I 

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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Sustainable Offshore Aquaculture Act of 

6 2009’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 


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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. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are the following: 

3 (1) To establish a regulatory system for sus4 tainable offshore aquaculture in the United States 

5 exclusive economic zone. 

6 (2) To authorize the Secretary of Commerce to 

7 determine appropriate locations for, permit, regu8 late, monitor, and enforce offshore aquaculture in 

9 the exclusive economic zone. 

10 (3) To require the Secretary of Commerce to 

11 issue regulations for permitting of offshore aqua12 culture in the exclusive economic zone that prevent 

13 impacts on the marine ecosystem and fisheries or 

14 minimize such impacts to the extent they cannot be 

15 avoided. 

16 (4) To establish a research program to guide 

17 the precautionary development of offshore aqua18 culture in the exclusive economic zone that ensures 


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1 ecological sustainability and compatibility with 

2 healthy, functional ecosystems. 

3 SEC. 3. NOAA OFFICE; ADVISORY BOARD. 

4 (a) NOAA OFFICE.— 

5 (1) IN GENERAL.—The Secretary shall establish 

6 an Office of Sustainable Offshore Aquaculture with7 in the National Marine Fisheries Service at National 

8 Oceanic and Atmospheric Administration head9 quarters, and satellite offices of such office in each 

10 of the National Oceanic and Atmospheric Adminis11 tration’s regional fisheries offices. 

12 (2) DUTIES.—The Office shall be responsible 

13 for implementing this Act, and shall— 

14 (A) conduct the regional programmatic en15 vironmental impact studies under section 4; 

16 (B) implement the permitting and regu17 latory program under section 5; 

18 (C) administer the research program estab19 lished under section 7; 

20 (D) coordinate aquaculture and related 

21 issues within the National Oceanic and Atmos22 pheric Administration; 

23 (E) perform outreach, education, and 

24 training; 


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1 (F) provide opportunities for consultation 

2 among owners and operators of offshore aqua3 culture facilities, Regional Fishery Management 

4 Councils, nonprofit conservation organizations, 

5 and other interested stakeholders; 

6 (G) organize through each regional office a 

7 network of regional experts, in coordination 

8 with relevant organizations such as the Na9 tional Sea Grant College program and other 

10 academic institutions, to provide technical ex11 pertise on aquaculture; 

12 (H) maintain the database required by 

13 paragraph (3); and 

14 (I) perform such other functions as are 

15 necessary to carry out this Act. 

16 (3) DATABASE.—The Secretary shall establish 

17 and maintain within the Office an aquaculture data18 base, which shall include information on research, 

19 technologies, monitoring techniques, best manage20 ment practices, and recommendations of the Sus21 tainable Offshore Aquaculture Advisory Board estab22 lished under subsection (b). The Secretary shall 

23 make the database available to the general public in 

24 a manner that protects proprietary information of 


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1 owners and operators of offshore aquaculture facili2 ties. 

3 (b) ADVISORY BOARD.— 

4 (1) IN GENERAL.—The Office shall establish a 

5 Sustainable Offshore Aquaculture Advisory Board, 

6 the members of which shall be appointed by the Sec7 retary. 

8 (2) STRUCTURE.—The membership of the Advi9 sory Board shall include, at a minimum, representa10 tives from the National Marine Fisheries Service, 

11 the commercial and recreational fishing industries, 

12 State or local governments, the Coast Guard, non13 profit conservation organizations, members of aca14 demia with scientific or technical expertise in ocean 

15 and coastal matters, and representatives of the 

16 aquaculture industry. 

17 (3) APPOINTMENT AND TERMS.— 

18 (A) IN GENERAL.—Members of the Advi19 sory Board shall be appointed by the Secretary 

20 for a term of 2 years. 

21 (B) VACANCIES.—Whenever a vacancy oc22 curs, the Secretary shall appoint an individual 

23 representing the same interests or affiliation 

24 represented by the individual’s predecessor to 


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1 fill that vacancy for the remainder of the appli2 cable term. 

3 (4) CHAIRPERSON.—The Advisory Board shall 

4 have a chairperson, who shall be elected by the Advi5 sory Board from among its members. The chair6 person shall serve for a 2-year term. 

7 (5) DUTIES.—The Advisory Board shall— 

8 (A) meet at least once every six months; 

9 and 

10 (B) provide advice to the Secretary on all 

11 aspects of offshore aquaculture, including devel12 oping technologies, emerging risks, issues 

13 unique to each region, and priorities for re14 search authorized under section 7. 

15 (6) CONTINUING EXISTENCE.—Section 14(a)(2) 

16 of the Federal Advisory Committee Act (5 U.S.C. 

17 App.) shall not apply to the Advisory Board. 

18 SEC. 4. REGIONAL PROGRAMMATIC ENVIRONMENTAL IM19 PACT STATEMENTS. 

20 (a) IN GENERAL.—The Secretary shall issue for each 

21 region described in subsection (b) a regional programmatic 

22 environmental impact statement under section 102 of the 

23 National Environmental Policy Act of 1969 (42 U.S.C. 

24 4332) regarding permitting of offshore aquaculture under 

25 this Act. 


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1 (b) REGIONS DESCRIBED.—The regions referred to 

2 in subsection (a) are each of the geographic regions for 

3 which a Regional Fishery Management Council is estab4 lished under section 302(a) of the Magnuson-Stevens 

5 Fishery Conservation and Management Act (16 U.S.C. 

6 1852(a)). 

7 (c) IDENTIFICATION OF AREAS.—The Secretary shall 

8 include in the statement under subsection (a) for a region 

9 identification of— 

10 (1) areas of the region that are not appropriate 

11 locations for the conduct of offshore aquaculture; 

12 and 

13 (2) areas of the region that may be appropriate 

14 locations for the conduct of offshore aquaculture. 

15 (d) MATTERS TO BE CONSIDERED.—Each regional 

16 programmatic environmental impact statement shall in17 clude consideration of the following: 

18 (1) Appropriate areas for siting offshore aqua19 culture facilities and operations to avoid adverse im20 pacts, and to minimize any unavoidable impacts on 

21 user groups, public trust values, and the marine en22 vironment, including effects on commercial and rec23 reational fishing and other important ocean uses. 


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1 (2) Impacts on marine ecosystems, sensitive 

2 ocean and coastal habitats, and other plant and ani3 mal species, including— 

4 (A) the impacts of escaped fish on wild 

5 fish populations; 

6 (B) the impacts of interactions with ma7 rine mammals, marine wildlife, and birds; 

8 (C) the impacts of the use of chemical and 

9 biological products, pollutants, and nutrient 

10 wastes on the marine environment; and 

11 (D) effects of removal of forage fish for 

12 feed, fishmeal, and fish oil on marine eco13 systems. 

14 (3) Cumulative effects of a number of offshore 

15 aquaculture facilities on the ability of the marine en16 vironment to maintain preexisting flora and fauna. 

17 (4) Design of offshore aquaculture facilities and 

18 operations to avoid adverse environmental impacts, 

19 and to minimize any unavoidable impacts. 

20 (e) REVIEW AND REVISION.—The Administrator 

21 shall review, revise, and publish in the Federal Register 

22 each regional programmatic environmental impact state23 ment under this section every 10 years, including by— 

24 (1) reviewing and revising, as appropriate, iden25 tifications of areas under subsection (c); and 


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1 (2) reassessing the analysis of each such identi2 fication, taking into account changes in environ3 mental conditions and information that has become 

4 available since the date of such identification. 

5 (f) PROGRAMMATIC EIS REQUIRED.—No permit may 

6 be issued under section 5 for an offshore aquaculture facil7 ity before the date of the issuance of all programmatic 

8 environmental impact statements under this section. 

9 (g) ENVIRONMENTAL REVIEW.—In addition to the 

10 requirement to issue regional programmatic environmental 

11 impact statements under this section, a separate environ12 mental review under section 102 of the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4332) shall be con14 ducted for issuing permits under this Act. 

15 SEC. 5. OFFSHORE AQUACULTURE PERMITTING. 

16 (a) PERMITTING REQUIREMENT.— 

17 (1) IN GENERAL.—No person may engage in 

18 offshore aquaculture except as authorized by a per19 mit issued under this Act. 

20 (2) PERMITTING AUTHORITY.—The Secretary 

21 may issue permits in accordance with this Act au22 thorizing a person to engage in offshore aquaculture. 

23 (3) EXISTING AUTHORIZATIONS NOT EFFEC24 TIVE.—No permit or other authorization issued 

25 under any other Federal law before the date of the 


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1 enactment of this Act shall be construed as author2 izing activity for which a permit is required by this 

3 Act. 

4 (b) REGULATIONS.— 

5 (1) IN GENERAL.—The Secretary shall issue 

6 regulations that govern the issuance of permits 

7 under this Act and the conduct of activities under 

8 such permits by not later than 180 days after the 

9 regional programmatic environmental impact state10 ments required under section 4 are completed. 

11 (2) PRIORITY OF METHOD.—The regulations 

12 shall— 

13 (A) to the extent feasible, establish numer14 ical standards for environmental performance 

15 under such permits; 

16 (B) to the extent such numerical standards 

17 are not feasible, establish narrative standards 

18 for such performance; and 

19 (C) to the extent such numerical standards 

20 and narrative standards are not feasible, re21 quire management practices, including imple22 mentation of best management practices for 

23 such performance. 


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1 (3) BEST SCIENTIFIC INFORMATION AVAIL2 ABLE.—The regulations shall be based on the best 

3 scientific information available. 

4 (4) REVIEW OF REGULATIONS.—The Secretary 

5 shall review and revise the regulations under this 

6 section at the same time the Secretary conducts re7 views of regional programmatic environmental im8 pact statements under section 4(e). 

9 (c) APPLICATION.—The applicant for a permit under 

10 this section shall submit to the Secretary an application— 

11 (1) specifying— 

12 (A) the proposed location to be developed 

13 under the permit, including— 

14 (i) size; 

15 (ii) depth; 

16 (iii) water conditions, including cur17 rents; 

18 (iv) substrate; 

19 (v) preliminary habitat and ecological 

20 community assessment data; 

21 (vi) distribution and composition of 

22 species; 

23 (vii) proximity to other offshore aqua24 culture facilities; and 

25 (viii) proximity to other uses; 


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1 (B) the proposed operation to be developed 

2 under the permit; 

3 (C) the marine species to be propagated or 

4 reared, or both; and 

5 (D) design, construction, and operational 

6 information as may be specified in the regula7 tions under this section; 

8 (2) demonstrating that the location is sufficient 

9 to avoid or minimize adverse effects on resources 

10 and other resource users; and 

11 (3) containing such other information as may 

12 be required by the Secretary. 

13 (d) ELIGIBILITY.—A person shall not be eligible to 

14 apply for a permit under this section unless the person 

15 is an individual who is a resident of the United States 

16 or a corporation, partnership, or other entity organized 

17 and existing under the laws of a State or the United 

18 States. 

19 (e) PUBLIC NOTICE AND COMMENT.—The Secretary 

20 shall— 

21 (1) promptly publish public notice of each appli22 cation received by the Secretary for a permit under 

23 this section; 

24 (2) determine whether a permit application is 

25 complete within 30 days of receipt; and 


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1 (3) provide a period of at least 90 days after 

2 determining that the application is complete for the 

3 submission of public comment on the application. 

4 (f) CONSIDERATION BY SECRETARY.— 

5 (1) IN GENERAL.—Within 180 days after deter6 mining that a permit application under this section 

7 is complete and the applicant has satisfied all appli8 cable statutory and regulatory requirements, the 

9 Secretary shall issue or deny the permit. If the Sec10 retary is unable to issue or deny a permit within this 

11 time period, the Secretary shall provide written no12 tice to the applicant indicating the reasons for the 

13 delay and establishing a reasonable timeline for 

14 issuing or denying the permit. 

15 (2) CONSULTATION NOT AFFECTED.—Para16 graph (1) shall not be construed to affect the appli17 cation of any requirement under section 7 of the En18 dangered Species Act of 1973 (16 U.S.C. 1536) or 

19 any other Federal law. 

20 (g) PERMIT TERMS.— 

21 (1) EFFECTIVE PERIOD; RENEWAL.—A permit 

22 under this section— 

23 (A) shall be effective for an initial period 

24 of 10 years; and 


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1 (B) may be renewed by the Secretary for 

2 subsequent 10-year periods. 

3 (2) PERMITTEE’S RIGHT OF FIRST REFUSAL.— 

4 The Secretary may not issue a permit under this 

5 section to a person for an area that is subject to an6 other permit under this section held by another per7 son, unless— 

8 (A) the other person elects not to renew 

9 the other permit; or 

10 (B) the other permit expires or is termi11 nated by its terms. 

12 (3) TRANSFERABILITY.—A permit under this 

13 section shall be transferable to any person who is 

14 otherwise eligible for the permit. 

15 (h) PRIORITIZATION OF PERMITS.—The Secretary— 

16 (1) shall give priority to issuance of permits for 

17 activities to be conducted in an area that has been 

18 identified in a statement under section 4(c)(2) as an 

19 area that may be an appropriate location for the 

20 conduct of offshore aquaculture; 

21 (2) shall give priority to issuance of permits for 

22 activities to be conducted using technologies and 

23 practices that will substantially exceed compliance 

24 with the permit terms and conditions required under 

25 subsection (j); and 


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1 (3) may waive some or all of the requirements 

2 to pay a fee under section 6 with respect to a permit 

3 required to be given priority under paragraph (1) or 

4 (2). 

5 (i) ANNUAL REVIEW AND REPORTING.— 

6 (1) IN GENERAL.—The Secretary shall con7 duct— 

8 (A) an annual review of compliance with 

9 permits under this Act by each permittee; and 

10 (B) announced and unannounced site in11 spections at locations of offshore aquaculture 

12 facilities operated under such permits. 

13 (2) REPORTING REQUIREMENTS.—With respect 

14 to activities under a permit under this section, the 

15 permittee shall report annually to the Secretary— 

16 (A) comprehensive data regarding escape 

17 events, including estimates of stocked and har18 vested fish and mortalities; 

19 (B) nutrient-loading data and community 

20 structure data to assess the impact of offshore 

21 aquaculture on the water column and the 

22 benthos; 

23 (C) prevalence and extent of disease and 

24 parasites; 


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1 (D) the use and amounts of antibiotics, 

2 pesticides, prescription drugs and nonprescrip3 tion drugs, and other chemical treatments; 

4 (E) sources of fish feed, including invoices, 

5 receipts, or bills of lading showing source of 

6 wild fish stock; and 

7 (F) other information, as required by the 

8 Secretary. 

9 (3) AVAILABILITY OF INFORMATION.—The Sec10 retary shall make all data reported by permittees 

11 publically available, subject to reasonable restrictions 

12 to protect proprietary information of owners and op13 erators of offshore aquaculture facilities. 

14 (4) ASSESSMENT OF REPORTED DATA.—The 

15 Secretary shall conduct an independent assessment 

16 of all data reported by permittees to ensure permit 

17 compliance and identify potential cumulative impacts 

18 of offshore aquaculture. 

19 (j) PERMIT TERMS AND CONDITIONS.—The Sec20 retary shall include in the terms and conditions of each 

21 permit under this Act the following: 

22 (1) BROODSTOCK MANAGEMENT AND FISH ES23 CAPES.— 

24 (A) Offshore aquaculture under such per25 mit shall be limited to species of a genotype naVerDate Nov 24 2008 23:26 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4363.IH H4363

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1 tive to the geographic region of the offshore 

2 aquaculture facility or operations authorized by 

3 the permit. 

4 (B) Species of special concern or those of 

5 protected status under the Endangered Species 

6 Act of 1973 (16 U.S.C. 1531 et seq.) shall not 

7 be cultured for growout and harvest. 

8 (C) Genetically modified species shall not 

9 be cultured. 

10 (D) Native species shall be cultured in a 

11 manner that ensures fish escapes will not harm 

12 the genetics of local wild fish. Stocked fish shall 

13 be no further than two generations from the 

14 relevant wild stock, and shall not have been ex15 posed to intentional selective breeding. 

16 (E) All cultured fish shall be marked, 

17 tagged, or otherwise identified as belonging to 

18 the permittee in a manner determined appro19 priate by the Secretary, unless the Secretary 

20 determines that identifying cultured fish is un21 necessary for protecting wild fish stocks, the 

22 marine environment, or other ocean uses. 

23 (F) All facilities and operations shall be 

24 designed, operated, and shown to be effective at 

25 preventing the escape of cultured fish into the 


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1 marine environment and withstanding severe 

2 weather conditions and marine accidents. The 

3 permittee shall maintain records on all escapes. 

4 In the event of escapement, the number of es5 caped fish and the circumstances surrounding 

6 the incident shall be reported immediately to 

7 the Secretary. 

8 (G) Wild-caught fish shall not be contained 

9 in any research project under section 7 or off10 shore aquaculture facility permitted under this 

11 Act for the purposes of growing such fish to 

12 market size or mass, or with the intention of 

13 selling such fish. 

14 (2) DISEASE AND PATHOGEN PREVENTION.— 

15 The Secretary shall— 

16 (A) require offshore aquaculture facilities 

17 to be designed, located, and operated to prevent 

18 the incubation and spread of disease and patho19 gens and ecosystem impacts from disease and 

20 pathogen introduction; 

21 (B) prohibit the use, including the prophy22 lactic use, of antibiotics, pesticides, prescription 

23 and nonprescription drugs, or other chemical 

24 treatments; except that— 


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1 (i) such use may be allowed as nec2 essary to treat a diagnosed disease; and 

3 (ii) the use of vaccines may be al4 lowed; 

5 (C) require that if use of antibiotics, pes6 ticides, prescription or nonprescription drugs, 

7 or other chemical treatments is necessary to 

8 treat a diagnosed disease and multiple options 

9 for treatment of such disease exist— 

10 (i) the option with the least environ11 mental impact shall be used; and 

12 (ii) such use shall be minimized to the 

13 maximum extent practicable; 

14 (D) require that the use of antifouling 

15 paints on all offshore aquaculture facilities, ves16 sels, and in-water structures be minimized to 

17 the maximum extent practicable; and 

18 (E) prohibit the use of any antibiotic, pes19 ticide, prescription or nonprescription drug, or 

20 other chemical treatment for marine aqua21 culture except after consultation with the Com22 missioner of the Food and Drug Administra23 tion. 

24 (3) HABITAT AND ECOSYSTEM IMPACTS.—The 

25 Secretary— 


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1 (A) shall establish appropriate numerical 

2 limitations of nutrient inputs into the marine 

3 environment from offshore aquaculture facili4 ties— 

5 (i) in consultation with the Adminis6 trator of the Environmental Protection 

7 Agency; 

8 (ii) at a local or regional level as nec9 essary to protect the environment; and 

10 (iii) taking into account cumulative 

11 and secondary impacts of such inputs at 

12 the local and regional level from the expan13 sion of offshore aquaculture; and 

14 (B) shall require each permittee under this 

15 Act to prevent discharges of pollutants into 

16 ocean waters to the maximum extent prac17 ticable. 

18 (4) INTERACTIONS WITH AND IMPACTS ON MA19 RINE WILDLIFE.—The Secretary shall— 

20 (A) require each permittee under this Act 

21 to develop a comprehensive, integrated predator 

22 management plan that— 

23 (i) employs nonlethal deterrents as a 

24 primary course of action; and 


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1 (ii) contains measures to prevent en2 tanglement, migration disruption, and 

3 change in predator behavior, so as to not 

4 unreasonably disrupt wildlife or their use 

5 of critical marine habitat; and 

6 (B) prohibit permittees under this Act— 

7 (i) from using underwater acoustic de8 terrent devices of any kind; and 

9 (ii) from intentionally killing or seri10 ously injuring marine mammals and other 

11 predators of cultured fish, except if human 

12 safety is immediately threatened. 

13 (5) USE OF MARINE RESOURCES FOR FEEDS.— 

14 The Secretary shall— 

15 (A) prohibit the use under permits under 

16 this Act of wild fish as feed ingredients for off17 shore aquaculture unless— 

18 (i) they are sourced from populations 

19 with ecosystem-based management meas20 ures in place; and 

21 (ii) they are sourced from populations 

22 whose biomass is at or above maximum 

23 sustainable yield; 


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1 (B) require that use under such permits of 

2 fishmeal and fish oil derived from forage fish3 eries be minimized; 

4 (C) require that alternatives to fishmeal 

5 and fish oil, or fishmeal and fish oil made from 

6 fish byproducts be utilized under such permits 

7 to the maximum extent practicable; and 

8 (D) issue guidance that incorporates the 

9 results of the joint NOAA–USDA Alternative 

10 Feeds Initiative and other research efforts in11 vestigating alternative feed ingredients. 

12 (6) INTERACTIONS WITH FISHERIES.—The Sec13 retary shall minimize displacement of commercial 

14 and recreational fisherman and economic harm to 

15 fishing communities resulting from activities under 

16 permits under this Act. 

17 (7) SITING.—The Secretary shall prohibit siting 

18 of an offshore aquaculture facility under a permit 

19 under this Act— 

20 (A) in sensitive habitat, including any ma21 rine protected area, marine reserve, Habitat 

22 Area of Particular Concern, Special Manage23 ment Zone, or National Marine Sanctuary; 

24 (B) in an area that is identified in a re25 gional programmatic environmental impact 


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1 statement under section 4(c)(1) as an area that 

2 is not an appropriate location for the conduct 

3 of offshore aquaculture; or 

4 (C) on or attached to any portion of an oil 

5 or gas platform, including one that is no longer 

6 in service. 

7 (k) LIMITED RIGHT.—The Secretary shall not issue 

8 any permit under this Act that constitutes a property right 

9 for which compensation could be required under the Fifth 

10 Amendment to the Constitution. 

11 (l) LIMITATION IN THE PUBLIC INTEREST.—The 

12 Secretary shall not issue a permit under this Act for an 

13 offshore aquaculture project if the Secretary determines 

14 that denial of a permit for the project is in the public in15 terest. 

16 SEC. 6. FEES. 

17 (a) PERMIT FEES.— 

18 (1) IN GENERAL.—The Secretary shall estab19 lish, assess, and collect application fees and annual 

20 fees with respect to permits under this Act that are 

21 sufficient to pay the costs of issuance, monitoring, 

22 and enforcement of such permits. 

23 (2) DEPOSIT AND USE.—Such fees shall be de24 posited as offsetting collections in the Operations, 


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1 Research, and Facilities account of the Department 

2 of Commerce. 

3 (b) RESOURCE RENTAL FEES.— 

4 (1) IN GENERAL.—The Secretary shall estab5 lish, assess, and collect resource rental fees to re6 cover from permittees under this Act a reasonable 

7 portion of the value of the use under the permits of 

8 ocean resources held in public trust. 

9 (2) DEPOSIT AND USE.—Amounts received by 

10 the United States as fees under this subsection— 

11 (A) shall be deposited into a separate ac12 count in the Treasury, which shall be known as 

13 the Offshore Aquaculture Development and Re14 source Trust Fund; and 

15 (B) shall be available to the Secretary, 

16 subject to the availability of appropriations and 

17 review by the Offshore Aquaculture Advisory 

18 Board established under section 3(b), to en19 hance the research program under section 7. 

20 (c) FINANCIAL GUARANTEE.—The Secretary shall re21 quire each permittee under this Act to post a bond or 

22 other form of financial guarantee, in an amount to be de23 termined by the Secretary to be sufficient to cover any 

24 unpaid fees, the cost of removing an offshore aquaculture 

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1 culture operations, and other financial risks as identified 

2 by the Secretary. 

3 SEC. 7. SUSTAINABLE OFFSHORE AQUACULTURE RE4 SEARCH PROGRAM. 

5 (a) PURPOSE.—The purpose of this section is to es6 tablish a research program to— 

7 (1) inform how offshore aquaculture permitting 

8 and regulation can adopt a precautionary approach 

9 to industry expansion to ensure ecological sustain10 ability and compatibility with healthy, functional 

11 ecosystems and fisheries; and 

12 (2) develop cost-effective solutions to environ13 mental and socioeconomic impacts of offshore aqua14 culture. 

15 (b) ESTABLISHMENT OF PROGRAM.—The Secretary, 

16 in consultation with other Federal agencies, coastal 

17 States, Regional Fishery Management Councils, academic 

18 institutions, and other interested stakeholders, shall estab19 lish and conduct a research program to guide the sustain20 able development of offshore aquaculture. 

21 (c) TOPICS OF PROGRAM.—The Secretary, through 

22 the research program, shall— 

23 (1) identify environmental factors, aquaculture 

24 technologies, and practices that address the permit 

25 terms and conditions required under section 5(j); 


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1 (2) assess and mitigate the cumulative impacts 

2 of multiple offshore aquaculture facilities; 

3 (3) analyze potential socioeconomic impacts of 

4 offshore aquaculture on fisheries and communities 

5 that are dependent on such fisheries; 

6 (4) evaluate financial, public policy, and market 

7 incentives for sustainable development of offshore 

8 aquaculture; and 

9 (5) conduct or support research on other topics 

10 as considered appropriate by the Secretary to 

11 achieve the purpose of this section. 

12 (d) GRANT PROGRAM.— 

13 (1) IN GENERAL.—The Secretary, subject to 

14 the availability of appropriations, shall establish a 

15 competitive, peer-reviewed grant program to support 

16 research related to the topics of the program under 

17 subsection (c). 

18 (2) ELIGIBILITY.—The Secretary, in consulta19 tion with the Offshore Aquaculture Advisory Board 

20 established under section 3, shall establish criteria 

21 for determining persons who are eligible for grants 

22 under this section. 

23 (e) TRANSPARENCY; USE OF RESULTS.—The Sec24 retary, in consultation with the Advisory Board, shall— 


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1 (1) issue rules for the grant program under 

2 subsection (d) that enable the public to understand 

3 the administration of the grant program, including 

4 the process for application, submission of materials, 

5 and awarding of grants; 

6 (2) utilize and regularly incorporate the infor7 mation gathered from the research program to guide 

8 Federal permitting and rulemaking decisions relat9 ing to offshore aquaculture, with an adaptive man10 agement approach; and 

11 (3) make the findings of the research and devel12 opment program available to the public. 

13 (f) COORDINATION WITH OTHER FEDERAL PRO14 GRAMS.—The Secretary shall coordinate the research pro15 gram with other Federal programs that provide grant 

16 funding for purposes similar to that described in this sec17 tion, such as grants administered by the National Insti18 tute of Science and Technology and its Advanced Tech19 nology Program. 

20 (g) PERMIT MODIFICATION.—The Secretary shall re21 vise permits to accommodate research conducted on or 

22 near offshore aquaculture facilities permitted under sec23 tion 5. 


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

2 (a) CONSULTATION.—The Secretary shall consult, as 

3 appropriate, with other Federal agencies and coastal 

4 States to ensure that offshore aquaculture for which per5 mits are issued under this Act is compatible with the use 

6 of the exclusive economic zone for navigation, resource 

7 protection, recreation, fisheries, national defense (includ8 ing military readiness), mineral exploration and develop9 ment, and other activities. 

10 (b) PERMITS FOR REGULATED SPECIES AND

11 AREAS.— 

12 (1) IN GENERAL.—The Secretary may not issue 

13 a permit under this Act authorizing a person to 

14 propagate or rear a species of a fishery for which 

15 there is in effect a fishery management plan under 

16 the Magnuson-Stevens Fishery Conservation and 

17 Management Act (16 U.S.C. 1801 et seq.), or to 

18 propagate or rear any species in an area that is 

19 within the jurisdiction of a Regional Fishery Man20 agement Council, unless all Regional Fishery Man21 agement Councils that have authority under such 

22 Act to issue such a plan for that fishery or that have 

23 jurisdiction over that area, respectively, have rec24 ommended approval of issuance of the permit. 

25 (2) ENSURING FISHING ACCESS.—The Sec26 retary, in consultation with Regional Fishery ManVerDate Nov 24 2008 23:26 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4363.IH H4363

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1 agement Councils, shall ensure that offshore aqua2 culture permits under this Act do not interfere with 

3 access to commercial and recreational fish stocks. 

4 (c) STATE INPUT.— 

5 (1) NOTICE TO STATE.—The Secretary— 

6 (A) shall promptly provide to a coastal 

7 State notice of the receipt by the Secretary of 

8 any application for a permit under this Act for 

9 any new offshore aquaculture facility to be lo10 cated within 12 miles of the coastline of that 

11 coastal State; and 

12 (B) shall not issue such permit before the 

13 end of the 90-day period beginning on the date 

14 the Secretary provides such notice. 

15 (2) STATE OPT-OUT.— 

16 (A) SUBMISSION OF LIST.—A coastal State 

17 may submit to the Secretary a list of locations, 

18 species, or categories of species (such as finfish 

19 or shellfish) for which the coastal State opposes 

20 the conduct of offshore aquaculture, by no later 

21 than 180 days after the regional programmatic 

22 environmental impact statements under section 

23 4 are published. 

24 (B) SUBSEQUENT SUBMISSION OR REVI25 SION.—A coastal State may submit a list under 


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1 subparagraph (A), or revise or revoke such a 

2 list previously submitted, within 90 days after 

3 the review of a regional environmental impact 

4 statement under section 4(e) is published. 

5 (C) PROHIBITION ON PERMITS.—The Sec6 retary may not issue or renew any permit under 

7 this Act authorizing offshore aquaculture in any 

8 location, or of any species, or category of spe9 cies, that is included in a list submitted under 

10 subparagraph (A) by the nearest coastal State 

11 with respect to that facility. 

12 (d) INTEGRATION WITH OTHER FEDERAL PLAN13 NING.—The Secretary shall integrate the permitting of 

14 offshore aquaculture under this Act with other Federal re15 gional marine spatial planning that has as its purpose eco16 system-based management of United States marine wa17 ters. 

18 SEC. 9. RELATIONSHIP TO OTHER LAWS. 

19 (a) MAGNUSON-STEVENS FISHERY CONSERVATION

20 AND MANAGEMENT ACT.—Notwithstanding the definition 

21 of ‘‘fishing’’ in section 3(16) of the Magnuson-Stevens 

22 Fishery Conservation and Management Act (16 U.S.C. 

23 1802(16)), the conduct of offshore aquaculture in accord24 ance with permits issued under this Act shall not be con25 sidered fishing for purposes of that Act, and no Regional 


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1 Fishery Management Council may issue any permit au2 thorizing offshore aquaculture. The Secretary shall ensure 

3 that offshore aquaculture does not interfere with conserva4 tion and management measures promulgated under the 

5 Magnuson-Stevens Fishery Conservation and Manage6 ment Act (16 U.S.C. 1801 et seq.). 

7 (b) ACTIONS AFFECTING THE OUTER CONTINENTAL

8 SHELF.— 

9 (1) CONCURRENCE OF SECRETARY OF THE IN10 TERIOR REQUIRED.—The Secretary must obtain the 

11 concurrence of the Secretary of the Interior before 

12 issuing any permit under this Act for offshore aqua13 culture facilities located— 

14 (A) on any lease, right-of-use and ease15 ments, or right-of-way authorized or permitted 

16 under the Outer Continental Shelf Lands Act 

17 (43 U.S.C. 1331 et seq.); or 

18 (B) within 1 mile of any other facility for 

19 which a permit has been issued, or for which a 

20 plan has been approved, under that Act. 

21 (2) PRIOR CONSENT REQUIRED.—The Sec22 retary may not issue any permit under this Act au23 thorizing offshore aquaculture on any lease, right-of 

24 use and easements, or right-of-way referred to in 

25 paragraph (1)(A) without the prior consent of the 


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1 lessee, its designated operator, and the owner of the 

2 facility concerned. 

3 (3) REVIEW OF LEASE, ETC., COMPLIANCE.— 

4 The Secretary of the Interior shall review and ap5 prove any agreement between a lessee, designated 

6 operator, and owner of a facility described in para7 graph (1) and a prospective offshore aquaculture fa8 cility operator to ensure that it is consistent with the 

9 Federal lease terms, Department of the Interior reg10 ulations, and the Secretary of the Interior’s role in 

11 the protection of the marine environment, property, 

12 or human life or health. An agreement under this 

13 subsection shall be part of the information reviewed 

14 pursuant to the Coastal Zone Management Act of 

15 1972 review process described in paragraph (4) and 

16 shall not be subject to a separate review under the 

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

18 1451 et seq.). 

19 (4) COORDINATED COASTAL ZONE MANAGE20 MENT ACT OF 1972 REVIEW.— 

21 (A) REVIEW IF CONSISTENCY DETERMINA22 TION REQUIRED FOR PERMIT APPLICATIONS.— 

23 If the applicant for a permit under this Act for 

24 an offshore aquaculture facility that will utilize 

25 a facility described in paragraph (1) is required 


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1 to submit for its offshore aquaculture permit 

2 application under this Act a consistency certifi3 cation under section 307(c)(3)(A) of the Coast4 al Zone Management Act of 1972 (16 U.S.C. 

5 1456(c)(3)(A)) to a coastal State, the coastal 

6 State’s review under such Act and cor7 responding Federal regulations shall also in8 clude any modification to a lessee’s approved 

9 plan or other document for which a consistency 

10 certification would otherwise be required under 

11 applicable Federal regulations, including 

12 changes to its plan for decommissioning any fa13 cilities, resulting from or necessary for the 

14 issuance of the permit under this Act, if infor15 mation related to such modifications or changes 

16 is received by the coastal State at the time the 

17 coastal State receives the offshore aquaculture 

18 permit applicant’s consistency certification. If 

19 the information related to such modifications or 

20 changes is received by the coastal State at the 

21 time the coastal State receives the offshore 

22 aquaculture permit applicant’s consistency cer23 tification, a lessee is not required to submit a 

24 separate consistency certification for any such 

25 modification or change under section 


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1 307(c)(3)(B) of the Coastal Zone Management 

2 Act of 1972 (16 U.S.C. 1456(c)(3)(B)) and the 

3 coastal State’s concurrence or objection, or pre4 sumed concurrence, under section 307(c)(3)(A) 

5 of the Coastal Zone Management Act of 1972 

6 (16 U.S.C. 1456(c)(3)(A)) in a consistency de7 termination for the offshore aquaculture permit, 

8 shall apply to both the offshore aquaculture 

9 permit and to any related modifications or 

10 changes to a lessee’s plan approved under the 

11 Outer Continental Shelf Lands Act. 

12 (B) REVIEW IF STATE IS NOT AUTHORIZED

13 TO REVIEW PERMIT APPLICATION.—If a coastal 

14 State is not authorized by section 307(c)(3)(A) 

15 of the Coastal Zone Management Act (16 

16 U.S.C. 1456(c)(3)(A)) and corresponding Fed17 eral regulations to review an offshore aqua18 culture permit application submitted under this 

19 Act, then any modifications or changes to a les20 see’s approved plan or other document requir21 ing approval from the Department of the Inte22 rior, shall be subject to coastal State review 

23 pursuant to the requirements of section 

24 307(c)(3)(B) of the Coastal Zone Management 

25 Act of 1972 (16 U.S.C. 1456(c)(3)(B)), if a 


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1 consistency certification for those modifications 

2 or changes is required under applicable Federal 

3 regulations. 

4 (c) COASTAL ZONE MANAGEMENT ACT OF 1972.— 

5 (1) IN GENERAL.—This Act shall not affect the 

6 application of the Coastal Zone Management Act of 

7 1972 (16 U.S.C. 1451 et seq.), and regulations pro8 mulgated thereunder, with respect to offshore aqua9 culture. 

10 (2) ASSISTANCE TO STATES.—The Secretary 

11 shall provide technical and, subject to the availability 

12 of appropriations, financial assistance to States to 

13 review and, if necessary, revise their management 

14 plans under that Act to address offshore aquaculture 

15 in State and Federal marine waters. 

16 (d) RESERVATION OF AUTHORITIES, ETC.—Nothing 

17 in this Act shall be construed to displace, supersede, or 

18 limit the jurisdiction, responsibilities, or authorities of any 

19 Federal or State agency, or Indian tribe or Alaska Native 

20 organization, under any Federal law or treaty. 

21 SEC. 10. UNLAWFUL ACTIVITIES. 

22 It is unlawful for any person— 

23 (1) to engage in offshore aquaculture, except in 

24 accordance with this Act and valid permits issued 

25 under this Act; 


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1 (2) to falsify any information required to be re2 ported, communicated, or recorded pursuant to this 

3 Act or any regulation or permit issued under this 

4 Act, or to fail to submit in a timely fashion any re5 quired information, or to fail to report to the Sec6 retary immediately any change in circumstances that 

7 has the effect of rendering any such information 

8 false, incomplete, or misleading; 

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

10 conduct any lawful boarding, lawful search, or lawful 

11 inspection in connection with the enforcement of this 

12 Act or any regulation or permit issued under this 

13 Act; 

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

15 intimidate, or interfere with an authorized officer in 

16 the conduct of any boarding, search, or inspection in 

17 connection with the enforcement of this Act or any 

18 regulation or permit issued under this Act; 

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

20 act prohibited by this section; 

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

22 means, the apprehension, arrest, or detection of an23 other person, knowing that such person has com24 mitted any act prohibited by this section; 


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1 (7) upon the expiration or termination of any 

2 offshore aquaculture permit under this Act for any 

3 reason, to fail to remove all structures, gear, and 

4 other property from the site, or take other measures, 

5 as prescribed by the Secretary, to restore the site; 

6 (8) to violate any provision of this Act, any reg7 ulation promulgated under this Act, or any term or 

8 condition of any permit issued under this Act; or 

9 (9) to attempt to commit any act described in 

10 paragraph (1), (2), (7), or (8). 

11 SEC. 11. ENFORCEMENT. 

12 (a) DUTIES OF SECRETARIES.—This Act shall be en13 forced by the Secretary and the Secretary of the depart14 ment in which the Coast Guard is operating. 

15 (b) POWERS OF ENFORCEMENT.— 

16 (1) IN GENERAL.—Any officer who is author17 ized pursuant to subsection (a) by the Secretary or 

18 the Secretary of the department in which the Coast 

19 Guard is operating to enforce the provisions of this 

20 Act may— 

21 (A) with or without a warrant or other 

22 process— 

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

24 reasonable cause to believe that such perVerDate Nov 24 2008 23:26 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4363.IH H4363

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1 son has committed or is committing an act 

2 prohibited by section 10; 

3 (ii) board, search, or inspect any off4 shore aquaculture facility and any related 

5 land-based facility; 

6 (iii) seize any offshore aquaculture fa7 cility (together with its equipment, records, 

8 furniture, appurtenances, stores, and 

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

10 employed in aid of, or with respect to 

11 which it reasonably appears that such off12 shore aquaculture facility was used or em13 ployed in aid of, the violation of any provi14 sion of this Act or any regulation or permit 

15 issued under this Act; 

16 (iv) seize any marine species (wher17 ever found) retained, in any manner, in 

18 connection with or as a result of the com19 mission of any act prohibited by section 

20 10; and 

21 (v) seize any evidence related to any 

22 violation of any provision of this Act or 

23 any regulation or permit issued under this 

24 Act; 


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1 (B) execute any warrant or other process 

2 issued by any court of competent jurisdiction; 

3 and 

4 (C) exercise any other lawful authority. 

5 (2) ARRESTS, SUBPOENAS, AND WARRANTS.— 

6 (A) ARREST WITHOUT WARRANT.—Any of7 ficer who is authorized pursuant to subsection 

8 (a) of this section by the Secretary or the Sec9 retary of the department in which the Coast 

10 Guard is operating to enforce the provisions of 

11 this Act may make an arrest without a warrant 

12 for— 

13 (i) an offense against the United 

14 States committed in his or her presence; or 

15 (ii) a felony cognizable under the laws 

16 of the United States, if he has reasonable 

17 grounds to believe that the person to be ar18 rested has committed or is committing a 

19 felony. 

20 (B) SUBPOENAS AND WARRANTS.—Any 

21 such authorized officer may execute and serve 

22 a subpoena, arrest warrant, or search warrant 

23 issued in accordance with rule 41 of the Fed24 eral Rules of Criminal Procedure, or other war25 rant of civil or criminal process issued by any 


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1 officer or court of competent jurisdiction for en2 forcement of the Act, or any regulation or per3 mit issued under this Act. 

4 (c) ISSUANCE OF CITATIONS.—If any officer referred 

5 to in subsection (b)(2)(A) finds that a person who is the 

6 holder of a permit under this Act is engaging in or has 

7 engaged in offshore aquaculture in violation of any provi8 sion of this Act, such officer may issue a citation to that 

9 person for purposes of subsection (d)(1). 

10 (d) PERMIT SUSPENSION, MODIFICATION, OR REV11 OCATION.— 

12 (1) REPEATED CITATION.—If the Secretary 

13 finds that a person is repeatedly cited under sub14 section (c) with respect to offshore aquaculture 

15 under a permit, the Secretary shall immediately sus16 pend or revoke the permit for which the citations 

17 were issued. 

18 (2) EMERGENCY.—If the Secretary determines 

19 that an emergency exists with respect to offshore 

20 aquaculture under a permit under this Act that 

21 poses a risk to the safety of humans, to the marine 

22 environment or marine species, or to the security of 

23 the United States, the Secretary shall immediately 

24 suspend, modify, or revoke the permit for such time 


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1 as the Secretary may determine necessary to address 

2 the emergency. 

3 (3) NEW INFORMATION.—The Secretary may 

4 suspend, modify, or revoke a permit under this Act 

5 at any time if the Secretary determines, based on in6 formation obtained after the issuance of the permit 

7 (including information obtained under the research 

8 program under section 7), that the permit terms and 

9 conditions are no longer consistent with the terms of 

10 this Act. 

11 (4) OPPORTUNITY TO BE HEARD.—The Sec12 retary shall afford the permit holder a prompt 

13 postsuspension, postmodification, or postrevocation 

14 opportunity to be heard regarding the suspension, 

15 modification, or revocation. 

16 (e) ENFORCEMENT UNDER MAGNUSON-STEVENS

17 FISHERY CONSERVATION AND MANAGEMENT ACT.—For 

18 purposes of sections 308, 309, and 310 of the Magnuson19 Stevens Fishery Conservation and Management Act (16 

20 U.S.C. 1858, 1859, 1860), a violation of this Act shall 

21 be treated as a violation of section 307(1) of that Act (16 

22 U.S.C. 1857(1)). 

23 (f) CITIZEN SUITS.— 

24 (1) IN GENERAL.— 


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1 (A) ACTIONS AUTHORIZED.—Except as 

2 provided in paragraph (2), any person may 

3 commence a civil suit on his or her own be4 half— 

5 (i) to enjoin any person, including the 

6 United States and any other governmental 

7 instrumentality or agency (to the extent 

8 permitted by the Eleventh Amendment to 

9 the Constitution), who is alleged to be in 

10 violation of any provision of this Act, per11 mit, or regulation issued under the author12 ity thereof; or 

13 (ii) against the Secretary where there 

14 is alleged a failure of the Secretary to per15 form any act or duty under this Act that 

16 is not discretionary with the Secretary. 

17 (B) JURISDICTION.—The district courts 

18 shall have jurisdiction, without regard to the 

19 amount in controversy or the citizenship of the 

20 parties, to enforce any such provision or regula21 tion or to order the Secretary to perform such 

22 act or duty, as the case may be. 

23 (2) LIMITATIONS.— 

24 (A) ACTION TO ENJOIN.—No action may 

25 be commenced under paragraph (1)(A)(i)— 


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1 (i) prior to 60 days after written no2 tice of the violation has been given to the 

3 Secretary, and to any alleged violator of 

4 any such provision, permit, or regulation; 

5 (ii) if the Secretary has commenced 

6 action to impose a penalty pursuant to the 

7 other provisions of this Act; or 

8 (iii) if the United States has com9 menced and is diligently prosecuting a 

10 criminal action in a court of the United 

11 States or a State to redress a violation of 

12 any such provision, permit, or regulation. 

13 (B) ACTION AGAINST SECRETARY.—No ac14 tion may be commenced under paragraph 

15 (1)(A)(ii) prior to 60 days after written notice 

16 has been given to the Secretary. 

17 (3) VENUE.—Any suit under this subsection 

18 may be brought in the judicial district in which the 

19 violation occurs. 

20 (4) INTERVENTION BY ATTORNEY GENERAL.— 

21 In any such suit under this subsection in which the 

22 United States is not a party, the Attorney General, 

23 at the request of the Secretary, may intervene on be24 half of the United States as a matter of right. 


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1 (5) AWARD OF COSTS.—The court, in issuing 

2 any final order in any suit brought pursuant to 

3 paragraph (1), may award costs of litigation (includ4 ing reasonable attorney and expert witness fees) to 

5 any party, whenever the court determines such 

6 award is appropriate. 

7 (6) OTHER RIGHTS NOT AFFECTED.—The in8 junctive relief provided by this subsection shall not 

9 restrict any right that any person (or class of per10 sons) may have under any statute or common law to 

11 seek enforcement of any standard or limitation or to 

12 seek any other relief (including relief against the 

13 Secretary or a State agency). 

14 SEC. 12. NATURAL RESOURCES DAMAGES ASSESSMENT 

15 AND LIABILITY. 

16 (a) NATURAL RESOURCES DAMAGES ASSESSMENT.— 

17 The Secretary shall— 

18 (1) assess natural resource damages resulting 

19 from the conduct of offshore aquaculture other than 

20 as authorized under Federal or State law; and 

21 (2) carry out remediation of destruction or loss 

22 of, or injury to, natural resources resulting from 

23 such conduct and determined in such an assessment. 

24 (b) LIABILITY FOR DAMAGES.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), any person who conducts offshore aqua3 culture other than as authorized under Federal or 

4 State law shall be strictly liable to the United States 

5 for natural resources damages resulting from such 

6 offshore aquaculture that are assessed by the Sec7 retary under subsection (a). 

8 (2) LIMITATION.—A person is not liable under 

9 this section for natural resources damages if that 

10 person establishes that— 

11 (A) the destruction or loss of, or injury to, 

12 natural resources from which such damages 

13 arose was caused solely by an act of God, an 

14 act of war, or an act of omission of a third 

15 party, and the person acted with due care; 

16 (B) such destruction, loss, or injury was 

17 caused by an activity authorized by Federal or 

18 State law; or 

19 (C) such destruction, loss, or injury was 

20 negligible. 

21 SEC. 13. ENCOURAGING WORLDWIDE ADHERENCE TO THE 

22 AQUACULTURE PROVISIONS OF THE CODE 

23 OF CONDUCT FOR RESPONSIBLE FISHERIES. 

24 The Secretary shall— 


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1 (1) urge United Nations Food and Agriculture 

2 Organization to adopt a protocol to the Code of Con3 duct for Responsible Fisheries elaborating the need 

4 for, and ways to achieve, net seafood production 

5 from aquaculture; 

6 (2) work to ensure that international fisheries 

7 agreements recognize the importance of— 

8 (A) forage fish in marine ecosystem dy9 namics; and 

10 (B) fishery management that maintains 

11 the structure and function of marine food webs; 

12 (3) use bilateral economic and scientific rela13 tionships to encourage countries to manage their do14 mestic stocks of forage fish on an ecosystem basis; 

15 and 

16 (4) lead an international effort for the develop17 ment of a traceability system for distinguishing, 

18 identifying, and sourcing fishmeal and fish oil so 

19 that ecologically sustainable feeds are available and 

20 distinguishable to aquaculture. 

21 SEC. 14. DEFINITIONS. 

22 In this Act: 

23 (1) ADVISORY BOARD.—The term ‘‘advisory 

24 board’’ means the Sustainable Offshore Aquaculture 

25 Advisory Board established under section 3(b). 


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1 (2) ANTIFOULING PAINT.—The term 

2 ‘‘antifouling paint’’ has the meaning that term has 

3 in section 3 of the Organotin Antifouling Paint Con4 trol Act of 1988 (33 U.S.C. 2402). 

5 (3) COASTAL STATE.—The term ‘‘coastal 

6 State’’ means— 

7 (A) a State of the United States in, or bor8 dering on, the Atlantic, Pacific, or Arctic 

9 Ocean, the Gulf of Mexico, or Long Island 

10 Sound; and 

11 (B) Puerto Rico, the Virgin Islands, 

12 Guam, the Commonwealth of the Northern 

13 Mariana Islands, the Trust Territories of the 

14 Pacific Islands, and American Samoa. 

15 (4) COASTLINE.—The term ‘‘coastline’’ means 

16 the line of ordinary low water along that portion of 

17 the coast that is in direct contact with the open sea 

18 and the line marking the seaward limit of inland wa19 ters. 

20 (5) DAMAGES.—The term ‘‘damages’’ in21 cludes— 

22 (A) compensation for— 

23 (i) the cost of replacing, restoring, or 

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1 alent to natural resources that are de2 stroyed, lost, or injured; or 

3 (ii) the value of natural resources that 

4 are destroyed, lost, or injured, if the nat5 ural resources cannot be restored or re6 placed or if the equivalent of such natural 

7 resources cannot be acquired; 

8 (B) the cost of a natural resource damage 

9 assessment under subsection 12(a); 

10 (C) the reasonable cost of monitoring ap11 propriate to injured, restored, or replaced nat12 ural resources; and 

13 (D) the cost of enforcement actions under14 taken by the Secretary in response to the de15 struction or loss of, or injury to natural re16 sources, including storage, care, and mainte17 nance of any marine species or other seized 

18 property. 

19 (6) EXCLUSIVE ECONOMIC ZONE.—The term 

20 ‘‘exclusive economic zone’’ has the meaning that 

21 term has in the Magnuson-Stevens Fishery Con22 servation and Management Act (16 U.S.C. 1801 et 

23 seq.). 

24 (7) FISH BYPRODUCTS.—The term ‘‘fish by25 products’’— 


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1 (A) except as provided in subparagraph 

2 (B), means fish parts, including skin, head, 

3 viscera, and bone that result from the proc4 essing of either fish produced by aquaculture or 

5 wild-caught fish; and 

6 (B) does not include bycatch. 

7 (8) GENETICALLY MODIFIED SPECIES.—The 

8 term ‘‘genetically modified species’’ means an orga9 nism with genetic material that has been deliberately 

10 altered using genetic engineering technologies. 

11 (9) HABITAT AREAS OF PARTICULAR CON12 CERN.—The term ‘‘habitat area of particular con13 cern’’ means a habitat area that is ecologically vul14 nerable based on one or more of the following con15 siderations: 

16 (A) The importance of the ecological func17 tion provided by the habitat. 

18 (B) The extent to which the habitat is sen19 sitive to human-induced environmental degrada20 tion. 

21 (C) Whether, and to what extent, develop22 ment activities are, or will be, stressing the 

23 habitat type. 

24 (D) The rarity of the habitat type. 


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1 (10) MARINE PROTECTED AREA.—The term 

2 ‘‘marine protected area’’ means any area of the ma3 rine environment that has been reserved by Federal, 

4 State, territorial, tribal, or local laws or regulations 

5 to provide lasting protection for part or all of the 

6 natural and cultural resources therein. 

7 (11) MARINE RESERVE.—The term ‘‘marine re8 serve’’ means a type of marine protected area where 

9 extractive uses are prohibited. 

10 (12) MARINE SPECIES.—The term ‘‘marine spe11 cies’’ means finfish, mollusks, crustaceans, marine 

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

13 marine mammals and birds. 

14 (13) NATIONAL MARINE SANCTUARY.—The 

15 term ‘‘national marine sanctuary’’ means any area 

16 designated as a national marine sanctuary for pur17 poses of the National Marine Sanctuaries Act (16 

18 U.S.C. 1431 et seq.). 

19 (14) NATURAL RESOURCE.—The term ‘‘natural 

20 resource’’ means land, fish, wildlife, biota, air, 

21 water, and other such resources belonging to, man22 aged by, held in trust by, appertaining to, or other23 wise controlled by the United States, any State or 

24 local government, or any Indian tribe. 


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1 (15) OFFICE.—The term ‘‘Office’’ means the 

2 Office of Sustainable Offshore Aquaculture estab3 lished under section 3(a). 

4 (16) OFFSHORE AQUACULTURE.—The term 

5 ‘‘offshore aquaculture’’ means all activities related 

6 to— 

7 (A) the placement of any installation, facil8 ity, or structure in the exclusive economic zone 

9 for the purposes of propagation and rearing, or 

10 attempted propagation and rearing, of marine 

11 species; and 

12 (B) the operation of any installation, facil13 ity, or structure in the exclusive economic zone 

14 for the purposes of propagation and rearing, or 

15 attempted propagation and rearing, of marine 

16 species. 

17 (17) OFFSHORE AQUACULTURE FACILITY.—The 

18 term ‘‘offshore aquaculture facility’’ means— 

19 (A) a structure, installation, or other com20 plex placed, in whole or in part, for the pur21 poses of propagation and rearing, or attempted 

22 propagation and rearing of marine species in 

23 the exclusive economic zone; and 

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

25 used for such placement. 


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52 

•HR 4363 IH

1 (18) OVERFISHING AND OVERFISHED.—Each of 

2 the terms ‘‘overfishing’’ and ‘‘overfished’’ has the 

3 meaning that term has in the Magnuson-Stevens 

4 Fishery Conservation and Management Act (16 

5 U.S.C. 1801 et seq.). 

6 (19) SECRETARY.—The term ‘‘Secretary’’ 

7 means the Secretary of Commerce. 

8 (20) SPECIAL MANAGEMENT ZONE.—The term 

9 ‘‘special management zone’’ means an area managed 

10 by a State under a special area management plan, 

11 as that term is defined in section 304 of the Coastal 

12 Zone Management Act of 1972 (16 U.S.C. 1453). 

Æ 


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