I 

118TH CONGRESS 

1ST SESSION H. R. 5944 

To require the Administrator of the National Oceanic and Atmospheric Administration to establish an assessment program for offshore aquaculture, 

to establish Aquaculture Centers of Excellence, to require a study and 

report, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 12, 2023 

Ms. MACE (for herself, Mr. PANETTA, and Ms. PINGREE) introduced the 

following bill 

OCTOBER 25, 2023 

Referred to the Committee on Natural Resources, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To require the Administrator of the National Oceanic and 

Atmospheric Administration to establish an assessment 

program for offshore aquaculture, to establish Aquaculture Centers of Excellence, to require a study and 

report, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Science-based Equi3 table Aquaculture Food Act’’ or the ‘‘SEAfood Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the National 

8 Oceanographic and Atmospheric Administration. 

9 (2) APPROPRIATE COMMITTEES OF CON10 GRESS.—The term ‘‘appropriate committees of Con11 gress’’ means— 

12 (A) the Committee on Commerce, Science, 

13 and Transportation of the Senate; 

14 (B) the Committee on Environment and 

15 Public Works of the Senate; 

16 (C) the Committee on Agriculture, Nutri17 tion, and Forestry of the Senate; 

18 (D) the Committee on Natural Resources 

19 of the House of Representatives; 

20 (E) the Committee on Agriculture of the 

21 House of Representatives; and 

22 (F) the Committee on Transportation and 

23 Infrastructure of the House of Representatives. 

24 (3) COMMUNITY WITH ENVIRONMENTAL JUS25 TICE CONCERNS.—The term ‘‘community with envi26 ronmental justice concerns’’ means a community 


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1 with significant representation of any of the fol2 lowing: 

3 (A) Individuals who reside in a census 

4 block group in which 30 percent or more of the 

5 population are individuals with an annual 

6 household income that does not exceed the 

7 greater of— 

8 (i) an amount equal to 80 percent of 

9 the median income of the area in which the 

10 household is located, as reported by the 

11 Secretary of Housing and Urban Develop12 ment; or 

13 (ii) 200 percent of the Federal pov14 erty line. 

15 (B) Individuals who reside in a geographi16 cally distinct area in which the population of 

17 any of the following categories of individuals is 

18 higher than the average population of that cat19 egory for the State in which the community is 

20 located: 

21 (i) Black. 

22 (ii) African American. 

23 (iii) Asian. 

24 (iv) Pacific Islander. 

25 (v) Other non-White race. 


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1 (vi) Hispanic. 

2 (vii) Latino. 

3 (viii) Linguistically isolated. 

4 (C) Members of a Tribal or Indigenous 

5 community. 

6 (4) COUNCIL COORDINATION COMMITTEE.—The 

7 term ‘‘Council Coordination Committee’’ means the 

8 committee established under section 302(l) of the 

9 Magnuson-Stevens Fishery Conservation and Man10 agement Act (16 U.S.C. 1852(l)). 

11 (5) COVERED INSTITUTION.—The term ‘‘cov12 ered institution’’ means— 

13 (A) a minority-serving institution; 

14 (B) a historically Black college or univer15 sity; or 

16 (C) a Tribal College or University. 

17 (6) ESCAPE.—The term ‘‘escape’’ means the es18 cape of juvenile- or adult-farmed organisms, viable 

19 gametes, or fertilized eggs spawned by farmed orga20 nisms from offshore aquaculture facilities. 

21 (7) EXCLUSIVE ECONOMIC ZONE.—The term 

22 ‘‘exclusive economic zone’’ has the meaning given 

23 that term in section 3 of the Magnuson-Stevens 

24 Fishery Conservation and Management Act (16 

25 U.S.C. 1802). 


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1 (8) HISTORICALLY BLACK COLLEGE OR UNI2 VERSITY.—The term ‘‘historically Black college or 

3 university’’ has the meaning given the term ‘‘part B 

4 institution’’ in section 322 of the Higher Education 

5 Act of 1965 (20 U.S.C. 1061). 

6 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

7 has the meaning given that term in section 4 of the 

8 Indian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 5304). 

10 (10) INSTITUTION OF HIGHER EDUCATION.— 

11 The term ‘‘institution of higher education’’ has the 

12 meaning given that term in section 101 of the High13 er Education Act of 1965 (20 U.S.C. 1001). 

14 (11) MINORITY-SERVING INSTITUTION.—The 

15 term ‘‘minority-serving institution’’ means an eligi16 ble institution described in paragraph (2), (4), (5), 

17 (6), or (7) of section 371(a) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1067q(a)). 

19 (12) OFFSHORE AQUACULTURE.—The term 

20 ‘‘offshore aquaculture’’ means aquaculture con21 ducted in the exclusive economic zone. 

22 (13) SPECIALLY AFFECTED ADJACENT COASTAL

23 JURISDICTION.—The term ‘‘specially affected adja24 cent coastal jurisdiction’’ means, with respect to any 

25 activity proposed, conducted, or approved by the AdVerDate Sep 11 2014 19:59 Nov 05, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5944.IH H5944

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1 ministrator under section 4, any coastal State land 

2 or coastal Tribal land— 

3 (A) that is adjacent to, or the waters of 

4 which are adjacent to, the Federal waters in 

5 which such activity is conducted; 

6 (B) that is used, or is scheduled to be 

7 used, as a support base for such activity; and 

8 (C) for which there is a reasonable prob9 ability of significant effect on uses of land or 

10 water from such activity. 

11 (14) STATE.—The term ‘‘State’’ means each of 

12 the several States, the District of Columbia, and 

13 each commonwealth, territory, or possession of the 

14 United States. 

15 (15) TRIBAL COLLEGE OR UNIVERSITY.—The 

16 term ‘‘Tribal College or University’’ means an insti17 tution described in section 316(b) of the Higher 

18 Education Act of 1965 (20 U.S.C. 1059c(b)) that is 

19 chartered by the governing body of the applicable In20 dian Tribe or by the Federal Government. 

21 (16) TRIBAL LAND.—The term ‘‘Tribal land’’ 

22 means land that is subject to the jurisdiction of an 

23 Indian Tribe. 


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1 (17) TRIBAL OR INDIGENOUS COMMUNITY.— 

2 The term ‘‘Tribal or Indigenous community’’ means 

3 a population of people who are— 

4 (A) enrolled members of an Indian Tribe; 

5 (B) members of an Alaska Native or Na6 tive Hawaiian community or organization; or 

7 (C) members of any other community of 

8 Indigenous people located in a State. 

9 (18) UNDERSERVED COMMUNITIES.— 

10 (A) IN GENERAL.—The term ‘‘underserved 

11 communities’’ means— 

12 (i) women; and 

13 (ii) individuals belonging to commu14 nities that have been denied consistent and 

15 systematic fair, just, and impartial treat16 ment and have been systematically denied 

17 a full opportunity to participate in all as18 pects of economic, social, and civic life, in19 cluding— 

20 (I) Black, Latino, Indigenous, 

21 and Native American individuals; 

22 (II) Asian Americans and Pacific 

23 Islanders; and 

24 (III) other persons of color. 


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1 (B) INCLUSIONS.—In the context of the 

2 offshore aquaculture industry, the term ‘‘under3 served communities’’, within fishing commu4 nities, may include— 

5 (i) subsistence fishery participants 

6 and their dependents; 

7 (ii) fishing vessel crews; 

8 (iii) fish processor and distribution 

9 workers; and 

10 (iv) territorial fishing communities, 

11 including such communities in American 

12 Samoa, Guam, the Commonwealth of the 

13 Northern Mariana Islands, Puerto Rico, 

14 and the United States Virgin Islands. 

15 (19) VETERAN.—The term ‘‘veteran’’ has the 

16 meaning given that term in section 101 of title 38, 

17 United States Code. 

18 SEC. 3. STUDY ON OFFSHORE AQUACULTURE BY OCEAN 

19 STUDIES BOARD OF THE NATIONAL ACAD20 EMIES OF SCIENCES, ENGINEERING, AND 

21 MEDICINE. 

22 (a) STUDY.—The Administrator shall seek to enter 

23 into a contract with the Ocean Studies Board of the Na24 tional Academies of Sciences, Engineering, and Medicine 

25 (in this section referred to as the ‘‘Board’’) under which 


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1 the Board shall, not later than 30 months after the date 

2 of the enactment of this Act— 

3 (1) complete a study— 

4 (A) to determine whether the Board rec5 ommends the pursuit of offshore aquaculture; 

6 and 

7 (B) if the Board recommends the pursuit 

8 of offshore aquaculture, to develop the scientific 

9 basis for efficient and effective regulation of 

10 offshore aquaculture; and 

11 (2) submit to Congress and make publicly avail12 able the results of the study. 

13 (b) ELEMENTS.—The study completed pursuant to 

14 subsection (a) shall, with respect to offshore aqua15 culture— 

16 (1) identify— 

17 (A) optimal methods of operation of off18 shore aquaculture facilities to limit adverse ef19 fects on the environment, wildlife, and human 

20 well-being, including— 

21 (i) considerations to guide siting deci22 sions of such facilities; 

23 (ii) appropriate stocking densities; and 

24 (iii) opportunities for selective breed25 ing; 


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1 (B) a science-based definition of ‘‘respon2 sible offshore aquaculture feed or other inputs’’, 

3 including guidance on sourcing feed or other in4 puts to address long- or short-term concerns, 

5 including the availability and scalability of such 

6 inputs; 

7 (C) potential adverse effects on the envi8 ronment, wildlife, and human well-being, includ9 ing from— 

10 (i) the use of antibiotics and other 

11 pharmaceuticals by offshore aquaculture 

12 facilities, including through analyses nec13 essary to establish acceptable rates, impact 

14 levels, and risk thresholds, such as anal15 yses of organism antibiotic consumption or 

16 metabolization versus excretion to the sur17 rounding environment; 

18 (ii) assimilation of pollution origi19 nating from such facilities on marine orga20 nisms; 

21 (iii) the risk posed by misplaced or 

22 damaged equipment; 

23 (iv) the risk of harmful interactions 

24 with wildlife; 


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1 (v) interbreeding and the spread of 

2 disease; 

3 (vi) the source and environmental im4 pacts associated with the collection and re5 moval of brood stock for offshore aqua6 culture operations and impacts of hatch7 eries and prestocking rearing operations 

8 that are specific to offshore aquaculture; 

9 (vii) large-scale cultivation of filter10 feed bivalve organisms and seaweed on the 

11 marine food webs; 

12 (viii) offshore aquaculture facilities 

13 acting as aggregating devices and increas14 ing the vulnerability of wild fisheries and 

15 wildlife populations to fishing or other 

16 sources of mortality; 

17 (ix) predator control devices and 

18 methods; and 

19 (x) the use of nonsustainable sources 

20 of feed or other inputs, including the use 

21 of globally limited marine resources for 

22 feed ingredients, environmental impacts, 

23 and scalability of alternatives, including— 


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1 (I) novel ingredients (for exam2 ple, insect, single cell protein, and 

3 algae); 

4 (II) traditional ingredients (for 

5 example, soya); and 

6 (III) other inputs; 

7 (D) potential methods and technologies to 

8 mitigate adverse effects, including the effects 

9 identified under subparagraph (C); 

10 (E) potential conflicts and solutions to 

11 mitigate such conflicts between offshore aqua12 culture facilities and other users of the offshore 

13 environment; 

14 (F) the types of data and qualitative infor15 mation necessary for the optimal operation of 

16 such facilities and appropriate methods of pro17 curing such data and information, including 

18 from— 

19 (i) citizen science (as defined in sec20 tion 402(c) of the Crowdsourcing and Cit21 izen Science Act (15 U.S.C. 3724(c))); and 

22 (ii) the traditional offshore aqua23 culture knowledge of Tribal and Indige24 nous communities; and 


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1 (G) the considerations necessary to ac2 count for the effects of climate change pre3 dictive assessments on the siting and operation 

4 of offshore aquaculture facilities; and 

5 (2) provide recommendations for legislative or 

6 administrative action with respect to— 

7 (A) methods of operation identified under 

8 paragraph (1)(A); 

9 (B) mitigating adverse effects identified 

10 under paragraph (1)(C); 

11 (C) environmental standards, control rules, 

12 or reference points that build upon the existing 

13 public and private standards for the sustain14 ability of offshore aquaculture; and 

15 (D) ensuring that operators of offshore 

16 aquaculture facilities adhere to international 

17 standards for social responsibility, public 

18 health, and equitable labor practices, including 

19 with respect to sourcing inputs for such facili20 ties. 

21 SEC. 4. ASSESSMENT PROGRAM FOR OFFSHORE AQUA22 CULTURE. 

23 (a) ESTABLISHMENT OF PROGRAM.—Not earlier 

24 than 180 days after the date on which the Administrator 

25 enters into a contract under section 3(a) and not later 


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1 than 2 years after such date, the Administrator shall es2 tablish an assessment program (in this section referred to 

3 as the ‘‘assessment program’’) to evaluate the following 

4 with respect to offshore aquaculture: 

5 (1) The ability of different commercial-scale fa6 cility designs and operational methods— 

7 (A) to survive various atmospheric and 

8 ocean conditions, including high wind speeds or 

9 high-energy ocean conditions associated with se10 vere weather, without— 

11 (i) allowing escapes; 

12 (ii) loss of infrastructure; or 

13 (iii) wildlife entanglement resulting 

14 from loss or damaged infrastructure; 

15 (B) to prevent adverse wildlife impacts, in16 cluding entanglements of large whales, sea tur17 tles, and other species protected under— 

18 (i) the Endangered Species Act of 

19 1973 (16 U.S.C. 1531 et seq.); and 

20 (ii) the Marine Mammal Protection 

21 Act of 1972 (16 U.S.C. 1361 et seq.); 

22 (C) to prevent adverse impacts on the ma23 rine environment, including impacts to habitat, 

24 water chemistry, and wildlife; and 


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1 (D) to avoid adverse impacts on navigation 

2 and safety to existing ocean users due to off3 shore aquaculture facilities, including require4 ments for operations, navigation, and transit 

5 associated with such facilities. 

6 (2) The ability of different technologies to pro7 vide reliable and timely data on offshore aquaculture 

8 facilities, including visual data and other relevant 

9 data types, on a regular basis to enable the Adminis10 trator to monitor— 

11 (A) the compliance of projects with the re12 quirements under subsection (b)(4)(5); 

13 (B) impacts on the marine environment; 

14 and 

15 (C) interference with existing uses of the 

16 water body in which the project is located. 

17 (3) The relative risks, benefits, and cost of var18 ious types of offshore aquaculture, including dif19 ferent species of finfish in different geographies and 

20 under varying climactic and ecological conditions. 

21 (4) The development of performance standards 

22 for offshore aquaculture operations. 

23 (b) SELECTION OF DEMONSTRATION PROJECTS.— 

24 (1) SOLICITATION AND ACCEPTANCE OF APPLI25 CATIONS.—The Administrator shall solicit and acVerDate Sep 11 2014 19:59 Nov 05, 2023 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5944.IH H5944

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1 cept applications for inclusion in the assessment pro2 gram from owners and operators of offshore aqua3 culture demonstration projects, including commer4 cial-scale demonstration projects, that— 

5 (A) would advance the objectives described 

6 in subsection (a) and involve objective analyses 

7 of data; and 

8 (B) are operating on the date on which the 

9 application is submitted, were operated in off10 shore waters of the United States or other 

11 countries at any time during the 15-year period 

12 preceding the date on which the application is 

13 submitted (including such projects that are on14 going as of such date), or are proposed to be 

15 operated. 

16 (2) NOTICE AND PUBLIC COMMENT.—The Ad17 ministrator shall— 

18 (A) publish in the Federal Register a no19 tice summarizing each application received 

20 under this subsection; and 

21 (B) invite public comments regarding the 

22 projects proposed in those applications for in23 clusion in the assessment program. 

24 (3) SPECIALLY AFFECTED ADJACENT COASTAL

25 JURISDICTIONS.— 


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1 (A) DESIGNATION.—The Administrator 

2 shall establish a mechanism for identifying and 

3 designating, with respect to each application for 

4 a demonstration project received under this 

5 subsection, the specially affected adjacent coast6 al jurisdiction or jurisdictions. 

7 (B) NOTICE.—For each application for a 

8 demonstration project received under this sub9 section, the Administrator shall provide a copy 

10 of the application to the Governor or executive 

11 of the State or Tribal government of each spe12 cially affected adjacent coastal jurisdiction des13 ignated with respect to the application under 

14 subparagraph (A). 

15 (C) REJECTION AT THE REQUEST OF SPE16 CIALLY AFFECTED ADJACENT COASTAL JURIS17 DICTIONS.—If, during the 60-day period begin18 ning on the date on which a specially affected 

19 adjacent coastal jurisdiction receives notice of 

20 an application under subparagraph (B), the 

21 Governor or executive of the State or Tribal 

22 government of the jurisdiction requests that the 

23 Administrator reject the application, the Ad24 ministrator shall reject the application. 


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1 (4) APPROVAL OF DEMONSTRATION

2 PROJECTS.—The Administrator may approve not 

3 more than 4 applications for demonstration projects 

4 under this subsection for inclusion in the assessment 

5 program. 

6 (5) REQUIREMENTS.— 

7 (A) ALL DEMONSTRATION PROJECTS.— 

8 (i) IN GENERAL.—Each demonstra9 tion project approved for inclusion in the 

10 assessment program— 

11 (I) shall— 

12 (aa) cultivate only native 

13 species that pose a minimal 

14 threat of harm to wildlife and the 

15 ecosystem in which the project is 

16 located; 

17 (bb) incorporate design and 

18 operational characteristics that 

19 minimize the risk of escape, wild20 life entanglement, and adverse 

21 pollution impacts; 

22 (cc) have developed and be 

23 able to implement an escape re24 sponse and infrastructure loss or 

25 damage plan that minimizes the 


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1 impact of any escapes or infra2 structure loss or damage on the 

3 marine environment and on other 

4 uses of the water body in which 

5 the project is located; 

6 (dd) comply with all applica7 ble requirements of— 

8 (AA) the Federal Water 

9 Pollution Control Act (33 

10 U.S.C. 1251 et seq.) (com11 monly referred to as the 

12 ‘‘Clean Water Act’’); 

13 (BB) the Endangered 

14 Species Act of 1973 (16 

15 U.S.C. 1531 et seq.); 

16 (CC) the Marine Mam17 mal Protection Act of 1972 

18 (16 U.S.C. 1361 et seq.); 

19 and 

20 (DD) the National En21 vironmental Policy Act of 

22 1969 (42 U.S.C. 4321 et 

23 seq.); 

24 (ee) be compatible with, and 

25 prevent or minimize displacement 


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1 of, existing uses and users of the 

2 marine environment in which the 

3 project is located; 

4 (ff) conform to best prac5 tices to avoid or minimize the use 

6 of antibiotics and other pharma7 ceuticals and minimize the re8 lease of such pharmaceuticals 

9 into the environment; and 

10 (gg) except as provided in 

11 clause (ii), be conducted over a 

12 period of 5 years; and 

13 (II) shall not— 

14 (aa) cultivate or otherwise 

15 use salmon, including king, chi16 nook, coho, chum, sockeye, pink, 

17 masu, amago, or Atlantic salmon, 

18 even if such salmon is considered 

19 a native species; or 

20 (bb) be sited in any area 

21 designated by the National Ma22 rine Fisheries Service as critical 

23 habitat for endangered or criti24 cally endangered wildlife. 

25 (ii) EXTENSIONS.— 


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1 (I) IN GENERAL.—As the Admin2 istrator determines appropriate, a 

3 demonstration project approved for in4 clusion in the assessment program 

5 may be conducted for a period exceed6 ing 5 years. 

7 (II) PROPOSALS.—In order to be 

8 considered for an extension under this 

9 clause, the owner or operator of a 

10 demonstration project shall submit to 

11 the Administrator a proposal explain12 ing the need for the extension. 

13 (III) NOTICE AND PUBLIC COM14 MENT.—The Administrator shall— 

15 (aa) publish in the Federal 

16 Register a notice summarizing 

17 each proposal received under sub18 clause (II); 

19 (bb) invite public comments 

20 regarding each such proposal; 

21 and 

22 (cc) consider such comments 

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1 onstration project under this 

2 clause. 

3 (B) NEW DEMONSTRATION PROJECTS.— 

4 Any new demonstration project approved for in5 clusion in the assessment program shall— 

6 (i) be designed and managed in part7 nership with— 

8 (I) a land-grant college or univer9 sity (as defined in section 1404 of the 

10 National Agricultural Research, Ex11 tension, and Teaching Policy Act of 

12 1977 (7 U.S.C. 3103)); 

13 (II) a 1994 Institution (as de14 fined in section 532 of the Equity in 

15 Educational Land-Grant Status Act 

16 of 1994 (7 U.S.C. 301 note; Public 

17 Law 103–382)); or 

18 (III) a sea grant college (as de19 fined in section 203 of the National 

20 Sea Grant College Program Act (33 

21 U.S.C. 1122)); and 

22 (ii) consult and coordinate with the 

23 relevant Regional Fishery Management 

24 Council. 


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1 (6) PRIORITY CONSIDERATION.—In considering 

2 applications for demonstration projects under this 

3 section, the Administrator shall give priority consid4 eration to demonstration projects owned or operated 

5 by— 

6 (A) veterans, or entities in which a veteran 

7 or veterans have a majority ownership interest; 

8 (B) members of a community with environ9 mental justice concerns or underserved commu10 nity, or entities in which a member or members 

11 of a community with environmental justice con12 cerns or underserved community have a major13 ity ownership interest; 

14 (C) entities that primarily serve or employ 

15 members of a community with environmental 

16 justice concerns or underserved community; or 

17 (D) applicants who can demonstrate that 

18 the demonstration project will directly benefit 

19 individuals who are already participating in the 

20 agricultural, wild-caught fishery, or offshore 

21 aquaculture industries who have been negatively 

22 impacted by the COVID–19 pandemic, natural 

23 disasters, or disaster declarations. 

24 (7) PUBLIC COMMENTS.—In considering appli25 cations for demonstration projects under this secVerDate Sep 11 2014 19:59 Nov 05, 2023 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5944.IH H5944

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1 tion, the Administrator shall consider and weigh the 

2 public comments received pursuant to paragraph 

3 (2)(B). 

4 (c) AQUACULTURE OPPORTUNITY AREAS.—The Ad5 ministrator may elect to site a demonstration project ap6 proved for inclusion in the assessment program in an 

7 Aquaculture Opportunity Area identified by the Secretary 

8 of Commerce in accordance with section 7 of Executive 

9 Order 13921 (16 U.S.C. 1801; relating to promoting 

10 American seafood competitiveness and economic growth). 

11 (d) PERMITS.— 

12 (1) FEDERAL AGENCIES.—The owner or oper13 ator of each demonstration project approved for in14 clusion in the assessment program shall obtain all 

15 necessary and relevant permits issued by Federal 

16 agencies to conduct activities under the project. 

17 (2) NATIONAL OCEANIC AND ATMOSPHERIC AD18 MINISTRATION.—After the owner or operator of a 

19 demonstration project obtains the permits described 

20 in paragraph (1), the Administrator shall issue the 

21 appropriate permits to allow the project to conduct 

22 offshore aquaculture activities in accordance with 

23 this Act. 

24 (e) REPORTING BY ASSESSMENT PROGRAM PARTICI25 PANTS.— 


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1 (1) IN GENERAL.—The owner or operator of 

2 each demonstration project approved for inclusion in 

3 the assessment program shall submit such informa4 tion, at such time, in such place, and in such man5 ner as the Administrator determines appropriate, in6 cluding the following: 

7 (A) Production data. 

8 (B) Information on interactions with wild 

9 species, mitigation measures taken, and the re10 sults of such interactions and measures. 

11 (C) Information on technology and oper12 ational practices used to measure and mon13 itor— 

14 (i) effluent; 

15 (ii) integrity of cage materials and 

16 other gear; and 

17 (iii) health of the cultivated species. 

18 (D) Information on environmental and eco19 system impacts. 

20 (E) Data necessary for the Ocean Studies 

21 Board of the National Academies of Sciences, 

22 Engineering, and Medicine to complete the 

23 study required by section 3. 


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1 (F) Information necessary for the Admin2 istrator to exercise the authority of the Admin3 istrator under subsection (f). 

4 (G) Owner, operator, and employee demo5 graphic data and other relevant data as deter6 mined by the Administrator for purposes of as7 sessing— 

8 (i) the direct benefits of the project to 

9 communities with environmental justice 

10 concerns; and 

11 (ii) the economic and social benefits 

12 for nearby coastal communities. 

13 (H) Information on navigation and safety 

14 impacts to existing ocean users. 

15 (I) Such additional information as the Ad16 ministrator requires to fulfill the goals and ob17 jectives of the assessment program. 

18 (2) TECHNICAL ASSISTANCE.—The Adminis19 trator shall, upon request, provide technical assist20 ance to owners and operators of demonstration 

21 projects approved for inclusion in the assessment 

22 program to comply with the reporting requirements 

23 of this subsection. 

24 (3) EMERGENCY REPORTING.—The Adminis25 trator shall establish an emergency reporting process 


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1 for each owner or operator of a demonstration 

2 project approved for inclusion in the assessment pro3 gram to immediately report suspected or known 

4 interactions between project facilities or vessels and 

5 protected wild species. 

6 (f) AUTHORITY TO MODIFY OR TERMINATE PARTICI7 PATION OF DEMONSTRATION PROJECTS AND ORDER RE8 MOVAL OF FACILITIES.—The Administrator may require 

9 modifications to a demonstration project approved for in10 clusion in the assessment program, terminate the partici11 pation of such a project in such program, and order the 

12 removal of an offshore aquaculture facility authorized to 

13 operate under this section if— 

14 (1) the project incurs an incident involving a 

15 death or serious personal injury and the Adminis16 trator determines that project operator negligence 

17 was the cause or a contributing factor to such inci18 dent; 

19 (2) operation of the project results in a viola20 tion of— 

21 (A) the Endangered Species Act of 1973 

22 (16 U.S.C. 1531 et seq.); or 

23 (B) the Marine Mammal Protection Act of 

24 1972 (16 U.S.C. 1361 et seq.); 


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1 (3) the owner or operator of the project fails to 

2 comply with all of the terms and conditions of— 

3 (A) the approval of the project; or 

4 (B) modifications required by the Adminis5 trator under this subsection; or 

6 (4) the Administrator determines that contin7 ued participation in the assessment program by the 

8 project would be unsafe or result in unacceptable 

9 negative impacts to— 

10 (A) the marine environment; 

11 (B) nearby communities; or 

12 (C) other users of the water body in which 

13 the project is located. 

14 (g) INTERIM FINAL RULE.—The Administrator may 

15 issue an interim final rule to implement the requirements 

16 under this section. 

17 (h) REPORTS.— 

18 (1) ANNUAL REPORTS.— 

19 (A) IN GENERAL.—Not later than 2 years 

20 after the date on which the Administrator es21 tablishes the assessment program, and annually 

22 thereafter for the duration of the assessment 

23 program, the Administrator shall publish, make 

24 available to the public, and submit to offshore 


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1 aquaculture stakeholders a report that includes 

2 the following: 

3 (i) A description of each project ap4 proved for inclusion in the assessment pro5 gram. 

6 (ii) In the first report, documentation 

7 supporting selection of each such project. 

8 (iii) A summary of the information 

9 submitted to the Administrator under sub10 section (e) for each such project. 

11 (iv) A description of the progress 

12 made toward meeting the objectives de13 scribed in subsection (a). 

14 (B) DEFINITION OF OFFSHORE AQUA15 CULTURE STAKEHOLDERS.—In this paragraph, 

16 the term ‘‘offshore aquaculture stakeholders’’ 

17 includes— 

18 (i) each specially affected adjacent 

19 coastal jurisdiction; and 

20 (ii) each affected— 

21 (I) Tribal or Indigenous commu22 nity; 

23 (II) regional fishery management 

24 council; 


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1 (III) interstate fisheries commis2 sion; 

3 (IV) conservation organization; 

4 and 

5 (V) fisheries association. 

6 (2) FINAL REPORT.— 

7 (A) IN GENERAL.—Not later than 1 year 

8 after the date of the completion of the assess9 ment program, the Administrator shall submit 

10 to the appropriate committees of Congress a re11 port describing the results of the assessment 

12 program. 

13 (B) ELEMENTS.—The report required by 

14 subparagraph (A) shall include the following: 

15 (i) An evaluation based on data from 

16 the assessment program of the opportuni17 ties and risks of offshore aquaculture re18 garding— 

19 (I) marine ecosystems; 

20 (II) other users of the exclusive 

21 economic zone; 

22 (III) other ecosystems goods and 

23 services; 

24 (IV) social and economic impacts 

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1 mulative impacts and impacts on com2 munities with environmental justice 

3 concerns, low-income communities, 

4 and communities of color; 

5 (V) best practices to mitigate 

6 risks; and 

7 (VI) best practices to prevent dis8 parate impacts. 

9 (ii) Such recommendations as the Ad10 ministrator may have for legislative or ad11 ministrative action and the establishment 

12 of performance standards for offshore 

13 aquaculture siting and operations that— 

14 (I) would minimize risks posed 

15 by offshore aquaculture operations to 

16 marine ecosystems; 

17 (II) would enhance the safe oper18 ation of offshore aquaculture facilities, 

19 service vessels, and associated activi20 ties; 

21 (III) would prevent displacement 

22 of existing uses and users; and 

23 (IV) are technically, operation24 ally, and economically feasible. 


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1 SEC. 5. AQUACULTURE CENTERS OF EXCELLENCE. 

2 (a) AQUACULTURE CURRICULUM GRANTS.— 

3 (1) IN GENERAL.—Not later than 1 year after 

4 the date of the enactment of this Act, the Adminis5 trator shall establish a program to award grants to 

6 covered institutions to assist in establishing or en7 hancing an aquaculture curriculum for under8 graduate or graduate courses of study at such cov9 ered institutions. 

10 (2) AQUACULTURE CENTERS OF EXCEL11 LENCE.—A covered institution that receives a grant 

12 under this section shall be known as an ‘‘Aqua13 culture Center of Excellence’’. 

14 (3) APPLICATIONS.—To be eligible to receive a 

15 grant under this section, a covered institution shall 

16 submit to the Administrator an application in such 

17 form, at such time, and containing such information 

18 as the Administrator determines appropriate, includ19 ing any plans to partner with 1 or more other insti20 tutions of higher education as authorized under 

21 paragraph (5). 

22 (4) USE OF GRANT AMOUNTS.— 

23 (A) IN GENERAL.—A covered institution 

24 receiving a grant under this section shall use 

25 the grant amounts to establish or enhance an 

26 aquaculture curriculum for undergraduate or 


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1 graduate courses of study that includes the fol2 lowing: 

3 (i) Training in various skill sets need4 ed by successful aquaculture entre5 preneurs, including— 

6 (I) business management, stra7 tegic planning, business plan develop8 ment, capital financing and fund9 raising, financial management and ac10 counting, market analysis and com11 petitive analysis, and market entry 

12 and strategy execution; and 

13 (II) any other skill sets specific 

14 to the needs of the student population 

15 and the surrounding community, in16 cluding with respect to social and en17 vironmental sustainability, as deter18 mined by the institution. 

19 (ii) Natural and social science re20 search programs in aquaculture and nat21 ural fisheries, including offshore aqua22 culture. 

23 (iii) Development of extension pro24 grams (or cooperation with existing exten25 sion programs) that— 


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1 (I) educate and engage commu2 nity members, including elementary 

3 and secondary school students, on 

4 aquaculture and aquaculture career 

5 pathways; and 

6 (II) transfer newly developed 

7 techniques and research information 

8 developed or collated at the covered 

9 institution to aquaculture practi10 tioners. 

11 (iv) Career development, such as the 

12 establishment of cooperatives, apprentice13 ships, mentorships, accelerators, or grant 

14 competitions. 

15 (B) LIMITATIONS ON USE OF GRANT

16 AMOUNTS.—Amounts from a grant awarded 

17 under this section may be used only for ex18 penses directly related to the implementation of 

19 the curriculum or activities authorized under 

20 this section. 

21 (5) PARTNERSHIPS.—In applying for grants 

22 and carrying out activities with grant amounts 

23 under this section, a covered institution may partner 

24 with 1 or more other institutions of higher education 

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1 stitutions of higher education not otherwise eligible 

2 for grants under this section, to facilitate the shar3 ing of resources and knowledge necessary for the de4 velopment or enhancement of aquaculture cur5 riculum at the covered institution. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $25,000,000 for each of fiscal years 2024 through 2027, 

9 to remain available until expended. 

10 SEC. 6. REPORT BY GOVERNMENT ACCOUNTABILITY OF11 FICE. 

12 (a) IN GENERAL.—Not later than 2 years after the 

13 date of the enactment of this Act, the Comptroller General 

14 of the United States shall submit to the appropriate com15 mittees of Congress a report examining the permitting, 

16 monitoring, and regulation of offshore aquaculture during 

17 the 15-year period ending on such date of enactment. 

18 (b) BASES OF REPORT.—The Comptroller General 

19 shall base the report required by subsection (a) on avail20 able literature, case studies, and stakeholder input. 

21 (c) ELEMENTS OF REPORT.—The report required by 

22 subsection (a) shall— 

23 (1) assess the feasibility and potential positive 

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1 cy to issue offshore aquaculture permits in a timely 

2 manner; 

3 (2) identify lessons learned during the period 

4 described in subsection (a) with respect to— 

5 (A) the implications of offshore aqua6 culture type, location, and regulatory frame7 work on the success of offshore aquaculture 

8 projects; 

9 (B) the degree of involvement of coastal or 

10 adjacent States, Tribal groups, underserved 

11 communities, or communities with environ12 mental justice concerns in consultation, plan13 ning, or operations of offshore aquaculture op14 erations; 

15 (C) safety protocols and risk mitigation 

16 measures for the permit and oversight processes 

17 for offshore aquaculture, including— 

18 (i) escape prevention measures; 

19 (ii) emergency event response plan20 ning; 

21 (iii) compliance monitoring, particu22 larly in remote locations; 

23 (iv) compliance with Federal laws; 

24 (v) reporting mechanisms to appro25 priate Federal authorities; and 


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1 (vi) vessel navigation aids to ensure 

2 navigational safety; 

3 (D) the effect of incentives to reduce ad4 verse effects or disparate impacts from offshore 

5 aquaculture operations; 

6 (E) building and optimizing synergies be7 tween offshore aquaculture and wild-caught 

8 fishing activities, or offshore, nearshore, and 

9 onshore aquaculture activities, including market 

10 development, increasing seafood consumption, 

11 and shared infrastructure; 

12 (F) the environmental effects of offshore 

13 aquaculture operations, including mechanisms 

14 to prevent harm to the environment, wildlife, or 

15 human well-being; 

16 (G) in consultation with the Council Co17 ordination Committee, the net economic and so18 cial benefits of offshore aquaculture projects, 

19 particularly for nearby communities, including 

20 underserved communities and communities with 

21 environmental justice concerns, based on project 

22 size, regulatory structures, and financing struc23 tures; 

24 (H) the impact of introducing offshore 

25 aquaculture products to the marketplace on 


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1 supply and demand for wild-capture fisheries 

2 products, and methods for ensuring resiliency 

3 and growth for both offshore aquaculture and 

4 wild-capture fisheries products; 

5 (I) mechanisms to enhance capital invest6 ment, workforce development, and equitable op7 portunity requirements or assistance programs 

8 in the permit process for offshore aquaculture, 

9 or to diversify permit applicants; 

10 (J) outstanding needs for continued re11 search, development, education activities, pro12 grams, and funding regarding offshore aqua13 culture projects and development of the domes14 tic workforce and entrepreneurship related to 

15 offshore aquaculture; 

16 (K) the economic potential for both large17 and small-scale offshore aquaculture operations 

18 to generate a positive return on investment 

19 under various regulatory and financing struc20 tures; 

21 (L) the applicability and sufficiency of ex22 isting regulatory systems for offshore aqua23 culture; and 

24 (M) existing local, State, Federal, and for25 eign regulatory standards that may serve as 


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1 models for efficient and effective regulation of 

2 offshore aquaculture; and 

3 (3) include such recommendations as the Comp4 troller General may have with respect to future off5 shore aquaculture operations, including with respect 

6 to— 

7 (A) regulatory processes necessary for per8 mitting, monitoring, and oversight, including 

9 processes and techniques related to siting, de10 ployment, operations, and decommissioning; 

11 (B) potential safeguards, data collection, 

12 or monitoring required to minimize disparate 

13 impacts on communities with environmental 

14 justice concerns, local economies, marine envi15 ronments, and existing domestic economic sec16 tors; 

17 (C) mechanisms for optimizing the coordi18 nation among Federal agencies with a role in 

19 permitting or supporting offshore aquaculture 

20 without compromising the goals of such permit21 ting; 

22 (D) methods for effectively involving stake23 holders, including— 

24 (i) specially affected adjacent coastal 

25 jurisdictions; 


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1 (ii) local communities; 

2 (iii) regional offshore waters users 

3 and management groups, including re4 gional fishery management councils; and 

5 (iv) users of local, State, Tribal, and 

6 Federal waters and coastal resources, in7 cluding underserved communities and com8 munities with environmental justice con9 cerns; 

10 (E) best practices for incorporating local 

11 knowledge, including from Tribal or Indigenous 

12 communities; 

13 (F) capabilities of Federal agencies that 

14 are necessary for effective regulation of the off15 shore aquaculture sector; and 

16 (G) how creating private rights of action or 

17 waiving sovereign immunity would facilitate or 

18 hinder the development of offshore aquaculture 

19 projects and the acceptance of such projects by 

20 nearshore and offshore waters user groups and 

21 coastal communities. 

22 SEC. 7. RULE OF CONSTRUCTION. 

23 Any requirement in this Act to identify or consider 

24 an impact or effect on human health, the environment, 

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1 ment to make such identification or consideration while 

2 taking into account— 

3 (1) the cumulative impact of such impact or ef4 fect in the context of all sources of emissions, dis5 charges, or releases from any source, past, present, 

6 or in the reasonably foreseeable future, on the af7 fected environment and population; 

8 (2) any characteristics of such environment and 

9 population that may heighten vulnerability to envi10 ronmental pollution and related health risks; and 

11 (3) any action or practice that, even if appear12 ing neutral, has the effect of subjecting individuals 

13 to discrimination on the basis of race, color, or na14 tional origin. 

Æ 


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