may be accepted 

2 that requires a commitment in advance of appropria3 tions. 

4 (4) Funds received from grants shall be depos5 ited in the National Oceanic and Atmospheric Ad6 ministration account that serves to accomplish the 

7 purpose for which the grant was awarded. 

8 (e) Nothing in this Act shall be construed to displace, 

9 supersede, or limit the jurisdiction, responsibilities or 

10 rights of any Federal or State agency, or Indian Tribe 

11 or Alaska Native organization, under any Federal law or 

12 treaty. 

13 (f) The Constitution, laws, and treaties of the United 

14 States shall apply to an offshore aquaculture facility lo15 cated in the Exclusive Economic Zone for which a permit 

16 has been issued or is required under this Act and to activi17 ties in the Exclusive Economic Zone connected, associated, 

18 or potentially interfering with the use or operation of such 

19 facility, in the same manner as if such facility were an 

20 area of exclusive Federal jurisdiction located within a 

21 State. Nothing in this Act shall be construed to relieve, 

22 exempt, or immunize any person from any other require23 ment imposed by an applicable Federal law, regulation, 

24 or treaty. Nothing in this Act shall be construed to confer 

25 citizenship to a person by birth or through naturalization 


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1 or to entitle a person to avail himself of any law pertaining 

2 to immigration, naturalization, or nationality. 

3 (g) The law of the nearest adjacent coastal State, 

4 now in effect or hereafter adopted, amended, or repealed, 

5 is declared to be the law of the United States, and shall 

6 apply to any offshore aquaculture facility for which a per7 mit has been issued pursuant to this Act, to the extent 

8 applicable and not inconsistent with any provision or regu9 lation under this Act or other Federal laws and regula10 tions now in effect or hereafter adopted, amended, or re11 pealed. All such applicable laws shall be administered and 

12 enforced by the appropriate officers and courts of the 

13 United States. For purposes of this subsection, the nearest 

14 adjacent coastal State shall be that State whose seaward 

15 boundaries, if extended beyond 3 nautical miles, would en16 compass the site of the offshore aquaculture facility. State 

17 taxation laws shall not apply to offshore aquaculture facili18 ties in the Exclusive Economic Zone. 

19 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated to the Sec21 retary $4,052,000 in fiscal year 2008 and thereafter such 

22 sums as may be necessary for purposes of carrying out 

23 the provisions of this Act. 

24 SEC. 8. UNLAWFUL ACTIVITIES. 

25 It is unlawful for any person— 


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1 (a) to falsify any information required to be reported, 

2 communicated, or recorded pursuant to this Act or any 

3 regulation or permit issued under this Act, or to fail to 

4 submit in a timely fashion any required information, or 

5 to fail to report to the Secretary immediately any change 

6 in circumstances that has the effect of rendering any such 

7 information false, incomplete, or misleading; 

8 (b) to engage in offshore aquaculture within the Ex9 clusive Economic Zone of the United States or operate an 

10 offshore aquaculture facility within the Exclusive Eco11 nomic Zone of the United States, except pursuant to a 

12 valid permit issued under this Act; 

13 (c) to refuse to permit an authorized officer to con14 duct any lawful search or lawful inspection in connection 

15 with the enforcement of this Act or any regulation or per16 mit issued under this Act; 

17 (d) to forcibly assault, resist, oppose, impede, intimi18 date, or interfere with an authorized officer in the conduct 

19 of any search or inspection in connection with the enforce20 ment of this Act or any regulation or permit issued under 

21 this Act; 

22 (e) to resist a lawful arrest or detention for any act 

23 prohibited by this section; 

24 (f) to interfere with, delay, or prevent, by any means, 

25 the apprehension, arrest, or detection of another person, 


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1 knowing that such person has committed any act prohib2 ited by this section; 

3 (g) to import, export, sell, receive, acquire or pur4 chase in interstate or foreign commerce any marine spe5 cies in violation of this Act or any regulation or permit 

6 issued under this Act; 

7 (h) upon the expiration or termination of any aqua8 culture permit for any reason, fail to remove all structures, 

9 gear, and other property from the site, or take other meas10 ures, as prescribed by the Secretary, to restore the site; 

11 (i) to violate any provision of this Act, any regulation 

12 promulgated under this Act, or any term or condition of 

13 any permit issued under this Act; or 

14 (j) to attempt to commit any act described in sub15 sections (a), (b), (g), (h) or (i). 

16 SEC. 9. ENFORCEMENT PROVISIONS. 

17 (a) DUTIES OF SECRETARIES.—Subject to sections 

18 4(e)(6)(B) and (D), this Act shall be enforced by the Sec19 retary and the Secretary of the department in which the 

20 Coast Guard is operating. 

21 (b) POWERS OF ENFORCEMENT.— 

22 (1) Any officer who is authorized pursuant to 

23 subsection (a) of this section by the Secretary or the 

24 Secretary of the department in which the Coast 


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1 Guard is operating to enforce the provisions of this 

2 Act may— 

3 (A) with or without a warrant or other 

4 process— 

5 (i) arrest any person, if the officer has 

6 reasonable cause to believe that such per7 son has committed or is committing an act 

8 prohibited by section 8 of this Act; 

9 (ii) search or inspect any offshore 

10 aquaculture facility and any related land11 based facility; 

12 (iii) seize any offshore aquaculture fa13 cility (together with its equipment, records, 

14 furniture, appurtenances, stores, and 

15 cargo), and any vessel or vehicle, used or 

16 employed in aid of, or with respect to 

17 which it reasonably appears that such off18 shore aquaculture facility was used or em19 ployed in aid of, the violation of any provi20 sion of this Act or any regulation or permit 

21 issued under this Act; 

22 (iv) seize any marine species (wher23 ever found) retained, in any manner, in 

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1 mission of any act prohibited by section 8 

2 of this Act; 

3 (v) seize any evidence related to any 

4 violation of any provision of this Act or 

5 any regulation or permit issued under this 

6 Act; 

7 (B) execute any warrant or other process 

8 issued by any court of competent jurisdiction; 

9 and 

10 (C) exercise any other lawful authority. 

11 (2) Any officer who is authorized pursuant to 

12 subsection (a) of this section by the Secretary or the 

13 Secretary of the department in which the Coast 

14 Guard is operating to enforce the provisions of this 

15 Act may make an arrest without a warrant for (i) 

16 an offense against the United States committed in 

17 his presence, or (ii) for a felony cognizable under the 

18 laws of the United States, if he has reasonable 

19 grounds to believe that the person to be arrested has 

20 committed or is committing a felony. Any such au21 thorized person may execute and serve a subpoena, 

22 arrest warrant or search warrant issued in accord23 ance with Rule 41 of the Federal Rules of Criminal 

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1 diction for enforcement of the Act, or any regulation 

2 or permit issued under this Act. 

3 (c) ISSUANCE OF CITATIONS.—If any authorized offi4 cer finds that a person is engaging in or has engaged in 

5 offshore aquaculture in violation of any provision of this 

6 Act, such officer may issue a citation to that person. 

7 (d) LIABILITY FOR COSTS.—Any person who violates 

8 this Act, or a regulation or permit issued under this Act, 

9 shall be liable for the cost incurred in storage, care, and 

10 maintenance of any marine species or other property 

11 seized in connection with the violation. 

12 SEC. 10. CIVIL ENFORCEMENT AND PERMIT SANCTIONS. 

13 (a) CIVIL ADMINISTRATIVE PENALTIES.— 

14 (1) Any person who is found by the Secretary, 

15 after notice and opportunity for a hearing in accord16 ance with section 554 of Title 5, United States 

17 Code, to have violated this Act, or a regulation or 

18 permit issued under this Act, shall be liable to the 

19 United States for a civil penalty. The amount of the 

20 civil penalty under this paragraph shall not exceed 

21 $200,000 for each violation. Each day of a con22 tinuing violation shall constitute a separate violation. 

23 (2) COMPROMISE OR OTHER ACTION BY THE

24 SECRETARY.—The Secretary may compromise, mod25 ify, or remit, with or without conditions, any civil 


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1 administrative penalty which is or may be imposed 

2 under this section and that has not been referred to 

3 the Attorney General for further enforcement action. 

4 (b) CIVIL JUDICIAL PENALTIES.—Any person who 

5 violates any provision of this Act, or any regulation or per6 mit issued thereunder, shall be subject to a civil penalty 

7 not to exceed $250,000 for each such violation. Each day 

8 of a continuing violation shall constitute a separate viola9 tion. The Attorney General, upon the request of the Sec10 retary, may commence a civil action in an appropriate dis11 trict court of the United States, and such court shall have 

12 jurisdiction to award civil penalties and such other relief 

13 as justice may require. In determining the amount of a 

14 civil penalty, the court shall take into account the nature, 

15 circumstances, extent, and gravity of the prohibited acts 

16 committed and, with respect to the violator, the degree 

17 of culpability, any history of prior violations and such 

18 other matters as justice may require. In imposing such 

19 penalty, the district court may also consider information 

20 related to the ability of the violator to pay. 

21 (c) PERMIT SANCTIONS.— 

22 (1) In any case in which— 

23 (A) an offshore aquaculture facility has 

24 been used in the commission of an act prohib25 ited under section 8 of this Act; 


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1 (B) the owner or operator of an offshore 

2 aquaculture facility or any other person who 

3 has been issued or has applied for a permit 

4 under section 4 of this Act has acted in viola5 tion of section 8 of this Act; or 

6 (C) any amount in settlement of a civil for7 feiture imposed on an offshore aquaculture fa8 cility or other property, or any civil penalty or 

9 criminal fine imposed under this Act or imposed 

10 on any other person who has been issued or has 

11 applied for a permit under any fishery resource 

12 statute enforced by the Secretary, has not been 

13 paid and is overdue, the Secretary may— 

14 (i) revoke any permit issued with re15 spect to such offshore aquaculture facility 

16 or applied for by such a person under this 

17 Act, with or without prejudice to the 

18 issuance of subsequent permits; 

19 (ii) suspend such permit for a period 

20 of time considered by the Secretary to be 

21 appropriate; 

22 (iii) deny such permit; or 

23 (iv) impose additional conditions and 

24 restrictions on such permit. 


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1 (2) In imposing a sanction under this sub2 section, the Secretary shall take into account— 

3 (A) the nature, circumstances, extent, and 

4 gravity of the prohibited acts for which the 

5 sanction is imposed; and 

6 (B) with respect to the violator, the degree 

7 of culpability, any history of prior violations, 

8 and such other matters as justice may require. 

9 (3) Transfer of ownership of an offshore aqua10 culture facility, by sale or otherwise, shall not extin11 guish any permit sanction that is in effect or is 

12 pending at the time of transfer of ownership. Before 

13 executing the transfer of ownership of an offshore 

14 aquaculture facility, by sale or otherwise, the owner 

15 shall disclose in writing to the prospective transferee 

16 the existence of any permit sanction that will be in 

17 effect or pending with respect to the offshore aqua18 culture facility at the time of the transfer. The Sec19 retary may waive or compromise a sanction in the 

20 case of a transfer pursuant to court order. 

21 (4) In the case of any permit that is suspended 

22 under this subsection for nonpayment of a civil pen23 alty or criminal fine, the Secretary shall reinstate 

24 the permit upon payment of the penalty or fine and 

25 interest thereon at the prevailing rate. 


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1 (5) No sanctions shall be imposed under this 

2 subsection unless there has been prior opportunity 

3 for a hearing on the facts underlying the violation 

4 for which the sanction is imposed, either in conjunc5 tion with a civil penalty proceeding under this sec6 tion or otherwise. 

7 (d) INJUNCTIVE RELIEF.—Upon the request of the 

8 Secretary, the Attorney General of the United States is 

9 authorized to commence a civil action for appropriate re10 lief, including a permanent or temporary injunction, for 

11 any violation of any provision of this Act, or regulation 

12 or permit issued under this Act. 

13 (e) HEARING.—For the purposes of conducting any 

14 investigation or hearing under this section or any other 

15 statute administered by the National Oceanic and Atmos16 pheric Administration which is determined on the record 

17 in accordance with the procedures provided for under sec18 tion 554 of Title 5, the Secretary may issue subpoenas 

19 for the attendance and testimony of witnesses and the pro20 duction of relevant papers, books, and documents, and 

21 may administer oaths. Witnesses summoned shall be paid 

22 the same fees and mileage that are paid to witnesses in 

23 the courts of the United States. In case of contempt or 

24 refusal to obey a subpoena served upon any person pursu25 ant to this subsection, the district court of the United 


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1 States for any district in which such person is found, re2 sides, or transacts business, upon application by the 

3 United States and after notice to such person, shall have 

4 jurisdiction to issue an order requiring such person to ap5 pear and give testimony before the Secretary or to appear 

6 and produce documents before the Secretary, or both, and 

7 any failure to obey such order of the court may be pun8 ished by such court as a contempt thereof. Nothing in this 

9 Act shall be construed to grant jurisdiction to a district 

10 court to entertain an application for an order to enforce 

11 a subpoena issued by the Secretary of Commerce to the 

12 Federal Government or any entity thereof. 

13 (f) JURISDICTION.—The United States district courts 

14 shall have original jurisdiction of any action under this 

15 section arising out of or in connection with the construc16 tion or operation of aquaculture facilities, and proceedings 

17 with respect to any such action may be instituted in the 

18 judicial district in which any defendant resides or may be 

19 found, or in the judicial district of the adjacent coastal 

20 State nearest the place where the cause of action arose. 

21 For the purpose of this section, American Samoa shall be 

22 included within the judicial district of the District Court 

23 of the United States for the District of Hawaii. Each vio24 lation shall be a separate offense and the offense shall be 

25 deemed to have been committed not only in the district 


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1 where the violation first occurred, but also in any other 

2 district as authorized by law. 

3 (g) COLLECTION.—If any person fails to pay an as4 sessment of a civil penalty after it has become a final and 

5 unappealable order, or after the appropriate court has en6 tered final judgment in favor of the Secretary, the matter 

7 may be referred to the Attorney General, who may recover 

8 the amount (plus interest at currently prevailing rates 

9 from the date of the final order). In such action the valid10 ity, amount and appropriateness of the final order impos11 ing the civil penalty shall not be subject to review. Any 

12 person who fails to pay, on a timely basis, the amount 

13 of an assessment of a civil penalty shall be required to 

14 pay, in addition to such amount and interest, attorney’s 

15 fees and costs for collection proceedings and a quarterly 

16 nonpayment penalty for each quarter during which such 

17 failure to pay persists. Such nonpayment penalty shall be 

18 in an amount equal to 20 percent of the aggregate amount 

19 of such persons penalties and nonpayment penalties which 

20 are unpaid as of the beginning of such quarter. 

21 (h) NATIONWIDE SERVICE OF PROCESS.—In any ac22 tion by the United States under this title, process may 

23 be served in any district where the defendant is found, 

24 resides, transacts business or has appointed an agent for 

25 the service of process, and for civil cases may also be 


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1 served in a place not within the United States in accord2 ance with Rule 4 of the Federal Rules of Civil Procedure. 

3 SEC. 11. CRIMINAL OFFENSES. 

4 (a) Any person (other than a foreign government or 

5 any entity of such government) who knowingly commits 

6 an act prohibited by subsections 8(c), (d), (e), or (f) of 

7 the Act, shall be imprisoned for not more than five years 

8 or shall be fined not more than $500,000 for individuals 

9 or $1,000,000 for an organization, or both; except that 

10 if in the commission of any such offense the individual 

11 uses a dangerous weapon, engages in conduct that causes 

12 bodily injury to any officer authorized to enforce the provi13 sions of this title, or places any such officer in fear of 

14 imminent bodily injury, the maximum term of imprison15 ment is not more than ten years. 

16 (b) Any person (other than a foreign government or 

17 any entity of such government) who knowingly violates 

18 any other provision of section 8, except subsections 8(c), 

19 (d), (e) or (f), of the Act, or any provision of any regula20 tion promulgated pursuant to this title or any permit 

21 issued under this title, shall be imprisoned for not more 

22 than five years, or shall be fined not more than $500,000 

23 for an individual or $1,000,000 for an organization, or 

24 both. 


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1 (c) The United States district courts shall have origi2 nal jurisdiction of any action arising under this section 

3 out of or in connection with the construction or operation 

4 of aquaculture facilities, and proceedings with respect to 

5 any such action may be instituted in the judicial district 

6 in which any defendant resides or may be found. For the 

7 purpose of this section, American Samoa shall be included 

8 within the judicial district of the District Court of the 

9 United States for the District of Hawaii. Each violation 

10 shall be a separate offense and the offense shall be deemed 

11 to have been committed not only in the district where the 

12 violation first occurred, but also in any other district as 

13 authorized under law. 

14 SEC. 12. FORFEITURES. 

15 (a) CRIMINAL FORFEITURE.—A person who is con16 victed of an offense in violation of section 11 of this Act 

17 shall forfeit to the United States— 

18 (1) any property, real or personal, constituting 

19 or traceable to the gross proceeds obtained, or re20 tained, as a result of the offense including, without 

21 limitation, any marine species (or the fair market 

22 value thereof) taken or retained in connection with 

23 or as a result of the offense; and 

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1 mission of the offense, including, without limitation, 

2 any offshore aquaculture facility or vessel, including 

3 its structure, equipment, furniture, appurtenances, 

4 stores, and cargo, and any vehicle or aircraft. 

5 Pursuant to title 28, United States Code, section 2461(c), 

6 the provisions of section 413 of the Controlled Substances 

7 Act (21 U.S.C. 853) with the exception of subsection (d) 

8 of that section, shall apply to criminal forfeitures under 

9 this section. 

10 (b) CIVIL FORFEITURE.—The following shall be sub11 ject to forfeiture to the United States and no property 

12 right shall exist in them: 

13 (1) any property, real or personal, constituting 

14 or traceable to the gross proceeds obtained, or re15 tained, as a result of a violation of any provision of 

16 section 8 or subsection 4(b)(2)(D) of this Act, in17 cluding, without limitation, any marine species (or 

18 the fair market value thereof) taken or retained in 

19 connection with or as a result of the violation; and 

20 (2) any property, real or personal, used or in21 tended to be used to commit or to facilitate the com22 mission of any such violation, including, without lim23 itation, any offshore aquaculture facility or vessel, 

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1 tenances, stores, and cargo, and any vehicle or air2 craft. 

3 Civil forfeitures under this section shall be governed by 

4 the procedures set forth in title 18, United States Code, 

5 Chapter 46. 

6 (c) REBUTTABLE PRESUMPTION.—In any criminal or 

7 civil forfeiture proceeding under this section, there is a 

8 rebuttable presumption that all marine species found with9 in an offshore aquaculture facility and seized in connection 

10 with a violation of section 8 of this Act were taken or re11 tained in violation of this Act. 

12 SEC. 13. SEVERABILITY AND JUDICIAL REVIEW. 

13 (a) SEVERABILITY.—If any provision of this chapter 

14 or the application thereof to any person or circumstances 

15 is held invalid, the validity of the remainder of this chapter 

16 and of the application of such provision to other persons 

17 and circumstances shall not be affected thereby. 

18 (b) JUDICIAL REVIEW.— 

19 (1) IN GENERAL.—Judicial review of any action 

20 taken by the Secretary under this chapter shall be 

21 in accordance with sections 701 through 706 of Title 

22 5, except that— 

23 (A) review of any final agency action of the 

24 Secretary taken pursuant to section 11(a) or (c) 

25 of this title may be had only by the filing of a 


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1 complaint by an interested person in the United 

2 States District Court for the appropriate dis3 trict; any such complaint must be filed within 

4 30 days of the date such final agency action is 

5 taken; and 

6 (B) review of all other final agency actions 

7 of the Secretary under this chapter may be had 

8 only by the filing of a petition for review by an 

9 interested person in the Circuit Court of Ap10 peals of the United States for the Federal judi11 cial district in which such person resides or 

12 transacts business which is directly affected by 

13 the action taken; such petition shall be filed 

14 within 120 days from the date such final action 

15 is taken. 

16 (2) LIMITATION OF JUDICIAL REVIEW.—Final 

17 agency action with respect to which review could 

18 have been obtained under paragraph (1)(B) of this 

19 subsection shall not be subject to judicial review in 

20 any civil or criminal proceeding for enforcement. 

21 (3) AWARDS OF LITIGATION COSTS.—In any ju22 dicial proceeding under paragraph (1) of this sub23 section, the court may award costs of litigation (in24 cluding reasonable attorney and expert witness fees) 


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1 to any prevailing party whenever it determines that 

2 such award is appropriate. 

Æ 


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