I

103D CONGRESS

2D SESSION H. R. 4853

To amend the National Sea Grant College Program Act and the Coastal

Zone Management Act of 1972 to enhance marine aquaculture in the

United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 1994

Mr. STUDDS (for himself, Mr. REED, and Mr. HUGHES) introduced the following bill; which was referred to the Committee on Merchant Marine and

Fisheries

A BILL

To amend the National Sea Grant College Program Act

and the Coastal Zone Management Act of 1972 to enhance marine aquaculture in the United States, 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 ‘‘Marine Aquaculture

5 Enhancement Act of 1994’’.
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1 SEC. 2. MARINE AQUACULTURE RESEARCH, DEVELOP2 MENT, AND TECHNOLOGY TRANSFER PRO3 GRAM.

4 The National Sea Grant College Program Act (33

5 U.S.C. 1121 et seq.) is amended by inserting after section

6 206 the following:

7 ‘‘SEC. 206A. MARINE AQUACULTURE RESEARCH, DEVELOP8 MENT, AND TECHNOLOGY TRANSFER PRO9 GRAM.

10 ‘‘(a) MARINE AQUACULTURE RESEARCH, DEVELOP11 MENT, AND TECHNOLOGY TRANSFER PROGRAM.—The

12 national sea grant college program under section 204 shall

13 include a marine aquaculture research, development, and

14 technology transfer program (in this section referred to

15 as the ‘Program’) under which the Secretary, acting

16 through the Director, shall make grants and enter into

17 contracts in accordance with this section, and engage in

18 other activities authorized under this Act, to further re19 search, development, education, and technology transfer in

20 marine aquaculture and accelerate the development,

21 growth, and commercialization of the domestic marine

22 aquaculture industry.

23 ‘‘(b) PROGRAM SCOPE.—The Program shall include

24 research, development, technology transfer, education, and

25 marine advisory programs that address at least the follow26 ing:
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1 ‘‘(1) The development of domestic marine aqua2 culture products that are commercially competitive

3 in the world market.

4 ‘‘(2) Fundamental biological knowledge that is

5 needed for domesticating and commercializing ma6 rine species that are candidates for aquaculture.

7 ‘‘(3) Environmentally safe technologies, meth8 ods, and systems for culturing marine species in the

9 coastal environment.

10 ‘‘(4) Aquaculture technologies that are compat11 ible with other uses of the sea.

12 ‘‘(5) Application of marine biotechnology to

13 aquaculture.

14 ‘‘(6) Methods for addressing and resolving con15 flicts between marine aquaculture and other uses of

16 the coastal environment.

17 ‘‘(7) Comparative studies of State practices re18 garding the regulation and promotion of marine

19 aquaculture, so as to identify interstate conflicts and

20 issues.

21 ‘‘(c) SEA GRANT MARINE ADVISORY SERVICES.—

22 The Secretary shall maintain within the Marine Advisory

23 Service, the capability to transfer relevant technologies

24 and information to the marine aquaculture industry. Par-
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1 ticular emphasis shall be given to the matters referred to

2 in subsection (b) (1) through (7).

3 ‘‘(d) ADMINISTRATION.—In carrying out the Pro4 gram, the Director shall—

5 ‘‘(1) coordinate and administer the relevant ac6 tivities of the sea grant colleges and any advisory

7 committee or review panel established under sub8 section (f);

9 ‘‘(2) consult with the Joint Subcommittee on

10 Aquaculture and the aquaculture industry to identify

11 program priorities and needs and, to the extent pos12 sible, undertake collaborative efforts; and

13 ‘‘(3) provide general oversight to ensure that

14 the Program produces the highest quality research,

15 education, and technology transfer and leads to op16 portunities for business development, the commer17 cialization of marine aquaculture products, and jobs

18 creation.

19 ‘‘(e) GRANTS AND CONTRACTS.—

20 ‘‘(1) IN GENERAL.—The Director, subject to

21 the availability of appropriations, shall award grants

22 and contracts in accordance with procedures, re23 quirements, and restrictions under section 205 (c)

24 and (d) for aquaculture education, technology trans-
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1 fer, and advisory projects based on a competitive re2 view of—

3 ‘‘(A) their respective scientific, technical,

4 and educational merits; and

5 ‘‘(B) their likelihood of producing informa6 tion and technology which lead to the growth,

7 development, and commercialization of the ma8 rine aquaculture industry.

9 ‘‘(2) SPECIAL REQUIREMENTS.—In addition to

10 requirements applicable under section 205, applica11 tions for grants and contracts under this subsection

12 shall be—

13 ‘‘(A) received, evaluated, and selected by

14 the appropriate directors of sea grant colleges;

15 ‘‘(B) forwarded by those directors to the

16 Director; and

17 ‘‘(C) evaluated by a review panel estab18 lished in accordance with subsection (f).

19 ‘‘(3) FUNDING.—Grants made and contracts

20 entered into under this section shall be funded with

21 amounts available from appropriations made pursu22 ant to the authorization provided for under section

23 212(c), except that if the project under a grant or

24 contract was considered and approved, in whole or

25 part, under grant or contract authority provided for
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1 under section 205 (a) or (b) or section 3 of the Sea

2 Grant Program Improvement Act of 1976, the grant

3 or contract shall be funded from amounts available

4 to carry out that section.

5 ‘‘(f) MARINE AQUACULTURE REVIEW PANELS.—

6 ‘‘(1) ESTABLISHMENT AND DUTIES.—The Di7 rector, in consultation with the directors of a sea

8 grant college and representatives of the marine

9 aquaculture industry, shall establish such advisory

10 committees and review panels as may be necessary

11 to carry out this section.

12 ‘‘(2) MEMBERSHIP.—At least 25 percent of the

13 members of any advisory committee or review panel

14 established under this subsection shall be appointed

15 from among representatives of the marine aqua16 culture industry.

17 ‘‘(3) ACCESS TO EVALUATIONS OF GRANTS AND

18 CONTRACTS.—The Director shall provide to each ad19 visory committee and review panel established under

20 this subsection copies of appropriate grant and con21 tract application evaluations prepared by directors of

22 sea grant colleges under subsection (e)(2)(A).

23 ‘‘(g) MARINE AQUACULTURE DEFINED.—As used in

24 this section, the term ‘marine aquaculture’ means aqua25 culture which is conducted in controlled or other tidal
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1 fresh, brackish, or coastal environments, including the

2 Great Lakes.

3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—

4 ‘‘(1) GRANTS AND CONTRACTS.—There is au5 thorized to be appropriated to carry out this section

6 (other than for administration)—

7 ‘‘(A) $5,000,000 for each of fiscal years

8 1995 and 1996; and

9 ‘‘(B) $7,000,000 for each of fiscal years

10 1997 and 1998.

11 ‘‘(2) ADMINISTRATION.—There is authorized to

12 be appropriated for the administration of this sec13 tion the lesser of—

14 ‘‘(A) for each fiscal year, 2 percent of the

15 total amount appropriated to carry out this sec16 tion 1995 and 1996; and

17 ‘‘(B)(i) $100,000, for each of fiscal years

18 1995 and 1996; and

19 ‘‘(ii) $120,000 for each of fiscal years

20 1997 and 1998.’’.

21 SEC. 3. AQUACULTURE IN THE COASTAL ZONE.

22 The Coastal Zone Management Act of 1972 is

23 amended—

24 (1) in section 306A(b) (16 U.S.C. 1455a(b)) by

25 adding at the end of the following:
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1 ‘‘(4) The development of a coordinated process

2 among State agencies to regulate and issue permits

3 for aquaculture facilities in the coastal zone.’’; and

4 (2) in section 309(a) (16 U.S.C. 1456b(a)) by

5 adding at the end the following:

6 ‘‘(9) Adoption of procedures and policies to

7 evaluate and facilitate the siting of public and pri8 vate aquaculture facilities in the coastal zone which

9 will enable States to formulate, administer, and im10 plement strategic plans for marine aquaculture.’’.

11 SEC. 4. OFFSHORE MARINE AQUACULTURE PERMITTING.

12 (a) OWNERSHIP, CONSTRUCTION, AND OPERATION

13 OF OFFSHORE MARINE AQUACULTURE FACILITIES.—No

14 person may own, construct, or operate an offshore marine

15 aquaculture facility except as authorized by a permit is16 sued under this section.

17 (b) PERMIT ISSUANCE AND TERM.—

18 (1) IN GENERAL.—The Secretary may issue,

19 amend, renew, or transfer in accordance with this

20 section permits which authorize the ownership, con21 struction, or operation of an offshore marine aqua22 culture facility.

23 (2) TERM.—The term of a permit under this

24 section shall be 10 years.
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1 (c) PERMIT PREREQUISITES.—The Secretary may

2 not issue, amend, renew, or transfer a permit to a person

3 under this section unless—

4 (1)(A) each of the officials referred to in sub5 section (e)(1) has certified to the Secretary that the

6 activities to be conducted under the permit would

7 comply with laws administered by the official; or

8 (B) the permit establishes the conditions trans9 mitted under subsection (e)(3)(A) by each of those

10 officials that does not make that certification, and

11 each of the remainder of those officials makes that

12 certification;

13 (2) the Secretary determines that—

14 (A) construction and operation of a facility

15 under the permit will be in the national interest

16 and comply with the environmental standards

17 established by the Secretary under subsection

18 (k);

19 (B) the site for the facility will not inter20 fere with facilities previously permitted under

21 this section or any other Federal law; and

22 (C) the person, upon revocation or surren23 der of the permit, will properly dispose of or re24 move the facility as directed by the Secretary;

25 and
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1 (3) the person provides to the Secretary a bond

2 or other assurances to pay for all costs associated

3 with the removal of the facility.

4 (d) PUBLIC NOTICE AND COMMENT PERIOD.—

5 (1) NOTICE.—The Secretary shall publish in

6 the Federal Register—

7 (A) notice of receipt of each application for

8 a permit under this section; and

9 (B) notice of issuance of each permit is10 sued, amended, renewed, or transferred under

11 this section.

12 (2) PUBLIC COMMENT.—The Secretary shall

13 provide a period of at least 90 days for the submis14 sion by the public of comments regarding each appli15 cation received by the Secretary for the issuance,

16 amendment, renewal, or transfer of a permit under

17 this section.

18 (e) AGENCY NOTICE AND COMMENT.—

19 (1) TRANSMISSION OF COPIES OF APPLICA20 TIONS.—Not later than 30 days after receiving of an

21 application for a permit under this section, the Sec22 retary shall forward a copy of the application to—

23 (A) the Secretary of the department in

24 which the Coast Guard is operating;
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1 (B) the Administrator of the Environ2 mental Protection Agency;

3 (C) the Attorney General;

4 (D) the Secretary of State;

5 (E) the Chairman of the Regional Fishery

6 Management Council under the Magnuson

7 Fishery Conservation and Management Act (16

8 U.S.C. 1801 et seq.) having authority over wa9 ters in which would occur the activities for

10 which the permit is sought;

11 (F) the Secretary of Defense; and

12 (G) the Governor of each State that—

13 (i) would be affected by activities for

14 which the permit is sought; and

15 (ii) has an approved coastal zone

16 management program under the Coastal

17 Zone Management Act of 1972 (16 U.S.C.

18 1451 et seq.).

19 (2) CERTIFICATION OF COMPLIANCE.—Subject

20 to paragraph (4), not later than 120 days after re21 ceiving a copy of a permit application transmitted

22 under paragraph (1) of the official shall certify to

23 the Secretary whether or not the activities to be con24 ducted under the permit would comply with laws ad25 ministered by the official.
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1 (3) TRANSMITTAL OF REASONS FOR NON2 COMPLIANCE AND PERMIT CONDITIONS.—If an offi3 cial certifies under paragraph (1) that activities to

4 be conducted under a permit is sought would not

5 comply with a law—

6 (A) the official shall transmit to the Sec7 retary the reasons for that noncompliance and

8 any permit conditions that would ensure compli9 ance; and

10 (B) the Secretary shall establish those con11 ditions in any permit for the activity issued

12 under this section.

13 (4) EXTENSION OF TIME FOR CERTIFI14 CATION.—An official may request, in writing, that

15 the Secretary extend by not more than 60 days the

16 period for making certifications under paragraph

17 (2). The Secretary may grant the extension for good

18 cause shown.

19 (f) PERMIT REVOCATION OR SURRENDER.—

20 (1) REVOCATION.—The Secretary may revoke

21 any permit issued under this section if the permittee

22 is found to be in violation of any term of the permit,

23 this section, or any regulation promulgated pursuant

24 to this section.
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1 (2) SURRENDER.—A permitee may surrender a

2 permit under this section to the Secretary at any

3 time, subject to any safeguards or conditions estab4 lished by the Secretary.

5 (g) PERMIT RENEWAL AND TRANSFER.—A permit

6 under this section may be renewed or transferred in ac7 cordance with the procedures and requirements applicable

8 to the issuance of a new permit. The term of a permit,

9 upon renewal, shall not exceed 10 years.

10 (h) FEES.—The Secretary shall assess permit fees to

11 cover the cost of administering the program authorized by

12 this section.

13 (i) CIVIL PENALTY.—The Secretary may assess a

14 civil penalty of not more than $100,000 for each violation

15 of a permit under this section.

16 (j) PROMULGATION OF REGULATIONS.—The Sec17 retary shall promulgate regulations necessary to carry out

18 this section.

19 (k) ENVIRONMENTAL STANDARDS.—

20 (1) ESTABLISHMENT.—The Secretary, in con21 sultation with the Administrator of the Environ22 mental Protection Agency, shall issue regulations

23 which establish minimum environmental standards

24 with respect to offshore marine aquaculture facili25 ties. Such standards shall be designed to minimize
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1 the potential for inadvertent impacts on the marine

2 environment from such facilities, and shall include—

3 (A) safeguards to prevent escape of marine

4 organisms from the facility and the inter5 mingling of those organisms with wild stocks;

6 (B) safeguards to prevent transmission of

7 disease to wild stocks; and

8 (C)—safeguards to minimize degradation

9 of the marine environment where the facility is

10 located and the surrounding vicinity.

11 (2) INCLUSION OF PERMIT TERMS.—The stand12 ards established under paragraph (1) shall be treat13 ed as part of the terms of each permit issued under

14 this section.

15 (l) DEFINITIONS.—For the purposes of this section:

16 (1) OFFSHORE MARINE AQUACULTURE FACIL17 ITY.—The term ‘‘offshore marine aquaculture facil18 ity’’ means any commercial facility which is located

19 in whole or in part in waters beyond State jurisdic20 tion within the territorial sea or the exclusive eco21 nomic zone of the United States, the purpose of

22 which is to raise, breed, grow, harvest, or sell any

23 marine or estuarine organism.

24 (2) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of Commerce, acting through the
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1 Under Secretary of Commerce for Oceans and At2 mosphere.

3 (3) PERSON.—The term ‘‘person’’ means a citi4 zen of the United States.

5 SEC. 5. THE NANTUCKET PROGRAM.

6 (a) ESTABLISHMENT OF PROGRAM.—There is estab7 lished within the National Oceanic and Atmospheric Ad8 ministration a marine aquaculture development program

9 to be known as the Nantucket Program (in this section

10 referred to as the ‘‘Program’’). The purpose of the Pro11 gram is to expand coastal economic opportunities through

12 activities that provide job training, technical assistance,

13 and employment opportunities in marine aquaculture,

14 transplant, and relay operations.

15 (b) GRANTS.—

16 (1) IN GENERAL.—Subject to the availability of

17 appropriations, the Secretary of Commerce (in this

18 section referred to as the ‘‘Secretary’’) shall provide

19 grants under the Program to eligible coastal commu20 nities to develop marine aquaculture training and

21 support activities that contribute to achieving the

22 purpose of the Program set forth in subsection (a).

23 (2) GRANT ELIGIBILITY.—A coastal community

24 shall be an eligible coastal community under para25 graph (1) if the Secretary determines that the com-
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1 munity meets the criteria issued under paragraph

2 (3).

3 (3) ELIGIBILITY CRITERIA.—The Secretary

4 shall issue guidelines and criteria for determining

5 whether a coastal community is an eligible coastal

6 community under paragraph (1).

7 (c) AUTHORIZATION OF APPROPRIATIONS.—For

8 grants under subsection (b) there are authorized to be ap9 propriated to the Secretary $2,000,000 for each of fiscal

10 years 1995, 1996, and 1997.

11 SEC. 6. MULTISPECIES AQUACULTURE CENTER.

12 (a) ESTABLISHMENT OF CENTER.—The Secretary of

13 Commerce may establish in southern New Jersey, a

14 Multispecies Aquaculture Center (in this section referred

15 to as the ‘‘Center’’).

16 (b) FUNCTIONS OF CENTER.—The Center shall pro17 mote the development of the aquaculture industry through

18 a variety of activities, including by—

19 (1) serving as a demonstration facility for tech20 nology transfer and the commercialization of aqua21 culture research; and

22 (2) providing extension services to aquaculture

23 producers, including with respect to production di24 versification, disease control, water quality mainte25 nance, and product marketing.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Secretary of Com3 merce for establishment and operation of the Center

4 $4,500,000 for fiscal years 1995, 1996, and 1997.

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