II 

109TH CONGRESS 

1ST SESSION S. 1195 

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

establishment and implementation of a regulatory system for offshore 

aquaculture in the United States Exclusive Economic Zone, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2005 

Mr. STEVENS (for himself and Mr. INOUYE) (by request) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation. 

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 SECTION 1. SHORT TITLE. 

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

3 Aquaculture Act of 2005’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds the following: 

6 (1) It is the policy of the United States to— 
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•S 1195 IS 

1 (A) support an offshore aquaculture indus2 try that will produce food and other valuable 

3 products, protect wild stocks and the quality of 

4 marine ecosystems, and be compatible with 

5 other uses of the Exclusive Economic Zone; 

6 (B) encourage the development of respon7 sible marine aquaculture in the Exclusive Eco8 nomic Zone by providing the necessary authori9 ties and procedures for offshore marine aqua10 culture operations, demonstrations, and re11 search, through public-private partnerships; 

12 (C) establish a permitting process for 

13 aquaculture in the Exclusive Economic Zone to 

14 encourage private investment in aquaculture op15 erations, demonstrations, and research; and 

16 (D) promote research and development in 

17 marine aquaculture science, technology, and re18 lated social, economic, legal, and environmental 

19 management disciplines that will enable marine 

20 aquaculture operations and demonstrations to 

21 achieve operational objectives while protecting 

22 marine ecosystem quality. 

23 (2) Offshore aquaculture activities within the 

24 Exclusive Economic Zone of the United States con25 stitute activities with respect to which the United 
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•S 1195 IS 

1 States has proclaimed sovereign rights and jurisdic2 tion under Presidential Proclamation 5030 of March 

3 10, 1983. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) DEMONSTRATION.—The term ‘‘demonstra7 tion’’ means pilot-scale testing of aquaculture 

8 science and technologies, or farm-scale research. 

9 (2) EXCLUSIVE ECONOMIC ZONE.—The term 

10 ‘‘Exclusive Economic Zone’’ means, unless otherwise 

11 specified by the President in the public interest in 

12 a writing published in the Federal Register, a zone, 

13 the outer boundary of which is 200 nautical miles 

14 from the baseline from which the breadth of the ter15 ritorial sea is measured, except as established by a 

16 maritime boundary treaty in force for the United 

17 States, or in the absence of such a treaty where the 

18 distance between the coastal State and another State 

19 is less than 400 nautical miles, an equidistance line 

20 between the 2 States. The inner boundary of that 

21 zone is—

22 (A) a line coterminous with the seaward 

23 boundary of each of the several coastal States, 

24 as defined in sections 2(b) and 4 of the Sub-
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•S 1195 IS 

1 merged Lands Act (43 U.S.C. 1301(b) and 

2 1312); 

3 (B) a line 3 marine leagues from the coast4 line of the Commonwealth of Puerto Rico; 

5 (C) a line 3 geographical miles from the 

6 coastlines of American Samoa, the Virgin Is7 lands, and Guam, respectively; and 

8 (D) for any other Commonwealth (includ9 ing the Commonwealth of the Northern Mari10 anas), territory, or possession of the United 

11 States not referred to in subparagraph (B) or 

12 (C), the outer boundary of the 12-mile terri13 torial sea, and, for the purposes of applying this 

14 Act to any such commonwealth, territory, or 

15 possession, that zone shall also include the area 

16 within the territorial sea. 

17 (3) INDIAN TRIBE AND ALASKA NATIVE ORGA18 NIZATION.—The term ‘‘Indian Tribe and Alaska Na19 tive organization’’ has the meaning given the term 

20 ‘‘Indian Tribe’’ in section 102 of the Federally Rec21 ognized Indian Tribe List Act of 1994 (25 U.S.C. 

22 479a). 

23 (4) LESSEE.—The term ‘‘lessee’’ means the 

24 party authorized by a lease, or an approved assign25 ment thereof, to explore for and develop and produce 
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1 leased deposits of oil, gas, or sulphur pursuant to 43 

2 U.S.C. 1441 et seq. 

3 (5) MARINE SPECIES.—The term ‘‘marine spe4 cies’’ means finfish, mollusks, crustaceans, marine 

5 algae, and all other forms of marine life, excluding 

6 marine mammals and birds. 

7 (6) OFFSHORE AQUACULTURE.—The term ‘‘off8 shore aquaculture’’ means all activities, including 

9 the operation of offshore aquaculture facilities, in10 volved in the propagation and rearing, or attempted 

11 propagation and rearing, of marine species in the 

12 United States Exclusive Economic Zone. 

13 (7) OFFSHORE AQUACULTURE FACILITY.—The 

14 term ‘‘offshore aquaculture facility’’ means— 

15 (A) an installation or structure used for 

16 offshore aquaculture; or 

17 (B) an area of the seabed or the subsoil 

18 used for offshore aquaculture of living orga19 nisms belonging to sedentary species. 

20 (8) OPERATING PERMIT.—The term ‘‘operating 

21 permit’’ means an authorization issued under section 

22 4(c) to raise specified marine species in a specific 

23 offshore aquaculture facility within the area de24 scribed in an offshore aquaculture site permit. 
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1 (9) PERSON.—The term ‘‘person’’ means any 

2 individual (whether or not a citizen or national of 

3 the United States), any corporation, partnership, as4 sociation, or other non-governmental entity (whether 

5 or not organized or existing under the laws of any 

6 State), and State, local or tribal government or enti7 ty thereof, and, except as otherwise specified by the 

8 President in writing, the Federal Government or an 

9 entity thereof, and, to the extent specified by the 

10 President in writing, a foreign government or an en11 tity thereof. 

12 (10) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of Commerce. 

14 (11) SITE PERMIT.—The term ‘‘site permit’’ 

15 means an authorization issued under section 4(b) to 

16 use a specified area of the U.S. Exclusive Economic 

17 Zone for a specified period of time for purposes of 

18 offshore aquaculture. 

19 (12) STATE.—The term ‘‘State’’ means each of 

20 the several States, the District of Columbia, the 

21 Commonwealth of Puerto Rico, American Samoa, 

22 the United States Virgin Islands, Guam, the Com23 monwealth of the Northern Mariana Islands, and 

24 any other Commonwealth, territory, or possession of 

25 the United States. 
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1 SEC. 4. OFFSHORE AQUACULTURE PERMITS. 

2 (a) IN GENERAL.— 

3 (1) The Secretary is authorized to establish, in 

4 consultation as appropriate with other relevant Fed5 eral agencies, a process to make areas of the Exclu6 sive Economic Zone available to eligible persons for 

7 the development and operation of offshore aqua8 culture facilities, which shall include—

9 (A) the development of procedures nec10 essary to implement a permitting process under 

11 this Act, the form and manner in which appli12 cations for permits may be made, and the inclu13 sion of any special conditions that may apply to 

14 a permit; and 

15 (B) the coordination of the offshore aqua16 culture permitting process, together with the 

17 regulations for siting criteria, environmental 

18 protection, monitoring and enforcement, re19 search, and economic and social development, 

20 with similar activities administered by other 

21 Federal agencies and States. 

22 (2) Permits for offshore aquaculture located on 

23 leases or easements authorized or for which a permit 

24 has been issued under the Outer Continental Shelf 

25 Lands Act (43 U.S.C. 1331 et seq.), or within 1 

26 mile of any other facility for which a permit has 
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•S 1195 IS 

1 been issued under that Act, shall require the concur2 rence of the Secretary of the Interior. 

3 (3) It shall be unlawful to engage in offshore 

4 aquaculture except in accordance with the terms of 

5 a valid site permit and a valid operating permit 

6 issued by the Secretary under this Act. 

7 (4) An offshore aquaculture permit holder 

8 shall—

9 (A) be a resident of the United States; 

10 (B) be a corporation, partnership or other 

11 entity organized and existing under the laws of 

12 a State or the United States; or 

13 (C) to the extent required by the Secretary 

14 of Commerce by regulation after coordination 

15 with the Secretary of State, waive any immu16 nity, and consent to the jurisdiction of the 

17 United States and its courts, for matters aris18 ing in relation to such permit and appoint and 

19 maintain agents within the United States who 

20 are authorized to receive and respond to any 

21 legal process issued in the United States with 

22 respect to such permit holder. 

23 (5) Applications for site permits and operating 

24 permits may be submitted and reviewed concur25 rently. 
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1 (6) Within 120 days after determining that a 

2 permit application is complete and has satisfied all 

3 applicable statutory and regulatory requirements, 

4 the Secretary shall render a permit decision. If the 

5 Secretary is unable to render a permit decision with6 in this time period, the Secretary shall provide writ7 ten notice to the applicant indicating the reasons for 

8 the delay and establishing a reasonable timeline for 

9 a permit decision. 

10 (7) Permits issued under this Act do not super11 sede or substitute for any other authorization re12 quired under applicable Federal or State law or reg13 ulation and shall authorize the permit holder to con14 duct activities consistent with the provisions of this 

15 Act, regulations issued under this Act, and any spe16 cific terms, conditions, and restrictions applied to 

17 the permit by the Secretary. 

18 (8) Vessels owned or used by any offshore 

19 aquaculture permit holder shall be exempt from the 

20 requirement for documentation or a fishery endorse21 ment under sections 12102 and 12108 of title 46, 

22 United States Code, for only so long as the vessel 

23 is owned or used in support of activities under the 

24 permit. All other sections of that title apply as if the 

25 exempted vessel was documented. 
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1 (b) SITE PERMITS.—

2 (1) The Secretary is authorized to issue an off3 shore aquaculture site permit to any person meeting 

4 the eligibility criteria in subsection (a)(4) under such 

5 terms and conditions as the Secretary shall pre6 scribe. 

7 (2) The Secretary shall establish the terms, 

8 conditions, and restrictions applicable to such per9 mit, and shall specify in the site permit the dura10 tion, size, and location of the offshore aquaculture 

11 facility. 

12 (3) Except for demonstration projects and off13 shore aquaculture permits requiring concurrence of 

14 the Secretary of the Interior under subsection 

15 (a)(2), the site permit shall have a duration of 10 

16 years, renewable thereafter at the discretion of the 

17 Secretary in 5-year increments. The duration of per18 mits subject to the provisions of subsection (a)(2) 

19 shall be developed in consultation as appropriate 

20 with the Secretary of the Interior, except that each 

21 such permit shall expire no later than the date that 

22 the oil and gas lessee, or the lessee’s operator, sub23 mits to the Secretary of the Interior a final applica24 tion for the removal of the facility upon which the 

25 offshore aquaculture facility is located. 
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1 (4) At the expiration or termination of a site 

2 permit for any reason, the site permit holder shall 

3 remove all structures, gear, and other property from 

4 the site, and take other measures to restore the site 

5 as may be prescribed by the Secretary. 

6 (5) For offshore aquaculture located on facili7 ties authorized or for which a permit has been 

8 issued under the Outer Continental Shelf Lands Act 

9 (43 U.S.C. 1331 et seq.), the aquaculture permit 

10 holder and all parties that are or were lessees of the 

11 lease on which the facilities are located during the 

12 term of the site permit shall be jointly and severally 

13 liable for the removal of any construction or modi14 fications related to aquaculture operations if the 

15 aquaculture permit holder fails to do so and bonds 

16 established under this Act for aquaculture oper17 ations prove insufficient to cover those obligations. 

18 This subsection does not affect obligations to decom19 mission facilities under the Outer Continental Shelf 

20 Lands Act (43 U.S.C. 1331 et seq.). 

21 (c) OPERATING PERMITS.—

22 (1) The Secretary is authorized to issue oper23 ating permits, under such terms and conditions as 

24 the Secretary shall prescribe, to site permit holders. 
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1 (2) The holder of, or applicant for, a site per2 mit under subsection (b) shall submit an application 

3 to the Secretary specifying the marine species to be 

4 propagated or reared, or both, at the offshore aqua5 culture facility, and other design, construction, and 

6 operational details and information, as specified by 

7 regulation, to facilitate review. 

8 (3) Failure to apply for and obtain an operating 

9 permit within a reasonable period of time, as speci10 fied by the Secretary under the terms and conditions 

11 of the offshore aquaculture site permit, may result 

12 in the revocation of the site permit. 

13 (d) CRITERIA FOR ISSUING PERMITS.— 

14 (1) The Secretary shall consult as appropriate 

15 with other Federal agencies to ensure that offshore 

16 aquaculture for which a permit has been issued 

17 under this section meets the environmental require18 ments established under section 5(a) and is compat19 ible with the use of the Exclusive Economic Zone for 

20 navigation, fishing, resource protection, recreation, 

21 national defense (including military readiness), min22 eral exploration and development, and other activi23 ties. 

24 (2) The Secretary shall consider risks to and 

25 impacts on natural fish stocks, marine ecosystems, 
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1 biological, chemical and physical features of water 

2 quality, habitat, marine mammals, other forms of 

3 marine life, birds, endangered species, and other fea4 tures of the environment, as identified by the Sec5 retary in consultation as appropriate with other Fed6 eral agencies. 

7 (3) Federal agencies implementing this Act, 

8 persons subject to this Act, and coastal States seek9 ing to review permit applications under this Act 

10 shall comply with the applicable provisions of the 

11 Coastal Zone Management Act of 1972 (including 

12 subsections (c)(1), (c)(3)(A), (c)(3)(B), and (d) of 

13 section 307 (16 U.S.C. 1456(c)(1), (c)(3)(A), 

14 (c)(3)(B), and (d)) and the corresponding Federal 

15 regulations. 

16 (4) When an aquaculture facility is proposed to 

17 be associated with an offshore oil and gas platform 

18 licensed under the Outer Continental Shelf Lands 

19 Act (43 U.S.C. 1331 et seq.), and if the offshore 

20 aquaculture applicant is required to submit to a 

21 coastal State a consistency certification for its aqua22 culture application under section 307(c)(3)(A) of the 

23 Coastal Zone Management Act of 1972 (16 U.S.C. 

24 1456(c)(3)(A)), the coastal State’s review under that 

25 Act and corresponding Federal regulations shall also 
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1 include any modification to an offshore oil or gas or 

2 mineral lessee’s development and production plan or 

3 development operations coordination document for 

4 which a consistency certification would otherwise be 

5 required under applicable Federal regulations, in6 cluding changes to its plan for decommissioning any 

7 facilities, resulting from or necessary for the 

8 issuance of the offshore aquaculture permit, pro9 vided that information related to such modifications 

10 or changes are received by the coastal State at the 

11 time the coastal State receives the offshore aqua12 culture permit applicant’s consistency certification. 

13 In this case, offshore oil and gas or mineral lessees 

14 are not required to submit a separate consistency 

15 certification for any such modification or change 

16 under section 307(c)(3)(B) of that Act (16 U.S.C. 

17 1456(c)(3)(B)) and the coastal State’s concurrence 

18 or objection, or presumed concurrence, under section 

19 307(c)(3)(A) of that Act (16 U.S.C. 1456(c)(3)(A)) 

20 shall apply to both the offshore aquaculture permit 

21 and to any related modifications or changes to off22 shore oil and gas or mineral plans requiring ap23 proval by the Department of the Interior. 

24 (5) If a coastal State is not authorized by sec25 tion 307(c)(3)(A) of the Coastal Zone Mangement 
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1 Act (16 U.S.C. 1456(c)(3)(A)) and corresponding 

2 Federal regulations to review an offshore aqua3 culture project proposed under this Act, then any 

4 modifications or changes to offshore oil and gas or 

5 mineral development and production plans or devel6 opment operations coordination documents requiring 

7 approval from the Department of the Interior, shall 

8 be subject to coastal State review pursuant to the 

9 requirements of section 307(c)(3)(B) of that Act (16 

10 U.S.C. 1456(c)(3)(B)), if a consistency certification 

11 for those modifications or changes is required under 

12 applicable Federal regulations. 

13 (6) The Secretary shall periodically review the 

14 criteria for issuance of site and operating permits 

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

17 Federal agencies, based on the best available science. 

18 (e) EXCLUSION FROM PROVISIONS OF MAGNUSON19 STEVENS FISHERY CONSERVATION AND MANAGEMENT

20 ACT.— 

21 (1) Offshore aquaculture conducted in accord22 ance with permits issued pursuant to this section 4 

23 is excluded from the definition of ‘‘fishing’’ as that 

24 term is defined in section 3(15) of the Magnuson-
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1 Stevens Fishery Conservation and Management Act 

2 (16 U.S.C. 1802(15)). 

3 (2) The Secretary shall ensure, to the extent 

4 practicable, that offshore aquaculture does not inter5 fere with conservation and management measures 

6 promulgated under the Magnuson-Stevens Fishery 

7 Conservation and Management Act (16 U.S.C. 1801 

8 et seq.). 

9 (3) The Secretary shall consult with the appro10 priate Regional Fishery Management Council under 

11 that Act before issuing a permit. 

12 (4) The Secretary may require permit holders 

13 to track, mark, or otherwise identify fish or other 

14 marine species in the offshore aquaculture facility or 

15 harvested from such facility. 

16 (f) FEES AND OTHER PAYMENTS.— 

17 (1) The Secretary is authorized to establish, 

18 through regulation, a schedule of application fees 

19 and annual permit fees. 

20 (2) The Secretary shall require the site permit 

21 holder to post a bond or other form of financial 

22 guarantee, in an amount to be determined by the 

23 Secretary as sufficient to cover any unpaid fees, the 

24 cost of removing an offshore aquaculture facility at 
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1 the expiration or termination of a site permit, and 

2 other financial risks as identified by the Secretary. 

3 (3) The Secretary may reduce or waive applica4 ble fees or other payments established under this 

5 section for facilities used primarily for research or 

6 for raising cultured stock for the replenishment of 

7 wild fisheries. 

8 (4) The Secretary shall deposit all fees collected 

9 under this Act in accordance with section 3302(b) of 

10 title 31, United States Code. 

11 (g) AUTHORITY TO MODIFY OR SUSPEND PER12 MITS.— 

13 (1) Subject to paragraph (2), if the Secretary, 

14 after consultation with Federal agencies as appro15 priate and after affording the permit holder notice 

16 and an opportunity to be heard, determines that sus17 pension of, or modification of, a permit is in the na18 tional interest, the Secretary may suspend or modify 

19 such permit. 

20 (2) If the Secretary determines that an emer21 gency exists that poses a risk to the safety of hu22 mans, to the marine environment or marine re23 sources, or to the security of the United States and 

24 that requires suspension or modification of a permit, 

25 the Secretary may suspend or modify the permit for 
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1 such time as the Secretary may determine necessary 

2 to meet the emergency. The Secretary shall afford 

3 the permit holder a prompt post-suspension or post4 modification opportunity to be heard regarding the 

5 suspension or modification. 

6 (h) ACTIONS AFFECTING THE OUTER CONTINENTAL

7 SHELF.— 

8 (1) For aquaculture projects or operations lo9 cated on facilities subject to the Outer Continental 

10 Shelf Lands Act (43 U.S.C. 1331 et seq.), the Sec11 retary of the Interior is authorized—

12 (A) to enforce all requirements contained 

13 in Federal mineral leases and regulations issued 

14 pursuant to the Outer Continental Shelf Lands 

15 Act; 

16 (B) to require and enforce such additional 

17 terms or conditions as the Secretary of the In18 terior deems necessary to protect the marine 

19 environment, property, or human life or health 

20 to ensure the compatibility of aquaculture oper21 ations with all activities for which permits have 

22 been issued under the Outer Continental Shelf 

23 Lands Act; and 

24 (C) to issue orders to any offshore aqua25 culture permit holder to take any action the 
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1 Secretary of the Interior deems necessary to en2 sure safe oil and gas or other mineral oper3 ations on any facility to protect the marine en4 vironment, property, or human life or health. 

5 The failure to comply with the Secretary of the Inte6 rior’s orders under this paragraph will be deemed to 

7 constitute a violation of the Outer Continental Shelf 

8 Lands Act. 

9 (2) The Secretary of the Interior shall review 

10 and approve any agreement between an operator of 

11 a facility for which a permit has been issued under 

12 the Outer Continental Shelf Lands Act and a pro13 spective aquaculture operator to ensure that it is 

14 consistent with the Federal mineral lease terms, De15 partment of the Interior regulations, and the Sec16 retary of the Interior’s role in the protection of the 

17 marine environment, property, or human life or 

18 health. An agreement under this subsection shall be 

19 part of the information reviewed pursuant to the 

20 Coastal Zone Management Act of 1972 review proc21 ess described in subsection (d)(4) of this section and 

22 shall not be subject to a separate Coastal Zone Man23 agement Act of 1972 review. 

24 (3) No offshore aquaculture may be located on 

25 facilities authorized or for which a permit has been 
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1 issued under the Outer Continental Shelf Lands Act 

2 without the prior consent of the owner of the facil3 ity. 

4 (4) The Secretary of the Interior shall promul5 gate such rules and regulations as are necessary and 

6 appropriate to carry out the provisions of this sub7 section. 

8 (i) TRANSFERABILITY OF PERMITS.—The Secretary 

9 is authorized to establish procedures for transferring per10 mits from the original permit holder to any person meet11 ing the eligibility criteria in subsection (a)(4) and able to 

12 satisfy the requirements for bonds or other guarantees 

13 prescribed under subsection (f)(2). 

14 SEC. 5. ENVIRONMENTAL REQUIREMENTS. 

15 (a) ENVIRONMENTAL REQUIREMENTS.—The Sec16 retary shall consult as appropriate with other Federal 

17 agencies to identify the environmental requirements appli18 cable to offshore aquaculture under existing laws and reg19 ulations. The Secretary may establish additional environ20 mental requirements for offshore aquaculture facilities, if 

21 deemed necessary, in consultation with appropriate Fed22 eral agencies, coastal States, and the public. Environ23 mental requirements may include, but are not limited to, 

24 environmental monitoring, data archiving, and reporting 

25 by the permit holder, as deemed necessary or prudent by 
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1 the Secretary. The environmental requirements shall con2 sider risks to and impacts on—

3 (1) natural fish stocks, 

4 (2) marine ecosystems, 

5 (3) biological, chemical and physical features of 

6 water quality and habitat, 

7 (4) marine mammals, other forms of marine 

8 life, birds, and endangered species, and 

9 (5) other features of the environment, 

10 as identified by the Secretary, in consultation as appro11 priate with other Federal agencies. 

12 (b) SITING, MONITORING, AND EVALUATION.— 

13 (1) The Secretary is authorized to collect infor14 mation needed to evaluate the suitability of sites for 

15 offshore aquaculture. 

16 (2) The Secretary is authorized to promulgate 

17 regulations regarding monitoring and evaluation of 

18 compliance with the provisions of site and operating 

19 permits, including the collection of biological, chem20 ical and physical oceanographic data, and social, 

21 production, and economic data. 

22 (3) The Secretary is authorized to monitor the 

23 effects of offshore aquaculture on marine ecosystems 

24 and implement such measures as may be necessary 

25 to protect the environment, including temporary or 
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1 permanent relocation of offshore aquaculture sites, a 

2 moratorium on additional sites within a prescribed 

3 area, and other appropriate measures as determined 

4 by the Secretary. 

5 (4) The Secretary is authorized to establish 

6 monitoring and evaluation protocols. 

7 SEC. 6. RESEARCH AND DEVELOPMENT. 

8 (a) IN GENERAL.—In consultation as appropriate 

9 with other Federal agencies, the Secretary is authorized 

10 to establish an integrated, multidisciplinary, scientific re11 search and development program to further offshore aqua12 culture technologies that are compatible with the protec13 tion of marine ecosystems. 

14 (b) RESEARCH PARTNERSHIPS.—The Secretary is 

15 authorized to conduct research and development in part16 nership with site permit holders. 

17 SEC. 7. ADMINISTRATION. 

18 (a) IN GENERAL.—The Secretary shall promulgate 

19 such rules and regulations as are necessary and appro20 priate to carry out the provisions of this Act. The Sec21 retary may at any time prescribe and amend such rules 

22 and regulations as the Secretary determines to be nec23 essary and proper, and such rules and regulations shall, 

24 as of their effective date, apply to all operations conducted 

25 under permits issued under the provisions of this Act. 
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1 (b) NAVIGATIONAL SAFETY ZONES.—

2 (1) The Secretary may promulgate rules that 

3 the Secretary finds to be reasonable and necessary 

4 to protect offshore aquaculture facilities, and, where 

5 appropriate, shall request that the Secretary of the 

6 department in which the Coast Guard is operating 

7 establish navigational safety zones around such fa8 cilities. 

9 (2) After consultation with the Secretary of 

10 Commerce, the Secretary of State, and the Secretary 

11 of Defense, the Secretary of the department in the 

12 which the Coast Guard is operating may designate 

13 a zone of appropriate size around and including any 

14 offshore aquaculture facility for the purpose of navi15 gational safety. In such zone, no installations, struc16 tures, or uses will be allowed that are incompatible 

17 with the operation of the offshore aquaculture facil18 ity. The Secretary of the department in which the 

19 Coast Guard is operating may by regulation define 

20 activities that are allowed within such zone. 

21 (c) CONSULTATION WITH OTHER AGENCIES.—The 

22 Secretary shall consult as appropriate with Federal agen23 cies that are authorized to issue permits within the Exclu24 sive Economic Zone to develop a coordinated and stream25 lined permitting process for offshore aquaculture. The 
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1 process shall factor in the needs, requirements, and au2 thorities of each Agency, including the need to consult 

3 with State agencies and the requirement for public review 

4 and involvement. 

5 (d) MEMORANDA OF AGREEMENT.—The Secretary 

6 may enter into memoranda of agreement, memoranda of 

7 understanding, or other agreements with heads of Federal 

8 agencies, as appropriate, to implement this Act, and the 

9 Secretary and the heads of such agencies may issue such 

10 regulations as may be necessary to ensure coordination of 

11 Federal activities to implement this Act. 

12 (e) UTILIZATION OF FEDERAL AND STATE PER13 SONNEL, SERVICES, AND EQUIPMENT.—The Secretary 

14 may, with or without reimbursement, utilize in the per15 formance of functions under this Act the personnel, serv16 ices, equipment (including aircraft and vessels), and facili17 ties of—

18 (1) any Federal agency under a written agree19 ment with the head of that agency; and 

20 (2) any agency of a State under a written 

21 agreement with the head of that agency, to the ex22 tent allowed by the law of that State. 

23 (f) EFFECT ON JURISDICTION, RESPONSIBILITIES, 

24 AND RIGHTS OF OTHER ENTITIES.— Nothing in this Act 

25 shall be construed to displace, supersede, limit, or modify 
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1 the jurisdiction, responsibilities, or rights of any Federal 

2 or State agency, or Indian Tribe or Alaska Native organi3 zation, under any Federal law or treaty. 

4 (g) APPLICATION OF CERTAIN LAWS.— 

5 (1) In addition to this Act and other statutes 

6 of the United States that apply in the Exclusive 

7 Economic Zone, the following shall apply with re8 spect to offshore aquaculture facilities in the Exclu9 sive Economic Zone for which a permit has been 

10 issued under this Act and to activities in the Exclu11 sive Economic Zone connected, associated, or poten12 tially interfering with the use or operation of such 

13 facilities: 

14 (A) Titles 18 and 28, United States Code. 

15 (B) The provisions of any other statute of 

16 the United States, when the Secretary has de17 termined that it is in the public interest that 

18 such provision so apply and has published that 

19 determination in the Federal Register and until 

20 the Secretary determines to the contrary and 

21 publishes a notice in the Federal Register to 

22 the contrary. 

23 (2) The jurisdiction of the Federal courts with 

24 respect to the provisions of paragraph (1). 
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1 (3) Nothing in this Act shall be construed to re2 lieve, exempt, or immunize any person from any 

3 other requirement imposed by an applicable Federal 

4 law, treaty, or regulation. 

5 (4) Nothing in this Act shall be construed to 

6 confer citizenship to a person by birth or through 

7 naturalization or to entitle a person to avail himself 

8 of any law pertaining to immigration, naturalization, 

9 or nationality. 

10 (h) APPLICATION OF COASTAL STATE LAW.—The 

11 law of the nearest adjacent coastal State, now in effect 

12 or hereafter adopted, amended, or repealed, is declared to 

13 be the law of the United States, and shall apply to any 

14 offshore aquaculture facility for which a permit has been 

15 issued pursuant to this Act, to the extent applicable and 

16 not inconsistent with any provision or regulation under 

17 this Act or other Federal laws and regulations now in ef18 fect or hereafter adopted, amended, or repealed. All such 

19 applicable laws shall be administered and enforced by the 

20 appropriate officers and courts of the United States. For 

21 purposes of this subsection, the nearest adjacent coastal 

22 State shall be that State whose seaward boundaries, if ex23 tended beyond 3 miles, would encompass the site of the 

24 offshore aquaculture facility. State taxation laws shall not 

25 apply in the Exclusive Economic Zone. 
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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary such sums as may be necessary for purposes of car4 rying out the provisions of this Act. 

5 SEC. 9. UNLAWFUL ACTIVITIES. 

6 It is unlawful for any person—

7 (1) to falsify any information required to be re8 ported, communicated, or recorded pursuant to this 

9 Act or any regulation or permit issued under this 

10 Act, or to fail to submit in a timely fashion any re11 quired information, or to fail to report to the Sec12 retary immediately any change in circumstances that 

13 has the effect of rendering any such information 

14 false, incomplete, or misleading; 

15 (2) to engage in offshore aquaculture within the 

16 Exclusive Economic Zone of the United States ex17 cept in full compliance with this Act, any regulations 

18 promulgated under this Act, and the terms and con19 ditions of any permit issued by the Secretary under 

20 this Act; 

21 (3) to refuse to permit an authorized officer to 

22 conduct any lawful search or lawful inspection in 

23 connection with the enforcement of this Act or any 

24 regulation or permit issued under this Act; 

25 (4) to forcibly assault, resist, oppose, impede, 

26 intimidate, or interfere with an authorized officer in 
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1 the conduct of any search or inspection in connec2 tion with the enforcement of this Act or any regula3 tion or permit issued under this Act; 

4 (5) to resist a lawful arrest or detention for any 

5 act prohibited by this section; 

6 (6) to interfere with, delay, or prevent, by any 

7 means, the apprehension, arrest, or detection of an8 other person, knowing that such person has com9 mitted any act prohibited by this section; 

10 (7) to violate any provision of this Act or any 

11 regulation or permit issued under this Act; or 

12 (8) to attempt to commit any act described in 

13 paragraph (1), (2), (6) or (7). 

14 SEC. 10. ENFORCEMENT PROVISIONS. 

15 (a) DUTIES OF SECRETARIES.—This Act shall be en16 forced by the Secretary and the Secretary of the Depart17 ment in which the Coast Guard is operating. The Secre18 taries each may exercise for this purpose the same author19 ity as is granted to the Secretary by section 7(e) of this 

20 Act. 

21 (b) DISTRICT COURT JURISDICTION.—The several 

22 district courts of the United States shall have jurisdiction 

23 over any actions arising under this Act. The venue provi24 sions of title 18, United States Code, and title 28, United 

25 States Code, shall apply to any actions arising under this 
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1 Act. The judges of the district courts of the United States 

2 and the United States magistrate judges may, within their 

3 respective jurisdictions, upon proper oath or affirmation 

4 showing probable cause, issue such warrants or other proc5 ess as may be required for enforcement of this Act, or 

6 any regulation or permit issued under this Act. 

7 (c) POWERS OF ENFORCEMENT.— 

8 (1) Any officer who is authorized pursuant to 

9 the first sentence of subsection (a) of this section by 

10 the Secretary or the Secretary of the Department in 

11 which the Coast Guard is operating to enforce the 

12 provisions of this Act may—

13 (A) with or without a warrant or other 

14 process—

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

16 reasonable cause to believe that such per17 son has committed or is committing an act 

18 prohibited by section 9 of this Act; 

19 (ii) search or inspect any offshore 

20 aquaculture facility; 

21 (iii) seize any offshore aquaculture fa22 cility (together with its equipment, fur23 niture, appurtenances, stores, and cargo) 

24 used or employed in aid of, or with respect 

25 to which it reasonably appears that such 
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1 offshore aquaculture facility was used or 

2 employed in aid of, the violation of any 

3 provision of this Act or any regulation or 

4 permit issued under this Act; 

5 (iv) seize any living marine resource 

6 (wherever found) retained, in any manner, 

7 in connection with or as a result of the 

8 commission of any act prohibited by sec9 tion 9 of this Act; and 

10 (v) seize any evidence related to any 

11 violation of any provision of this Act or 

12 any regulation or permit issued under this 

13 Act; 

14 (B) execute any warrant or other process 

15 issued by any court of competent jurisdiction; 

16 and 

17 (C) exercise any other lawful authority. 

18 (2) Any officer who is authorized pursuant to 

19 the first sentence of subsection (a) of this section by 

20 the Secretary or the Secretary of the department in 

21 which the Coast Guard is operating to enforce the 

22 provisions of this Act may make an arrest without 

23 a warrant for (A) an offense against the United 

24 States committed in his presence, or (B) for a felony 

25 cognizable under the laws of the United States, if he 
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1 has reasonable grounds to believe that the person to 

2 be arrested has committed or is committing a felony. 

3 Any such authorized person may execute and serve 

4 a subpoena, arrest warrant or search warrant issued 

5 in accordance with Rule 41 of the Federal Rules of 

6 Criminal Procedure, or other warrant of civil or 

7 criminal process issued by any officer or court of 

8 competent jurisdiction for enforcement of the Act, or 

9 any regulation or permit issued under this Act. 

10 (d) ISSUANCE OF CITATIONS.—If any authorized offi11 cer finds that a person is engaging in or has engaged in 

12 offshore aquaculture in violation of any provision of this 

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

14 (e) LIABILITY FOR COSTS.—Any person who violates 

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

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

17 maintenance of any living marine resource or other prop18 erty seized in connection with the violation. 

19 (f) Upon the request of the Secretary, the Attorney 

20 General of the United States may seek to enjoin any per21 son who is alleged to be in violation of any provision of 

22 this Act, or regulation or permit issued under this Act. 

23 SEC. 11. CIVIL ENFORCEMENT AND PERMIT SANCTIONS. 

24 (a) CIVIL PENALTIES.— 
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1 (1) Any person who is found by the Secretary, 

2 after notice and opportunity for a hearing in accord3 ance with section 554 of title 5, United States Code, 

4 to have violated this Act, or a regulation or permit 

5 issued under this Act, shall be liable to the United 

6 States for a civil penalty. The amount of the civil 

7 penalty under this paragraph shall not exceed 

8 $120,000 for each violation. Each day of a con9 tinuing violation shall constitute a separate violation. 

10 The amount of such civil penalty shall be assessed 

11 by the Secretary by written notice. In determining 

12 the amount of such penalty, the Secretary shall take 

13 into account the nature, circumstances, extent, and 

14 gravity of the prohibited acts committed and, with 

15 respect to the violation, the degree of culpability, 

16 any history of prior violations, and such other mat17 ters as justice may require. 

18 (2) The Secretary may compromise, modify, or 

19 remit, with or without conditions, any civil penalty 

20 under paragraph (1) that is subject to imposition or 

21 that has been imposed under this section. 

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

23 violates any provision of this Act, or any regulation or per24 mit issued thereunder, shall be subject to a civil penalty 

25 of not to exceed $240,000 for each such violation. Each 
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1 day of a continuing violation shall constitute a separate 

2 violation. The Attorney General, upon the request of the 

3 Secretary, may commence a civil action in an appropriate 

4 district court of the United States, and such court shall 

5 have jurisdiction to award civil penalties and such other 

6 relief as justice may require. In determining the amount 

7 of a civil penalty, the court shall take into account the 

8 nature, circumstances, extent, and gravity of the prohib9 ited acts committed and, with respect to the violation, the 

10 degree of culpability, any history of prior violations and 

11 such other matters as justice may require. 

12 (c) PERMIT SANCTIONS.— 

13 (1) In any case in which—

14 (A) an offshore aquaculture facility has 

15 been used in the commission of an act prohib16 ited under section 9 of this Act; 

17 (B) the owner or operator of an offshore 

18 aquaculture facility or any other person who 

19 has been issued or has applied for a permit 

20 under section 4 of this Act has acted in viola21 tion of section 9 of this Act; or 

22 (C) any amount in settlement of a civil for23 feiture imposed on an offshore aquaculture fa24 cility or other property, or any civil penalty or 

25 criminal fine imposed under this Act or imposed 
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1 on any other person who has been issued or has 

2 applied for a permit under any fishery resource 

3 statute enforced by the Secretary, has not been 

4 paid and is overdue,the Secretary may—

5 (i) revoke any permit issued with re6 spect to such offshore aquaculture facility 

7 or applied for by such a person under this 

8 Act, with or without prejudice to the 

9 issuance of subsequent permits; 

10 (ii) suspend such permit for a period 

11 of time considered by the Secretary to be 

12 appropriate; 

13 (iii) deny such permit; or 

14 (iv) impose additional conditions and 

15 restrictions on such permit. 

16 (2) In imposing a sanction under this sub17 section, the Secretary shall take into account—

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

19 gravity of the prohibited acts for which the 

20 sanction is imposed; and 

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

22 of culpability, any history of prior violations, 

23 and such other matters as justice may require. 

24 (3) Transfer of ownership of an offshore aqua25 culture facility, by sale or otherwise, shall not extin-
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1 guish any permit sanction that is in effect or is 

2 pending at the time of transfer of ownership. Before 

3 executing the transfer of ownership of an offshore 

4 aquaculture facility, by sale or otherwise, the owner 

5 shall disclose in writing to the prospective transferee 

6 the existence of any permit sanction that will be in 

7 effect or pending with respect to the offshore aqua8 culture facility at the time of the transfer. The Sec9 retary may waive or compromise a sanction in the 

10 case of a transfer pursuant to court order. 

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

12 under this subsection for nonpayment of a civil pen13 alty or criminal fine, the Secretary shall reinstate 

14 the permit upon payment of the penalty or fine and 

15 interest thereon at the prevailing rate. 

16 (5) No sanctions shall be imposed under this 

17 subsection unless there has been prior opportunity 

18 for a hearing on the facts underlying the violation 

19 for which the sanction is imposed, either in conjunc20 tion with a civil penalty proceeding under this sec21 tion or otherwise. 

22 (d) HEARING.—For the purposes of conducting any 

23 hearing under this section, the Secretary may issue sub24 poenas for the attendance and testimony of witnesses and 

25 the production of relevant papers, books, and documents, 
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1 and may administer oaths. Witnesses summoned shall be 

2 paid the same fees and mileage that are paid to witnesses 

3 in the courts of the United States. In case of contempt 

4 or refusal to obey a subpoena served upon any person pur5 suant to this subsection, the district court of the United 

6 States for any district in which such person is found, re7 sides, or transacts business, upon application by the 

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

9 jurisdiction to issue an order requiring such person to ap10 pear and give testimony before the Secretary or to appear 

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

12 any failure to obey such order of the court may be pun13 ished by such court as a contempt thereof. 

14 (e) JUDICIAL REVIEW.—Any person against whom a 

15 civil penalty is assessed under subsection (a)(1) of this 

16 section or against whose offshore aquaculture facility a 

17 permit sanction is imposed under subsection (c) of this 

18 section (other than a permit suspension for nonpayment 

19 of penalty or fine) may obtain review thereof in the United 

20 States district court for the appropriate district by filing 

21 a complaint against the Secretary in such court within 30 

22 days from the date of such penalty or sanction. The Sec23 retary shall promptly file in such court a certified copy 

24 of the record upon which such penalty or sanction was 

25 imposed, as provided in section 2112 of title 28, United 
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1 States Code. The findings and order of the Secretary shall 

2 be set aside by such court if they are not found to be sup3 ported by substantial evidence, as provided in section 

4 706(2) of title 5, United States Code. 

5 (f) COLLECTION.—If any person fails to pay an as6 sessment of a civil penalty after it has become a final and 

7 unappealable order, or after the appropriate court has en8 tered final judgment in favor of the Secretary, the matter 

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

10 the amount (plus interest at currently prevailing rates 

11 from the date of the final order). In such action the valid12 ity, amount and appropriateness of the final order impos13 ing the civil penalty shall not be subject to review. Any 

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

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

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

17 fees and costs for collection proceedings and a quarterly 

18 nonpayment penalty for each quarter during which such 

19 failure to pay persists. The nonpayment penalty shall be 

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

21 of such person’s penalties and nonpayment penalties which 

22 are unpaid as of the beginning of such quarter. 

23 SEC. 12. CRIMINAL OFFENSES. 

24 Any person who knowingly violates subsection (a)(3) 

25 or (b)(4) of section 4, or subsection (a), (b), or (g) of sec-
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1 tion 9, upon conviction, shall be imprisoned for not more 

2 than 5 years and shall be fined not more than $500,000, 

3 if that person is an individual, or $1,000,000 if that per4 son is not an individual. Any person who knowingly vio5 lates any other provision of section 9 or a measure issued 

6 pursuant to section 5(b)(3) commits a Class C felony sub7 ject to the penalties of title 18, United States Code. The 

8 district courts of the United States shall have jurisdiction 

9 over any actions arising under this Act. For the purpose 

10 of this Act, American Samoa shall be included within the 

11 judicial district of the District Court of the United States 

12 for the District of Hawaii. Each violation shall be a sepa13 rate offense and the offense shall be deemed to have been 

14 committed not only in the district where the violation first 

15 occurred, but also in any other district as authorized by 

16 law. Any offenses not committed in any district are subject 

17 to the venue provisions of section 3238 of title 18, United 

18 States Code. 

19 SEC. 13. FORFEITURES. 

20 (a) IN GENERAL.—Any offshore aquaculture facility 

21 (including its structure, equipment, furniture, appur22 tenances, stores, and cargo) used in aid of and any living 

23 marine resources (or the fair market value thereof) taken 

24 or retained, in any manner, in connection with or as a 

25 result of the violation of any provision of section 9 or sub-
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1 section (a)(3) or (b)(4) of section 4 shall be subject to 

2 forfeiture to the United States. All or part of such offshore 

3 aquaculture facility may, and all such living marine re4 sources (or the fair market value thereof) shall, be for5 feited to the United States pursuant to a civil proceeding 

6 under this section. 

7 (b) JURISDICTION OF THE COURTS.—Any district 

8 court of the United States shall have jurisdiction, upon 

9 application of the Attorney General on behalf of the 

10 United States, to order any forfeiture authorized under 

11 subsection (a) of this section and any action provided for 

12 under subsection (d) of this section. 

13 (c) JUDGMENT.—If a judgment is entered for the 

14 United States in a civil forfeiture proceeding under this 

15 section, the Attorney General may seize any property or 

16 other interest declared forfeited to the United States, 

17 which has not previously been seized pursuant to this Act 

18 or for which security has not previously been obtained. 

19 The provisions of the customs laws relating to—

20 (1) the seizure, forfeiture, and condemnation of 

21 property for violation of the customs law, 

22 (2) the disposition of such property or the pro23 ceeds from the sale thereof, and 

24 (3) the remission or mitigation of any such for25 feiture, 
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1 shall apply to seizures and forfeitures incurred, or alleged 

2 to have been incurred, under the provisions of this Act, 

3 unless such provisions are inconsistent with the purposes, 

4 policy, and provisions of this Act. 

5 (d) PROCEDURE.— 

6 (1) Any officer authorized to serve any process 

7 that is issued by a court under section 10(b) of this 

8 Act shall—

9 (A) stay the execution of such process, or 

10 (B) discharge any living marine resources 

11 seized pursuant to such process, 

12 upon receipt of a satisfactory bond or other security 

13 from any person claiming such property. The bond 

14 or other security shall be conditioned upon such per15 son delivering such property to the appropriate court 

16 upon order thereof, without any impairment of its 

17 value, or paying the monetary value of such property 

18 pursuant to an order of such court. Judgment shall 

19 be recoverable on such bond or other security 

20 against both the principal and any sureties in the 

21 event that any condition thereof is breached, as de22 termined by such court. 

23 (2) Any living marine resources seized pursuant 

24 to this Act may be sold, subject to the approval of 

25 the appropriate court, for not less than the fair mar-
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1 ket value thereof. The proceeds of any such sale 

2 shall be deposited with such court pending the dis3 position of the matter involved. 

4 (e) REBUTTABLE PRESUMPTION.—For purposes of 

5 this section, all living marine resources found within an 

6 offshore aquaculture facility, and which are seized in con7 nection with an act prohibited by section 9 of this Act, 

8 are presumed to have been taken or retained in violation 

9 of this Act, but the presumption can be rebutted by an 

10 appropriate showing of evidence to the contrary.

Æ