```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4363 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4363

 To establish a regulatory system and research program for sustainable 
offshore aquaculture in the United States exclusive economic zone, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

  Mrs. Capps introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To establish a regulatory system and research program for sustainable 
offshore aquaculture in the United States exclusive economic zone, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Sustainable Offshore Aquaculture Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. NOAA Office; Advisory Board.
Sec. 4. Regional programmatic environmental impact statements.
Sec. 5. Offshore aquaculture permitting.
Sec. 6. Fees.
Sec. 7. Sustainable offshore aquaculture research program.
Sec. 8. Compatibility with other uses; State input.
Sec. 9. Relationship to other laws.
Sec. 10. Unlawful activities.
Sec. 11. Enforcement.
Sec. 12. Natural resources damages assessment and liability.
Sec. 13. Encouraging worldwide adherence to the aquaculture provisions 
                            of the Code of Conduct for Responsible 
                            Fisheries.
Sec. 14. Definitions.

SEC. 2. PURPOSES.

    The purposes of this Act are the following:
            (1) To establish a regulatory system for sustainable 
        offshore aquaculture in the United States exclusive economic 
        zone.
            (2) To authorize the Secretary of Commerce to determine 
        appropriate locations for, permit, regulate, monitor, and 
        enforce offshore aquaculture in the exclusive economic zone.
            (3) To require the Secretary of Commerce to issue 
        regulations for permitting of offshore aquaculture in the 
        exclusive economic zone that prevent impacts on the marine 
        ecosystem and fisheries or minimize such impacts to the extent 
        they cannot be avoided.
            (4) To establish a research program to guide the 
        precautionary development of offshore aquaculture in the 
        exclusive economic zone that ensures ecological sustainability 
        and compatibility with healthy, functional ecosystems.

SEC. 3. NOAA OFFICE; ADVISORY BOARD.

    (a) NOAA Office.--
            (1) In general.--The Secretary shall establish an Office of 
        Sustainable Offshore Aquaculture within the National Marine 
        Fisheries Service at National Oceanic and Atmospheric 
        Administration headquarters, and satellite offices of such 
        office in each of the National Oceanic and Atmospheric 
        Administration's regional fisheries offices.
            (2) Duties.--The Office shall be responsible for 
        implementing this Act, and shall--
                    (A) conduct the regional programmatic environmental 
                impact studies under section 4;
                    (B) implement the permitting and regulatory program 
                under section 5;
                    (C) administer the research program established 
                under section 7;
                    (D) coordinate aquaculture and related issues 
                within the National Oceanic and Atmospheric 
                Administration;
                    (E) perform outreach, education, and training;
                    (F) provide opportunities for consultation among 
                owners and operators of offshore aquaculture 
                facilities, Regional Fishery Management Councils, 
                nonprofit conservation organizations, and other 
                interested stakeholders;
                    (G) organize through each regional office a network 
                of regional experts, in coordination with relevant 
                organizations such as the National Sea Grant College 
                program and other academic institutions, to provide 
                technical expertise on aquaculture;
                    (H) maintain the database required by paragraph 
                (3); and
                    (I) perform such other functions as are necessary 
                to carry out this Act.
            (3) Database.--The Secretary shall establish and maintain 
        within the Office an aquaculture database, which shall include 
        information on research, technologies, monitoring techniques, 
        best management practices, and recommendations of the 
        Sustainable Offshore Aquaculture Advisory Board established 
        under subsection (b). The Secretary shall make the database 
        available to the general public in a manner that protects 
        proprietary information of owners and operators of offshore 
        aquaculture facilities.
    (b) Advisory Board.--
            (1) In general.--The Office shall establish a Sustainable 
        Offshore Aquaculture Advisory Board, the members of which shall 
        be appointed by the Secretary.
            (2) Structure.--The membership of the Advisory Board shall 
        include, at a minimum, representatives from the National Marine 
        Fisheries Service, the commercial and recreational fishing 
        industries, State or local governments, the Coast Guard, 
        nonprofit conservation organizations, members of academia with 
        scientific or technical expertise in ocean and coastal matters, 
        and representatives of the aquaculture industry.
            (3) Appointment and terms.--
                    (A) In general.--Members of the Advisory Board 
                shall be appointed by the Secretary for a term of 2 
                years.
                    (B) Vacancies.--Whenever a vacancy occurs, the 
                Secretary shall appoint an individual representing the 
                same interests or affiliation represented by the 
                individual's predecessor to fill that vacancy for the 
                remainder of the applicable term.
            (4) Chairperson.--The Advisory Board shall have a 
        chairperson, who shall be elected by the Advisory Board from 
        among its members. The chairperson shall serve for a 2-year 
        term.
            (5) Duties.--The Advisory Board shall--
                    (A) meet at least once every six months; and
                    (B) provide advice to the Secretary on all aspects 
                of offshore aquaculture, including developing 
                technologies, emerging risks, issues unique to each 
                region, and priorities for research authorized under 
                section 7.
            (6) Continuing existence.--Section 14(a)(2) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Advisory Board.

SEC. 4. REGIONAL PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS.

    (a) In General.--The Secretary shall issue for each region 
described in subsection (b) a regional programmatic environmental 
impact statement under section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332) regarding permitting of offshore 
aquaculture under this Act.
    (b) Regions Described.--The regions referred to in subsection (a) 
are each of the geographic regions for which a Regional Fishery 
Management Council is established under section 302(a) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)).
    (c) Identification of Areas.--The Secretary shall include in the 
statement under subsection (a) for a region identification of--
            (1) areas of the region that are not appropriate locations 
        for the conduct of offshore aquaculture; and
            (2) areas of the region that may be appropriate locations 
        for the conduct of offshore aquaculture.
    (d) Matters To Be Considered.--Each regional programmatic 
environmental impact statement shall include consideration of the 
following:
            (1) Appropriate areas for siting offshore aquaculture 
        facilities and operations to avoid adverse impacts, and to 
        minimize any unavoidable impacts on user groups, public trust 
        values, and the marine environment, including effects on 
        commercial and recreational fishing and other important ocean 
        uses.
            (2) Impacts on marine ecosystems, sensitive ocean and 
        coastal habitats, and other plant and animal species, 
        including--
                    (A) the impacts of escaped fish on wild fish 
                populations;
                    (B) the impacts of interactions with marine 
                mammals, marine wildlife, and birds;
                    (C) the impacts of the use of chemical and 
                biological products, pollutants, and nutrient wastes on 
                the marine environment; and
                    (D) effects of removal of forage fish for feed, 
                fishmeal, and fish oil on marine ecosystems.
            (3) Cumulative effects of a number of offshore aquaculture 
        facilities on the ability of the marine environment to maintain 
        preexisting flora and fauna.
            (4) Design of offshore aquaculture facilities and 
        operations to avoid adverse environmental impacts, and to 
        minimize any unavoidable impacts.
    (e) Review and Revision.--The Administrator shall review, revise, 
and publish in the Federal Register each regional programmatic 
environmental impact statement under this section every 10 years, 
including by--
            (1) reviewing and revising, as appropriate, identifications 
        of areas under subsection (c); and
            (2) reassessing the analysis of each such identification, 
        taking into account changes in environmental conditions and 
        information that has become available since the date of such 
        identification.
    (f) Programmatic EIS Required.--No permit may be issued under 
section 5 for an offshore aquaculture facility before the date of the 
issuance of all programmatic environmental impact statements under this 
section.
    (g) Environmental Review.--In addition to the requirement to issue 
regional programmatic environmental impact statements under this 
section, a separate environmental review under section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332) shall be 
conducted for issuing permits under this Act.

SEC. 5. OFFSHORE AQUACULTURE PERMITTING.

    (a) Permitting Requirement.--
            (1) In general.--No person may engage in offshore 
        aquaculture except as authorized by a permit issued under this 
        Act.
            (2) Permitting authority.--The Secretary may issue permits 
        in accordance with this Act authorizing a person to engage in 
        offshore aquaculture.
            (3) Existing authorizations not effective.--No permit or 
        other authorization issued under any other Federal law before 
        the date of the enactment of this Act shall be construed as 
        authorizing activity for which a permit is required by this 
        Act.
    (b) Regulations.--
            (1) In general.--The Secretary shall issue regulations that 
        govern the issuance of permits under this Act and the conduct 
        of activities under such permits by not later than 180 days 
        after the regional programmatic environmental impact statements 
        required under section 4 are completed.
            (2) Priority of method.--The regulations shall--
                    (A) to the extent feasible, establish numerical 
                standards for environmental performance under such 
                permits;
                    (B) to the extent such numerical standards are not 
                feasible, establish narrative standards for such 
                performance; and
                    (C) to the extent such numerical standards and 
                narrative standards are not feasible, require 
                management practices, including implementation of best 
                management practices for such performance.
            (3) Best scientific information available.--The regulations 
        shall be based on the best scientific information available.
            (4) Review of regulations.--The Secretary shall review and 
        revise the regulations under this section at the same time the 
        Secretary conducts reviews of regional programmatic 
        environmental impact statements under section 4(e).
    (c) Application.--The applicant for a permit under this section 
shall submit to the Secretary an application--
            (1) specifying--
                    (A) the proposed location to be developed under the 
                permit, including--
                            (i) size;
                            (ii) depth;
                            (iii) water conditions, including currents;
                            (iv) substrate;
                            (v) preliminary habitat and ecological 
                        community assessment data;
                            (vi) distribution and composition of 
                        species;
                            (vii) proximity to other offshore 
                        aquaculture facilities; and
                            (viii) proximity to other uses;
                    (B) the proposed operation to be developed under 
                the permit;
                    (C) the marine species to be propagated or reared, 
                or both; and
                    (D) design, construction, and operational 
                information as may be specified in the regulations 
                under this section;
            (2) demonstrating that the location is sufficient to avoid 
        or minimize adverse effects on resources and other resource 
        users; and
            (3) containing such other information as may be required by 
        the Secretary.
    (d) Eligibility.--A person shall not be eligible to apply for a 
permit under this section unless the person is an individual who is a 
resident of the United States or a corporation, partnership, or other 
entity organized and existing under the laws of a State or the United 
States.
    (e) Public Notice and Comment.--The Secretary shall--
            (1) promptly publish public notice of each application 
        received by the Secretary for a permit under this section;
            (2) determine whether a permit application is complete 
        within 30 days of receipt; and
            (3) provide a period of at least 90 days after determining 
        that the application is complete for the submission of public 
        comment on the application.
    (f) Consideration by Secretary.--
            (1) In general.--Within 180 days after determining that a 
        permit application under this section is complete and the 
        applicant has satisfied all applicable statutory and regulatory 
        requirements, the Secretary shall issue or deny the permit. If 
        the Secretary is unable to issue or deny a permit within this 
        time period, the Secretary shall provide written notice to the 
        applicant indicating the reasons for the delay and establishing 
        a reasonable timeline for issuing or denying the permit.
            (2) Consultation not affected.--Paragraph (1) shall not be 
        construed to affect the application of any requirement under 
        section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
        1536) or any other Federal law.
    (g) Permit Terms.--
            (1) Effective period; renewal.--A permit under this 
        section--
                    (A) shall be effective for an initial period of 10 
                years; and
                    (B) may be renewed by the Secretary for subsequent 
                10-year periods.
            (2) Permittee's right of first refusal.--The Secretary may 
        not issue a permit under this section to a person for an area 
        that is subject to another permit under this section held by 
        another person, unless--
                    (A) the other person elects not to renew the other 
                permit; or
                    (B) the other permit expires or is terminated by 
                its terms.
            (3) Transferability.--A permit under this section shall be 
        transferable to any person who is otherwise eligible for the 
        permit.
    (h) Prioritization of Permits.--The Secretary--
            (1) shall give priority to issuance of permits for 
        activities to be conducted in an area that has been identified 
        in a statement under section 4(c)(2) as an area that may be an 
        appropriate location for the conduct of offshore aquaculture;
            (2) shall give priority to issuance of permits for 
        activities to be conducted using technologies and practices 
        that will substantially exceed compliance with the permit terms 
        and conditions required under subsection (j); and
            (3) may waive some or all of the requirements to pay a fee 
        under section 6 with respect to a permit required to be given 
        priority under paragraph (1) or (2).
    (i) Annual Review and Reporting.--
            (1) In general.--The Secretary shall conduct--
                    (A) an annual review of compliance with permits 
                under this Act by each permittee; and
                    (B) announced and unannounced site inspections at 
                locations of offshore aquaculture facilities operated 
                under such permits.
            (2) Reporting requirements.--With respect to activities 
        under a permit under this section, the permittee shall report 
        annually to the Secretary--
                    (A) comprehensive data regarding escape events, 
                including estimates of stocked and harvested fish and 
                mortalities;
                    (B) nutrient-loading data and community structure 
                data to assess the impact of offshore aquaculture on 
                the water column and the benthos;
                    (C) prevalence and extent of disease and parasites;
                    (D) the use and amounts of antibiotics, pesticides, 
                prescription drugs and nonprescription drugs, and other 
                chemical treatments;
                    (E) sources of fish feed, including invoices, 
                receipts, or bills of lading showing source of wild 
                fish stock; and
                    (F) other information, as required by the 
                Secretary.
            (3) Availability of information.--The Secretary shall make 
        all data reported by permittees publically available, subject 
        to reasonable restrictions to protect proprietary information 
        of owners and operators of offshore aquaculture facilities.
            (4) Assessment of reported data.--The Secretary shall 
        conduct an independent assessment of all data reported by 
        permittees to ensure permit compliance and identify potential 
        cumulative impacts of offshore aquaculture.
    (j) Permit Terms and Conditions.--The Secretary shall include in 
the terms and conditions of each permit under this Act the following:
            (1) Broodstock management and fish escapes.--
                    (A) Offshore aquaculture under such permit shall be 
                limited to species of a genotype native to the 
                geographic region of the offshore aquaculture facility 
                or operations authorized by the permit.
                    (B) Species of special concern or those of 
                protected status under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) shall not be cultured for 
                growout and harvest.
                    (C) Genetically modified species shall not be 
                cultured.
                    (D) Native species shall be cultured in a manner 
                that ensures fish escapes will not harm the genetics of 
                local wild fish. Stocked fish shall be no further than 
                two generations from the relevant wild stock, and shall 
                not have been exposed to intentional selective 
                breeding.
                    (E) All cultured fish shall be marked, tagged, or 
                otherwise identified as belonging to the permittee in a 
                manner determined appropriate by the Secretary, unless 
                the Secretary determines that identifying cultured fish 
                is unnecessary for protecting wild fish stocks, the 
                marine environment, or other ocean uses.
                    (F) All facilities and operations shall be 
                designed, operated, and shown to be effective at 
                preventing the escape of cultured fish into the marine 
                environment and withstanding severe weather conditions 
                and marine accidents. The permittee shall maintain 
                records on all escapes. In the event of escapement, the 
                number of escaped fish and the circumstances 
                surrounding the incident shall be reported immediately 
                to the Secretary.
                    (G) Wild-caught fish shall not be contained in any 
                research project under section 7 or offshore 
                aquaculture facility permitted under this Act for the 
                purposes of growing such fish to market size or mass, 
                or with the intention of selling such fish.
            (2) Disease and pathogen prevention.--The Secretary shall--
                    (A) require offshore aquaculture facilities to be 
                designed, located, and operated to prevent the 
                incubation and spread of disease and pathogens and 
                ecosystem impacts from disease and pathogen 
                introduction;
                    (B) prohibit the use, including the prophylactic 
                use, of antibiotics, pesticides, prescription and 
                nonprescription drugs, or other chemical treatments; 
                except that--
                            (i) such use may be allowed as necessary to 
                        treat a diagnosed disease; and
                            (ii) the use of vaccines may be allowed;
                    (C) require that if use of antibiotics, pesticides, 
                prescription or nonprescription drugs, or other 
                chemical treatments is necessary to treat a diagnosed 
                disease and multiple options for treatment of such 
                disease exist--
                            (i) the option with the least environmental 
                        impact shall be used; and
                            (ii) such use shall be minimized to the 
                        maximum extent practicable;
                    (D) require that the use of antifouling paints on 
                all offshore aquaculture facilities, vessels, and in-
                water structures be minimized to the maximum extent 
                practicable; and
                    (E) prohibit the use of any antibiotic, pesticide, 
                prescription or nonprescription drug, or other chemical 
                treatment for marine aquaculture except after 
                consultation with the Commissioner of the Food and Drug 
                Administration.
            (3) Habitat and ecosystem impacts.--The Secretary--
                    (A) shall establish appropriate numerical 
                limitations of nutrient inputs into the marine 
                environment from offshore aquaculture facilities--
                            (i) in consultation with the Administrator 
                        of the Environmental Protection Agency;
                            (ii) at a local or regional level as 
                        necessary to protect the environment; and
                            (iii) taking into account cumulative and 
                        secondary impacts of such inputs at the local 
                        and regional level from the expansion of 
                        offshore aquaculture; and
                    (B) shall require each permittee under this Act to 
                prevent discharges of pollutants into ocean waters to 
                the maximum extent practicable.
            (4) Interactions with and impacts on marine wildlife.--The 
        Secretary shall--
                    (A) require each permittee under this Act to 
                develop a comprehensive, integrated predator management 
                plan that--
                            (i) employs nonlethal deterrents as a 
                        primary course of action; and
                            (ii) contains measures to prevent 
                        entanglement, migration disruption, and change 
                        in predator behavior, so as to not unreasonably 
                        disrupt wildlife or their use of critical 
                        marine habitat; and
                    (B) prohibit permittees under this Act--
                            (i) from using underwater acoustic 
                        deterrent devices of any kind; and
                            (ii) from intentionally killing or 
                        seriously injuring marine mammals and other 
                        predators of cultured fish, except if human 
                        safety is immediately threatened.
            (5) Use of marine resources for feeds.--The Secretary 
        shall--
                    (A) prohibit the use under permits under this Act 
                of wild fish as feed ingredients for offshore 
                aquaculture unless--
                            (i) they are sourced from populations with 
                        ecosystem-based management measures in place; 
                        and
                            (ii) they are sourced from populations 
                        whose biomass is at or above maximum 
                        sustainable yield;
                    (B) require that use under such permits of fishmeal 
                and fish oil derived from forage fisheries be 
                minimized;
                    (C) require that alternatives to fishmeal and fish 
                oil, or fishmeal and fish oil made from fish byproducts 
                be utilized under such permits to the maximum extent 
                practicable; and
                    (D) issue guidance that incorporates the results of 
                the joint NOAA-USDA Alternative Feeds Initiative and 
                other research efforts investigating alternative feed 
                ingredients.
            (6) Interactions with fisheries.--The Secretary shall 
        minimize displacement of commercial and recreational fisherman 
        and economic harm to fishing communities resulting from 
        activities under permits under this Act.
            (7) Siting.--The Secretary shall prohibit siting of an 
        offshore aquaculture facility under a permit under this Act--
                    (A) in sensitive habitat, including any marine 
                protected area, marine reserve, Habitat Area of 
                Particular Concern, Special Management Zone, or 
                National Marine Sanctuary;
                    (B) in an area that is identified in a regional 
                programmatic environmental impact statement under 
                section 4(c)(1) as an area that is not an appropriate 
                location for the conduct of offshore aquaculture; or
                    (C) on or attached to any portion of an oil or gas 
                platform, including one that is no longer in service.
    (k) Limited Right.--The Secretary shall not issue any permit under 
this Act that constitutes a property right for which compensation could 
be required under the Fifth Amendment to the Constitution.
    (l) Limitation in the Public Interest.--The Secretary shall not 
issue a permit under this Act for an offshore aquaculture project if 
the Secretary determines that denial of a permit for the project is in 
the public interest.

SEC. 6. FEES.

    (a) Permit Fees.--
            (1) In general.--The Secretary shall establish, assess, and 
        collect application fees and annual fees with respect to 
        permits under this Act that are sufficient to pay the costs of 
        issuance, monitoring, and enforcement of such permits.
            (2) Deposit and use.--Such fees shall be deposited as 
        offsetting collections in the Operations, Research, and 
        Facilities account of the Department of Commerce.
    (b) Resource Rental Fees.--
            (1) In general.--The Secretary shall establish, assess, and 
        collect resource rental fees to recover from permittees under 
        this Act a reasonable portion of the value of the use under the 
        permits of ocean resources held in public trust.
            (2) Deposit and use.--Amounts received by the United States 
        as fees under this subsection--
                    (A) shall be deposited into a separate account in 
                the Treasury, which shall be known as the Offshore 
                Aquaculture Development and Resource Trust Fund; and
                    (B) shall be available to the Secretary, subject to 
                the availability of appropriations and review by the 
                Offshore Aquaculture Advisory Board established under 
                section 3(b), to enhance the research program under 
                section 7.
    (c) Financial Guarantee.--The Secretary shall require each 
permittee under this Act to post a bond or other form of financial 
guarantee, in an amount to be determined by the Secretary to be 
sufficient to cover any unpaid fees, the cost of removing an offshore 
aquaculture facility at the expiration or termination of offshore 
aquaculture operations, and other financial risks as identified by the 
Secretary.

SEC. 7. SUSTAINABLE OFFSHORE AQUACULTURE RESEARCH PROGRAM.

    (a) Purpose.--The purpose of this section is to establish a 
research program to--
            (1) inform how offshore aquaculture permitting and 
        regulation can adopt a precautionary approach to industry 
        expansion to ensure ecological sustainability and compatibility 
        with healthy, functional ecosystems and fisheries; and
            (2) develop cost-effective solutions to environmental and 
        socioeconomic impacts of offshore aquaculture.
    (b) Establishment of Program.--The Secretary, in consultation with 
other Federal agencies, coastal States, Regional Fishery Management 
Councils, academic institutions, and other interested stakeholders, 
shall establish and conduct a research program to guide the sustainable 
development of offshore aquaculture.
    (c) Topics of Program.--The Secretary, through the research 
program, shall--
            (1) identify environmental factors, aquaculture 
        technologies, and practices that address the permit terms and 
        conditions required under section 5(j);
            (2) assess and mitigate the cumulative impacts of multiple 
        offshore aquaculture facilities;
            (3) analyze potential socioeconomic impacts of offshore 
        aquaculture on fisheries and communities that are dependent on 
        such fisheries;
            (4) evaluate financial, public policy, and market 
        incentives for sustainable development of offshore aquaculture; 
        and
            (5) conduct or support research on other topics as 
        considered appropriate by the Secretary to achieve the purpose 
        of this section.
    (d) Grant Program.--
            (1) In general.--The Secretary, subject to the availability 
        of appropriations, shall establish a competitive, peer-reviewed 
        grant program to support research related to the topics of the 
        program under subsection (c).
            (2) Eligibility.--The Secretary, in consultation with the 
        Offshore Aquaculture Advisory Board established under section 
        3, shall establish criteria for determining persons who are 
        eligible for grants under this section.
    (e) Transparency; Use of Results.--The Secretary, in consultation 
with the Advisory Board, shall--
            (1) issue rules for the grant program under subsection (d) 
        that enable the public to understand the administration of the 
        grant program, including the process for application, 
        submission of materials, and awarding of grants;
            (2) utilize and regularly incorporate the information 
        gathered from the research program to guide Federal permitting 
        and rulemaking decisions relating to offshore aquaculture, with 
        an adaptive management approach; and
            (3) make the findings of the research and development 
        program available to the public.
    (f) Coordination With Other Federal Programs.--The Secretary shall 
coordinate the research program with other Federal programs that 
provide grant funding for purposes similar to that described in this 
section, such as grants administered by the National Institute of 
Science and Technology and its Advanced Technology Program.
    (g) Permit Modification.--The Secretary shall revise permits to 
accommodate research conducted on or near offshore aquaculture 
facilities permitted under section 5.

SEC. 8. COMPATIBILITY WITH OTHER USES; STATE INPUT.

    (a) Consultation.--The Secretary shall consult, as appropriate, 
with other Federal agencies and coastal States to ensure that offshore 
aquaculture for which permits are issued under this Act is compatible 
with the use of the exclusive economic zone for navigation, resource 
protection, recreation, fisheries, national defense (including military 
readiness), mineral exploration and development, and other activities.
    (b) Permits for Regulated Species and Areas.--
            (1) In general.--The Secretary may not issue a permit under 
        this Act authorizing a person to propagate or rear a species of 
        a fishery for which there is in effect a fishery management 
        plan under the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.), or to propagate or 
        rear any species in an area that is within the jurisdiction of 
        a Regional Fishery Management Council, unless all Regional 
        Fishery Management Councils that have authority under such Act 
        to issue such a plan for that fishery or that have jurisdiction 
        over that area, respectively, have recommended approval of 
        issuance of the permit.
            (2) Ensuring fishing access.--The Secretary, in 
        consultation with Regional Fishery Management Councils, shall 
        ensure that offshore aquaculture permits under this Act do not 
        interfere with access to commercial and recreational fish 
        stocks.
    (c) State Input.--
            (1) Notice to state.--The Secretary--
                    (A) shall promptly provide to a coastal State 
                notice of the receipt by the Secretary of any 
                application for a permit under this Act for any new 
                offshore aquaculture facility to be located within 12 
                miles of the coastline of that coastal State; and
                    (B) shall not issue such permit before the end of 
                the 90-day period beginning on the date the Secretary 
                provides such notice.
            (2) State opt-out.--
                    (A) Submission of list.--A coastal State may submit 
                to the Secretary a list of locations, species, or 
                categories of species (such as finfish or shellfish) 
                for which the coastal State opposes the conduct of 
                offshore aquaculture, by no later than 180 days after 
                the regional programmatic environmental impact 
                statements under section 4 are published.
                    (B) Subsequent submission or revision.--A coastal 
                State may submit a list under subparagraph (A), or 
                revise or revoke such a list previously submitted, 
                within 90 days after the review of a regional 
                environmental impact statement under section 4(e) is 
                published.
                    (C) Prohibition on permits.--The Secretary may not 
                issue or renew any permit under this Act authorizing 
                offshore aquaculture in any location, or of any 
                species, or category of species, that is included in a 
                list submitted under subparagraph (A) by the nearest 
                coastal State with respect to that facility.
    (d) Integration With Other Federal Planning.--The Secretary shall 
integrate the permitting of offshore aquaculture under this Act with 
other Federal regional marine spatial planning that has as its purpose 
ecosystem-based management of United States marine waters.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

    (a) Magnuson-Stevens Fishery Conservation and Management Act.--
Notwithstanding the definition of ``fishing'' in section 3(16) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1802(16)), the conduct of offshore aquaculture in accordance with 
permits issued under this Act shall not be considered fishing for 
purposes of that Act, and no Regional Fishery Management Council may 
issue any permit authorizing offshore aquaculture. The Secretary shall 
ensure that offshore aquaculture does not interfere with conservation 
and management measures promulgated under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    (b) Actions Affecting the Outer Continental Shelf.--
            (1) Concurrence of secretary of the interior required.--The 
        Secretary must obtain the concurrence of the Secretary of the 
        Interior before issuing any permit under this Act for offshore 
        aquaculture facilities located--
                    (A) on any lease, right-of-use and easements, or 
                right-of-way authorized or permitted under the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); 
                or
                    (B) within 1 mile of any other facility for which a 
                permit has been issued, or for which a plan has been 
                approved, under that Act.
            (2) Prior consent required.--The Secretary may not issue 
        any permit under this Act authorizing offshore aquaculture on 
        any lease, right-of use and easements, or right-of-way referred 
        to in paragraph (1)(A) without the prior consent of the lessee, 
        its designated operator, and the owner of the facility 
        concerned.
            (3) Review of lease, etc., compliance.--The Secretary of 
        the Interior shall review and approve any agreement between a 
        lessee, designated operator, and owner of a facility described 
        in paragraph (1) and a prospective offshore aquaculture 
        facility operator to ensure that it is consistent with the 
        Federal lease terms, Department of the Interior regulations, 
        and the Secretary of the Interior's role in the protection of 
        the marine environment, property, or human life or health. An 
        agreement under this subsection shall be part of the 
        information reviewed pursuant to the Coastal Zone Management 
        Act of 1972 review process described in paragraph (4) and shall 
        not be subject to a separate review under the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1451 et seq.).
            (4) Coordinated coastal zone management act of 1972 
        review.--
                    (A) Review if consistency determination required 
                for permit applications.--If the applicant for a permit 
                under this Act for an offshore aquaculture facility 
                that will utilize a facility described in paragraph (1) 
                is required to submit for its offshore aquaculture 
                permit application under this Act a consistency 
                certification under section 307(c)(3)(A) of the Coastal 
                Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(A)) 
                to a coastal State, the coastal State's review under 
                such Act and corresponding Federal regulations shall 
                also include any modification to a lessee's approved 
                plan or other document for which a consistency 
                certification would otherwise be required under 
                applicable Federal regulations, including changes to 
                its plan for decommissioning any facilities, resulting 
                from or necessary for the issuance of the permit under 
                this Act, if information related to such modifications 
                or changes is received by the coastal State at the time 
                the coastal State receives the offshore aquaculture 
                permit applicant's consistency certification. If the 
                information related to such modifications or changes is 
                received by the coastal State at the time the coastal 
                State receives the offshore aquaculture permit 
                applicant's consistency certification, a lessee is not 
                required to submit a separate consistency certification 
                for any such modification or change under section 
                307(c)(3)(B) of the Coastal Zone Management Act of 1972 
                (16 U.S.C. 1456(c)(3)(B)) and the coastal State's 
                concurrence or objection, or presumed concurrence, 
                under section 307(c)(3)(A) of the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1456(c)(3)(A)) in a 
                consistency determination for the offshore aquaculture 
                permit, shall apply to both the offshore aquaculture 
                permit and to any related modifications or changes to a 
                lessee's plan approved under the Outer Continental 
                Shelf Lands Act.
                    (B) Review if state is not authorized to review 
                permit application.--If a coastal State is not 
                authorized by section 307(c)(3)(A) of the Coastal Zone 
                Management Act (16 U.S.C. 1456(c)(3)(A)) and 
                corresponding Federal regulations to review an offshore 
                aquaculture permit application submitted under this 
                Act, then any modifications or changes to a lessee's 
                approved plan or other document requiring approval from 
                the Department of the Interior, shall be subject to 
                coastal State review pursuant to the requirements of 
                section 307(c)(3)(B) of the Coastal Zone Management Act 
                of 1972 (16 U.S.C. 1456(c)(3)(B)), if a consistency 
                certification for those modifications or changes is 
                required under applicable Federal regulations.
    (c) Coastal Zone Management Act of 1972.--
            (1) In general.--This Act shall not affect the application 
        of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
        seq.), and regulations promulgated thereunder, with respect to 
        offshore aquaculture.
            (2) Assistance to states.--The Secretary shall provide 
        technical and, subject to the availability of appropriations, 
        financial assistance to States to review and, if necessary, 
        revise their management plans under that Act to address 
        offshore aquaculture in State and Federal marine waters.
    (d) Reservation of Authorities, etc.--Nothing in this Act shall be 
construed to displace, supersede, or limit the jurisdiction, 
responsibilities, or authorities of any Federal or State agency, or 
Indian tribe or Alaska Native organization, under any Federal law or 
treaty.

SEC. 10. UNLAWFUL ACTIVITIES.

    It is unlawful for any person--
            (1) to engage in offshore aquaculture, except in accordance 
        with this Act and valid permits issued under this Act;
            (2) to falsify any information required to be reported, 
        communicated, or recorded pursuant to this Act or any 
        regulation or permit issued under this Act, or to fail to 
        submit in a timely fashion any required information, or to fail 
        to report to the Secretary immediately any change in 
        circumstances that has the effect of rendering any such 
        information false, incomplete, or misleading;
            (3) to refuse to permit an authorized officer to conduct 
        any lawful boarding, lawful search, or lawful inspection in 
        connection with the enforcement of this Act or any regulation 
        or permit issued under this Act;
            (4) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with an authorized officer in the 
        conduct of any boarding, search, or inspection in connection 
        with the enforcement of this Act or any regulation or permit 
        issued under this Act;
            (5) to resist a lawful arrest or detention for any act 
        prohibited by this section;
            (6) to interfere with, delay, or prevent, by any means, the 
        apprehension, arrest, or detection of another person, knowing 
        that such person has committed any act prohibited by this 
        section;
            (7) upon the expiration or termination of any offshore 
        aquaculture permit under this Act for any reason, to fail to 
        remove all structures, gear, and other property from the site, 
        or take other measures, as prescribed by the Secretary, to 
        restore the site;
            (8) to violate any provision of this Act, any regulation 
        promulgated under this Act, or any term or condition of any 
        permit issued under this Act; or
            (9) to attempt to commit any act described in paragraph 
        (1), (2), (7), or (8).

SEC. 11. ENFORCEMENT.

    (a) Duties of Secretaries.--This Act shall be enforced by the 
Secretary and the Secretary of the department in which the Coast Guard 
is operating.
    (b) Powers of Enforcement.--
            (1) In general.--Any officer who is authorized pursuant to 
        subsection (a) by the Secretary or the Secretary of the 
        department in which the Coast Guard is operating to enforce the 
        provisions of this Act may--
                    (A) with or without a warrant or other process--
                            (i) arrest any person, if the officer has 
                        reasonable cause to believe that such person 
                        has committed or is committing an act 
                        prohibited by section 10;
                            (ii) board, search, or inspect any offshore 
                        aquaculture facility and any related land-based 
                        facility;
                            (iii) seize any offshore aquaculture 
                        facility (together with its equipment, records, 
                        furniture, appurtenances, stores, and cargo), 
                        and any vessel or vehicle, used or employed in 
                        aid of, or with respect to which it reasonably 
                        appears that such offshore aquaculture facility 
                        was used or employed in aid of, the violation 
                        of any provision of this Act or any regulation 
                        or permit issued under this Act;
                            (iv) seize any marine species (wherever 
                        found) retained, in any manner, in connection 
                        with or as a result of the commission of any 
                        act prohibited by section 10; and
                            (v) seize any evidence related to any 
                        violation of any provision of this Act or any 
                        regulation or permit issued under this Act;
                    (B) execute any warrant or other process issued by 
                any court of competent jurisdiction; and
                    (C) exercise any other lawful authority.
            (2) Arrests, subpoenas, and warrants.--
                    (A) Arrest without warrant.--Any officer who is 
                authorized pursuant to subsection (a) of this section 
                by the Secretary or the Secretary of the department in 
                which the Coast Guard is operating to enforce the 
                provisions of this Act may make an arrest without a 
                warrant for--
                            (i) an offense against the United States 
                        committed in his or her presence; or
                            (ii) a felony cognizable under the laws of 
                        the United States, if he has reasonable grounds 
                        to believe that the person to be arrested has 
                        committed or is committing a felony.
                    (B) Subpoenas and warrants.--Any such authorized 
                officer may execute and serve a subpoena, arrest 
                warrant, or search warrant issued in accordance with 
                rule 41 of the Federal Rules of Criminal Procedure, or 
                other warrant of civil or criminal process issued by 
                any officer or court of competent jurisdiction for 
                enforcement of the Act, or any regulation or permit 
                issued under this Act.
    (c) Issuance of Citations.--If any officer referred to in 
subsection (b)(2)(A) finds that a person who is the holder of a permit 
under this Act is engaging in or has engaged in offshore aquaculture in 
violation of any provision of this Act, such officer may issue a 
citation to that person for purposes of subsection (d)(1).
    (d) Permit Suspension, Modification, or Revocation.--
            (1) Repeated citation.--If the Secretary finds that a 
        person is repeatedly cited under subsection (c) with respect to 
        offshore aquaculture under a permit, the Secretary shall 
        immediately suspend or revoke the permit for which the 
        citations were issued.
            (2) Emergency.--If the Secretary determines that an 
        emergency exists with respect to offshore aquaculture under a 
        permit under this Act that poses a risk to the safety of 
        humans, to the marine environment or marine species, or to the 
        security of the United States, the Secretary shall immediately 
        suspend, modify, or revoke the permit for such time as the 
        Secretary may determine necessary to address the emergency.
            (3) New information.--The Secretary may suspend, modify, or 
        revoke a permit under this Act at any time if the Secretary 
        determines, based on information obtained after the issuance of 
        the permit (including information obtained under the research 
        program under section 7), that the permit terms and conditions 
        are no longer consistent with the terms of this Act.
            (4) Opportunity to be heard.--The Secretary shall afford 
        the permit holder a prompt postsuspension, postmodification, or 
        postrevocation opportunity to be heard regarding the 
        suspension, modification, or revocation.
    (e) Enforcement Under Magnuson-Stevens Fishery Conservation and 
Management Act.--For purposes of sections 308, 309, and 310 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858, 1859, 1860), a violation of this Act shall be treated as a 
violation of section 307(1) of that Act (16 U.S.C. 1857(1)).
    (f) Citizen Suits.--
            (1) In general.--
                    (A) Actions authorized.--Except as provided in 
                paragraph (2), any person may commence a civil suit on 
                his or her own behalf--
                            (i) to enjoin any person, including the 
                        United States and any other governmental 
                        instrumentality or agency (to the extent 
                        permitted by the Eleventh Amendment to the 
                        Constitution), who is alleged to be in 
                        violation of any provision of this Act, permit, 
                        or regulation issued under the authority 
                        thereof; or
                            (ii) against the Secretary where there is 
                        alleged a failure of the Secretary to perform 
                        any act or duty under this Act that is not 
                        discretionary with the Secretary.
                    (B) Jurisdiction.--The district courts shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce any such provision or regulation or to order 
                the Secretary to perform such act or duty, as the case 
                may be.
            (2) Limitations.--
                    (A) Action to enjoin.--No action may be commenced 
                under paragraph (1)(A)(i)--
                            (i) prior to 60 days after written notice 
                        of the violation has been given to the 
                        Secretary, and to any alleged violator of any 
                        such provision, permit, or regulation;
                            (ii) if the Secretary has commenced action 
                        to impose a penalty pursuant to the other 
                        provisions of this Act; or
                            (iii) if the United States has commenced 
                        and is diligently prosecuting a criminal action 
                        in a court of the United States or a State to 
                        redress a violation of any such provision, 
                        permit, or regulation.
                    (B) Action against secretary.--No action may be 
                commenced under paragraph (1)(A)(ii) prior to 60 days 
                after written notice has been given to the Secretary.
            (3) Venue.--Any suit under this subsection may be brought 
        in the judicial district in which the violation occurs.
            (4) Intervention by attorney general.--In any such suit 
        under this subsection in which the United States is not a 
        party, the Attorney General, at the request of the Secretary, 
        may intervene on behalf of the United States as a matter of 
        right.
            (5) Award of costs.--The court, in issuing any final order 
        in any suit brought pursuant to paragraph (1), may award costs 
        of litigation (including reasonable attorney and expert witness 
        fees) to any party, whenever the court determines such award is 
        appropriate.
            (6) Other rights not affected.--The injunctive relief 
        provided by this subsection shall not restrict any right that 
        any person (or class of persons) may have under any statute or 
        common law to seek enforcement of any standard or limitation or 
        to seek any other relief (including relief against the 
        Secretary or a State agency).

SEC. 12. NATURAL RESOURCES DAMAGES ASSESSMENT AND LIABILITY.

    (a) Natural Resources Damages Assessment.--The Secretary shall--
            (1) assess natural resource damages resulting from the 
        conduct of offshore aquaculture other than as authorized under 
        Federal or State law; and
            (2) carry out remediation of destruction or loss of, or 
        injury to, natural resources resulting from such conduct and 
        determined in such an assessment.
    (b) Liability for Damages.--
            (1) In general.--Except as provided in paragraph (2), any 
        person who conducts offshore aquaculture other than as 
        authorized under Federal or State law shall be strictly liable 
        to the United States for natural resources damages resulting 
        from such offshore aquaculture that are assessed by the 
        Secretary under subsection (a).
            (2) Limitation.--A person is not liable under this section 
        for natural resources damages if that person establishes that--
                    (A) the destruction or loss of, or injury to, 
                natural resources from which such damages arose was 
                caused solely by an act of God, an act of war, or an 
                act of omission of a third party, and the person acted 
                with due care;
                    (B) such destruction, loss, or injury was caused by 
                an activity authorized by Federal or State law; or
                    (C) such destruction, loss, or injury was 
                negligible.

SEC. 13. ENCOURAGING WORLDWIDE ADHERENCE TO THE AQUACULTURE PROVISIONS 
              OF THE CODE OF CONDUCT FOR RESPONSIBLE FISHERIES.

    The Secretary shall--
            (1) urge United Nations Food and Agriculture Organization 
        to adopt a protocol to the Code of Conduct for Responsible 
        Fisheries elaborating the need for, and ways to achieve, net 
        seafood production from aquaculture;
            (2) work to ensure that international fisheries agreements 
        recognize the importance of--
                    (A) forage fish in marine ecosystem dynamics; and
                    (B) fishery management that maintains the structure 
                and function of marine food webs;
            (3) use bilateral economic and scientific relationships to 
        encourage countries to manage their domestic stocks of forage 
        fish on an ecosystem basis; and
            (4) lead an international effort for the development of a 
        traceability system for distinguishing, identifying, and 
        sourcing fishmeal and fish oil so that ecologically sustainable 
        feeds are available and distinguishable to aquaculture.

SEC. 14. DEFINITIONS.

    In this Act:
            (1) Advisory board.--The term ``advisory board'' means the 
        Sustainable Offshore Aquaculture Advisory Board established 
        under section 3(b).
            (2) Antifouling paint.--The term ``antifouling paint'' has 
        the meaning that term has in section 3 of the Organotin 
        Antifouling Paint Control Act of 1988 (33 U.S.C. 2402).
            (3) Coastal state.--The term ``coastal State'' means--
                    (A) a State of the United States in, or bordering 
                on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of 
                Mexico, or Long Island Sound; and
                    (B) Puerto Rico, the Virgin Islands, Guam, the 
                Commonwealth of the Northern Mariana Islands, the Trust 
                Territories of the Pacific Islands, and American Samoa.
            (4) Coastline.--The term ``coastline'' means the line of 
        ordinary low water along that portion of the coast that is in 
        direct contact with the open sea and the line marking the 
        seaward limit of inland waters.
            (5) Damages.--The term ``damages'' includes--
                    (A) compensation for--
                            (i) the cost of replacing, restoring, or 
                        acquiring natural resources that are equivalent 
                        to natural resources that are destroyed, lost, 
                        or injured; or
                            (ii) the value of natural resources that 
                        are destroyed, lost, or injured, if the natural 
                        resources cannot be restored or replaced or if 
                        the equivalent of such natural resources cannot 
                        be acquired;
                    (B) the cost of a natural resource damage 
                assessment under subsection 12(a);
                    (C) the reasonable cost of monitoring appropriate 
                to injured, restored, or replaced natural resources; 
                and
                    (D) the cost of enforcement actions undertaken by 
                the Secretary in response to the destruction or loss 
                of, or injury to natural resources, including storage, 
                care, and maintenance of any marine species or other 
                seized property.
            (6) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning that term has in the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).
            (7) Fish byproducts.--The term ``fish byproducts''--
                    (A) except as provided in subparagraph (B), means 
                fish parts, including skin, head, viscera, and bone 
                that result from the processing of either fish produced 
                by aquaculture or wild-caught fish; and
                    (B) does not include bycatch.
            (8) Genetically modified species.--The term ``genetically 
        modified species'' means an organism with genetic material that 
        has been deliberately altered using genetic engineering 
        technologies.
            (9) Habitat areas of particular concern.--The term 
        ``habitat area of particular concern'' means a habitat area 
        that is ecologically vulnerable based on one or more of the 
        following considerations:
                    (A) The importance of the ecological function 
                provided by the habitat.
                    (B) The extent to which the habitat is sensitive to 
                human-induced environmental degradation.
                    (C) Whether, and to what extent, development 
                activities are, or will be, stressing the habitat type.
                    (D) The rarity of the habitat type.
            (10) Marine protected area.--The term ``marine protected 
        area'' means any area of the marine environment that has been 
        reserved by Federal, State, territorial, tribal, or local laws 
        or regulations to provide lasting protection for part or all of 
        the natural and cultural resources therein.
            (11) Marine reserve.--The term ``marine reserve'' means a 
        type of marine protected area where extractive uses are 
        prohibited.
            (12) Marine species.--The term ``marine species'' means 
        finfish, mollusks, crustaceans, marine algae, and all other 
        forms of marine life, excluding marine mammals and birds.
            (13) National marine sanctuary.--The term ``national marine 
        sanctuary'' means any area designated as a national marine 
        sanctuary for purposes of the National Marine Sanctuaries Act 
        (16 U.S.C. 1431 et seq.).
            (14) Natural resource.--The term ``natural resource'' means 
        land, fish, wildlife, biota, air, water, and other such 
        resources belonging to, managed by, held in trust by, 
        appertaining to, or otherwise controlled by the United States, 
        any State or local government, or any Indian tribe.
            (15) Office.--The term ``Office'' means the Office of 
        Sustainable Offshore Aquaculture established under section 
        3(a).
            (16) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means all activities related to--
                    (A) the placement of any installation, facility, or 
                structure in the exclusive economic zone for the 
                purposes of propagation and rearing, or attempted 
                propagation and rearing, of marine species; and
                    (B) the operation of any installation, facility, or 
                structure in the exclusive economic zone for the 
                purposes of propagation and rearing, or attempted 
                propagation and rearing, of marine species.
            (17) Offshore aquaculture facility.--The term ``offshore 
        aquaculture facility'' means--
                    (A) a structure, installation, or other complex 
                placed, in whole or in part, for the purposes of 
                propagation and rearing, or attempted propagation and 
                rearing of marine species in the exclusive economic 
                zone; and
                    (B) an area of the seabed or the subsoil used for 
                such placement.
            (18) Overfishing and overfished.--Each of the terms 
        ``overfishing'' and ``overfished'' has the meaning that term 
        has in the Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1801 et seq.).
            (19) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (20) Special management zone.--The term ``special 
        management zone'' means an area managed by a State under a 
        special area management plan, as that term is defined in 
        section 304 of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1453).
                                 <all>
```