II 

110TH CONGRESS 

1ST SESSION S. 1609 

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

establishment and implementation of a regulatory system for offshore 

aquaculture in the United States Exclusive Economic Zone, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2007 

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

A BILL 

To provide the necessary authority to the Secretary of Commerce for the establishment and implementation of a 

regulatory system for offshore aquaculture in the United 

States Exclusive Economic Zone, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Aquaculture Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

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1 (1) It is the policy of the United States— 

2 (A) to support an offshore aquaculture in3 dustry that will produce food and other valuable 

4 products, protect wild stocks and the quality of 

5 marine ecosystems, and be compatible with 

6 other uses of the Exclusive Economic Zone; 

7 (B) to encourage the development of envi8 ronmentally responsible offshore aquaculture by 

9 authorizing offshore aquaculture operations and 

10 research; 

11 (C) to establish a permitting process for 

12 offshore aquaculture that encourages private in13 vestment in aquaculture operations and re14 search, provides opportunity for public com15 ment, and addresses the potential risks to and 

16 impacts (including cumulative impacts) on ma17 rine ecosystems, human health and safety, other 

18 ocean uses, and coastal communities from off19 shore aquaculture; and 

20 (D) to promote, through public-private 

21 partnerships, research and development in ma22 rine aquaculture science, technology, and re23 lated social, economic, legal, and environmental 

24 management disciplines that will enable marine 

25 aquaculture operations to achieve operational 

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1 objectives while protecting marine ecosystem 

2 quality. 

3 (2) Offshore aquaculture activities within the 

4 Exclusive Economic Zone of the United States con5 stitute activities with respect to which the United 

6 States has proclaimed sovereign rights and jurisdic7 tion under Presidential Proclamation 5030 of March 

8 10, 1983. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) COASTAL STATE.—The term ‘‘coastal 

12 State’’ means— 

13 (A) a State in, or bordering on, the Atlan14 tic, Pacific, or Arctic Ocean, the Gulf of Mex15 ico, or Long Island Sound; and 

16 (B) Puerto Rico, the Virgin Islands, 

17 Guam, the Commonwealth of the Northern 

18 Mariana Islands, the Trust Territories of the 

19 Pacific Islands, and American Samoa. 

20 (2) COASTLINE.—The term ‘‘coastline’’ means 

21 the line of ordinary low water along that portion of 

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

23 and the line marking the seaward limit of inland wa24 ters. 

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1 (3) EXCLUSIVE ECONOMIC ZONE.—The term 

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

3 specified by the President in the public interest in 

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

5 the outer boundary of which is 200 nautical miles 

6 from the baseline from which the breadth of the ter7 ritorial sea is measured, except as established by a 

8 maritime boundary treaty in force, or being provi9 sionally applied by the United States or, in the ab10 sence of such a treaty where the distance between 

11 the United States and another nation is less than 

12 400 nautical miles, a line equidistant between the 

13 United States and the other nation. Without affect14 ing any Presidential Proclamation with regard to the 

15 establishment of the United States territorial sea or 

16 Exclusive Economic Zone, the inner boundary of 

17 that zone is— 

18 (A) a line coterminous with the seaward 

19 boundary (as defined in section 4 of the Outer 

20 Continental Shelf Lands Act (43 U.S.C. 1312)) 

21 of each of the several coastal States; 

22 (B) a line 3 marine leagues from the coast23 line of the Commonwealth of Puerto Rico; 

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1 (C) a line 3 geographical miles from the 

2 coastlines of American Samoa, the United 

3 States Virgin Islands, and Guam; 

4 (D) for the Commonwealth of the North5 ern Mariana Islands— 

6 (i) its coastline, until such time as the 

7 Commonwealth of the Northern Mariana 

8 Islands is granted authority by the United 

9 States to regulate all fishing to a line sea10 ward of its coastline, and 

11 (ii) upon the United States’ grant of 

12 such authority, the line established by such 

13 grant of authority; and 

14 (E) for any possession of the United 

15 States not described in subparagraph (B), (C), 

16 or (D), the coastline of such possession. 

17 Nothing in this paragraph shall be construed as di18 minishing the authority of the Department of De19 fense, the Department of the Interior, or any other 

20 Federal department or agency. 

21 (4) LESSEE.—The term ‘‘lessee’’ means any 

22 party to a lease, right-of-use and easement, or right23 of-way, or an approved assignment thereof, issued 

24 pursuant to the Outer Continental Shelf Lands Act 

25 (43 U.S.C. 1331 et seq.). 

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1 (5) MARINE SPECIES.—The term ‘‘marine spe2 cies’’ means finfish, mollusks, crustaceans, marine 

3 algae, and all other forms of marine life other than 

4 marine mammals and birds. 

5 (6) OFFSHORE AQUACULTURE.—The term ‘‘off6 shore aquaculture’’ means all activities, including 

7 the operation of offshore aquaculture facilities, in8 volved in the propagation and rearing, or attempted 

9 propagation and rearing, of marine species in the 

10 United States Exclusive Economic Zone. 

11 (7) OFFSHORE AQUACULTURE FACILITY.—The 

12 term ‘‘offshore aquaculture facility’’ means— 

13 (A) an installation or structure used, in 

14 whole or in part, for offshore aquaculture; or 

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

16 used for offshore aquaculture of living orga17 nisms belonging to sedentary species. 

18 (8) OFFSHORE AQUACULTURE PERMIT.—The 

19 term ‘‘offshore aquaculture permit’’ means an au20 thorization issued under section 4(b) to raise speci21 fied marine species in a specific offshore aquaculture 

22 facility within a specified area of the Exclusive Eco23 nomic Zone. 

24 (9) PERSON.—The term ‘‘person’’ means any 

25 individual (whether or not a citizen or national of 

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1 the United States), any corporation, partnership, as2 sociation, or other non-governmental entity (whether 

3 or not organized or existing under the laws of any 

4 State), and State, local or tribal government or enti5 ty thereof, and, except as otherwise specified by the 

6 President in writing, the Federal Government or an 

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

8 President in writing, a foreign government, or an en9 tity thereof. 

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

11 means the Secretary of Commerce. 

12 SEC. 4. OFFSHORE AQUACULTURE PERMITS. 

13 (a) IN GENERAL.— 

14 (1) The Secretary shall establish, through rule15 making, in consultation as appropriate with other 

16 relevant Federal agencies, coastal States, and re17 gional fishery management councils established 

18 under section 302 of the Magnuson-Stevens Fishery 

19 Conservation and Management Act (16 U.S.C. 

20 1852), a process to make areas of the Exclusive 

21 Economic Zone available to eligible persons for the 

22 development and operation of offshore aquaculture 

23 facilities. The process shall include— 

24 (A) procedures and criteria necessary to 

25 issue and modify permits under this Act; 

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1 (B) procedures to coordinate the offshore 

2 aquaculture permitting process, and related 

3 siting, operations, environmental protection, 

4 monitoring, enforcement, research, and eco5 nomic and social activities, with similar activi6 ties administered by other Federal agencies and 

7 coastal States; 

8 (C) consideration of the potential environ9 mental, social, economic, and cultural impacts 

10 of offshore aquaculture and inclusion, where ap11 propriate, of permit conditions to address nega12 tive impacts; 

13 (D) public notice and opportunity for pub14 lic comment prior to issuance of offshore aqua15 culture permits; 

16 (E) procedures to monitor and evaluate 

17 compliance with the provisions of offshore aqua18 culture permits, including the collection of bio19 logical, chemical and physical oceanographic 

20 data, and social, production, and economic data; 

21 and 

22 (F) procedures for transferring permits 

23 from the original permit holder to a person 

24 that— 

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1 (i) meets the eligibility criteria in sub2 section (b)(2)(A); and 

3 (ii) satisfies the requirements for 

4 bonds or other guarantees prescribed 

5 under subsection (c)(3). 

6 (2) The Secretary shall prepare an analysis 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.) with respect to the 

9 process for issuing permits. 

10 (3) The Secretary shall periodically review the 

11 procedures and criteria for issuance of offshore 

12 aquaculture permits and modify them as appro13 priate, in consultation as appropriate with other 

14 Federal agencies, the coastal States, and regional 

15 fishery management councils, based on the best 

16 available science. 

17 (4) The Secretary shall consult as appropriate 

18 with other Federal agencies and coastal States to 

19 identify the environmental requirements that apply 

20 to offshore aquaculture under existing laws and reg21 ulations. The Secretary shall establish through rule22 making, in consultation with appropriate Federal 

23 agencies, coastal States, and regional fishery man24 agement councils established under section 302 of 

25 the Magnuson-Stevens Fishery Conservation and 

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1 Management Act (16 U.S.C. 1852), additional envi2 ronmental requirements to address environmental 

3 risks and impacts associated with offshore aqua4 culture, to the extent necessary. The environmental 

5 requirements shall address, at a minimum— 

6 (A) risks to and impacts on natural fish 

7 stocks and fisheries, including safeguards need8 ed to conserve genetic resources, to prevent or 

9 minimize the transmission of disease or 

10 parasites to wild stocks, and to prevent the es11 cape of marine species that may cause signifi12 cant environmental harm; 

13 (B) risks to and impacts on marine eco14 systems; biological, chemical and physical fea15 tures of water quality and habitat; marine spe16 cies, marine mammals and birds; 

17 (C) cumulative effects of the aquaculture 

18 operation and other aquaculture operations in 

19 the vicinity of the proposed site; 

20 (D) environmental monitoring, data 

21 archiving, and reporting by the permit holder; 

22 (E) requirements that marine species prop23 agated and reared through offshore aquaculture 

24 be species native to the geographic region un25 less a scientific risk analysis shows that the risk 

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1 of harm to the marine environment from the 

2 offshore culture of non-indigenous or genetically 

3 modified marine species is negligible or can be 

4 effectively mitigated; and 

5 (F) maintaining record systems to track 

6 inventory and movement of fish or other marine 

7 species in the offshore aquaculture facility or 

8 harvested from such facility, and, if necessary, 

9 tagging, marking, or otherwise identifying fish 

10 or other marine species in the offshore aqua11 culture facility or harvested from such facility. 

12 (5) The Secretary, in cooperation with other 

13 Federal agencies, shall— 

14 (A) collect information needed to evaluate 

15 the suitability of sites for offshore aquaculture; 

16 and 

17 (B) monitor the effects of offshore aqua18 culture on marine ecosystems and implement 

19 such measures as may be necessary to protect 

20 the environment, including temporary or perma21 nent relocation of offshore aquaculture sites, a 

22 moratorium on additional sites within a pre23 scribed area, and other appropriate measures as 

24 determined by the Secretary. 

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1 (b) PERMITS.—Subject to the provisions of sub2 section (e), the Secretary may issue offshore aquaculture 

3 permits under such terms and conditions as the Secretary 

4 shall prescribe. Permits issued under this Act shall author5 ize the permit holder to conduct offshore aquaculture con6 sistent with the provisions of this Act, regulations issued 

7 under this Act, any specific terms, conditions and restric8 tions applied to the permit by the Secretary, and other 

9 applicable law. 

10 (1) PROCEDURE FOR ISSUANCE OF PERMITS.— 

11 (A) An applicant for an offshore aqua12 culture permit shall submit an application to 

13 the Secretary specifying the proposed location 

14 and type of operation, the marine species to be 

15 propagated or reared, or both, at the offshore 

16 aquaculture facility, and other design, construc17 tion, and operational information, as specified 

18 by regulation. 

19 (B) Within 120 days after determining 

20 that a permit application is complete and has 

21 satisfied all applicable statutory and regulatory 

22 requirements, as specified by regulation, the 

23 Secretary shall issue or deny the permit. If the 

24 Secretary is unable to issue or deny a permit 

25 within this time period, the Secretary shall promstockstill on PROD1PC66 with BILLS

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1 vide written notice to the applicant indicating 

2 the reasons for the delay and establishing a rea3 sonable timeline for issuing or denying the per4 mit. 

5 (2) PERMIT CONDITIONS.— 

6 (A) An offshore aquaculture permit holder 

7 shall— 

8 (i) be a resident of the United States; 

9 (ii) be a corporation, partnership, or 

10 other entity organized and existing under 

11 the laws of a State or the United States; 

12 or 

13 (iii) if the holder does not meet the 

14 requirements of clause (i) or (ii), to the ex15 tent required by the Secretary by regula16 tion after coordination with the Secretary 

17 of State, waive any immunity, and consent 

18 to the jurisdiction of the United States and 

19 its courts, for matters arising in relation to 

20 such permit, and appoint and maintain 

21 agents within the United States who are 

22 authorized to receive and respond to any 

23 legal process issued in the United States 

24 with respect to such permit holder. 

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1 (B) Subject to the provisions of subsection 

2 (e), the Secretary shall establish the terms, con3 ditions, and restrictions that apply to offshore 

4 aquaculture permits, and shall specify in the 

5 permits the duration, size, and location of the 

6 offshore aquaculture facility. 

7 (C) Except for projects involving pilot-scale 

8 testing or farm-scale research on aquaculture 

9 science and technologies and offshore aqua10 culture permits requiring concurrence of the 

11 Secretary of the Interior under subsection 

12 (e)(1), the permit shall have a duration of 20 

13 years, renewable thereafter at the discretion of 

14 the Secretary in up to 20-year increments. The 

15 duration of permits requiring concurrence of 

16 the Secretary of the Interior under subsection 

17 (e)(1) shall be developed in consultation as ap18 propriate with the Secretary of the Interior, ex19 cept that any such permit shall expire no later 

20 than the date that the lessee, or the lessee’s op21 erator, submits to the Secretary of the Interior 

22 a final application for the decommissioning and 

23 removal of an existing facility upon which an 

24 offshore aquaculture facility is located. 

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1 (D) At the expiration or termination of an 

2 offshore aquaculture permit for any reason, the 

3 permit holder shall remove all structures, gear, 

4 and other property from the site, and take 

5 other measures to restore the site as may be 

6 prescribed by the Secretary. 

7 (E) The Secretary may revoke a permit for 

8 failure to begin offshore aquaculture operations 

9 within a reasonable period of time, or prolonged 

10 interruption of offshore aquaculture operations. 

11 (3) NATIONAL INTEREST DETERMINATION.—If 

12 the Secretary determines that issuance of a permit 

13 is not in the national interest, the Secretary may de14 cline to issue such a permit or may impose such con15 ditions as necessary to address such concerns. 

16 (c) FEES AND OTHER PAYMENTS.— 

17 (1) The Secretary may establish, through regu18 lations, application fees and annual permit fees. 

19 Such fees shall be deposited as offsetting collections 

20 in the Operations, Research, and Facilities account. 

21 Fees may be collected and made available only to the 

22 extent provided in advance in appropriation Acts. 

23 (2) The Secretary may reduce or waive applica24 ble fees or other payments established under this 

25 section for facilities used primarily for research. 

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1 (3) The Secretary shall require the permit hold2 er to post a bond or other form of financial guar3 antee, in an amount to be determined by the Sec4 retary as sufficient to cover any unpaid fees, the 

5 cost of removing an offshore aquaculture facility at 

6 the expiration or termination of an offshore aqua7 culture permit, and other financial risks as identified 

8 by the Secretary. 

9 (d) COMPATIBILITY WITH OTHER USES.— 

10 (1) The Secretary shall consult as appropriate 

11 with other Federal agencies, coastal States, and re12 gional fishery management councils to ensure that 

13 offshore aquaculture for which a permit is issued 

14 under this section is compatible with the use of the 

15 Exclusive Economic Zone for navigation, fishing, re16 source protection, recreation, national defense (in17 cluding military readiness), mineral exploration and 

18 development, and other activities. 

19 (2) The Secretary shall not authorize permits 

20 for new offshore aquaculture facilities within 12 

21 miles of the coastline of a coastal State if that coast22 al State has submitted a written notice to the Sec23 retary that the coastal State opposes such activities. 

24 This paragraph does not apply to permit applica25 tions received by the Secretary prior to the date the 

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1 notice is received from a coastal State. A coastal 

2 State that transmits such a notice to the Secretary 

3 may revoke that notice in writing at any time. 

4 (3) Federal agencies implementing this Act, 

5 persons subject to this Act, and coastal States seek6 ing to review permit applications under this Act 

7 shall comply with the applicable provisions of the 

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

9 1451 et seq.) and regulations promulgated there10 under. 

11 (4) Notwithstanding the definition of the term 

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

13 Fishery Conservation and Management Act (16 

14 U.S.C. 1802(16)), the conduct of offshore aqua15 culture in accordance with permits issued under this 

16 Act shall not be considered ‘‘fishing’’ for purposes of 

17 that Act. The Secretary shall ensure, to the extent 

18 practicable, that offshore aquaculture does not inter19 fere with conservation and management measures 

20 promulgated under the Magnuson-Stevens Fishery 

21 Conservation and Management Act. 

22 (5) The Secretary may promulgate regulations 

23 that the Secretary finds to be reasonable and nec24 essary to protect offshore aquaculture facilities, and, 

25 where appropriate, shall request that the Secretary 

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1 of the department in which the Coast Guard is oper2 ating establish navigational safety zones around such 

3 facilities. In addition, in the case of any offshore 

4 aquaculture facility described in subsection (e)(1), 

5 the Secretary of the department in which the Coast 

6 Guard is operating shall consult with the Secretary 

7 of the Interior before designating such a zone. 

8 (6) After consultation with the Secretary, the 

9 Secretary of State, and the Secretary of Defense, 

10 the Secretary of the department in which the Coast 

11 Guard is operating may designate a zone of appro12 priate size around and including any offshore aqua13 culture facility for the purpose of navigational safe14 ty. In such a zone, no installations, structures, or 

15 uses will be allowed that are incompatible with the 

16 operation of the offshore aquaculture facility. The 

17 Secretary of the department in which the Coast 

18 Guard is operating may define, by rulemaking, ac19 tivities that are allowed within such a zone. 

20 (7)(A) Subject to subparagraph (B), if the Sec21 retary, after consultation with Federal agencies as 

22 appropriate and after affording the permit holder 

23 notice and an opportunity to be heard, determines 

24 that suspension, modification, or revocation of a permstockstill on PROD1PC66 with BILLS

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1 mit is in the national interest, the Secretary may 

2 suspend, modify, or revoke such permit. 

3 (B) If the Secretary determines that an emer4 gency exists that poses a risk to the safety of hu5 mans, to the marine environment, to marine species, 

6 or to the security of the United States and that re7 quires suspension, modification, or revocation of a 

8 permit, the Secretary may suspend, modify, or re9 voke the permit for such time as the Secretary may 

10 determine necessary to meet the emergency. The 

11 Secretary shall afford the permit holder a prompt 

12 post-suspension or post-modification opportunity to 

13 be heard regarding the suspension, modification, or 

14 revocation. 

15 (8) Permits issued under this Act do not super16 sede or substitute for any other authorization re17 quired under applicable Federal or State law or reg18 ulation. 

19 (e) ACTIONS AFFECTING THE OUTER CONTINENTAL

20 SHELF.— 

21 (1) CONCURRENCE OF SECRETARY OF INTE22 RIOR REQUIRED.—The Secretary shall obtain the 

23 concurrence of the Secretary of the Interior for per24 mits for offshore aquaculture facilities located— 

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1 (A) on leases, right-of-use and easements, 

2 or rights of way authorized or permitted under 

3 the Outer Continental Shelf Lands Act (43 

4 U.S.C. 1331 et seq.), or 

5 (B) within 1 mile of any other facility per6 mitted or for which a plan has been approved 

7 under that Act. 

8 (2) PRIOR CONSENT REQUIRED.—Offshore 

9 aquaculture may not be located on facilities de10 scribed in paragraph (1)(A) without the prior con11 sent of the lessee, its designated operator, and the 

12 owner of the facility. 

13 (3) REVIEW FOR LEASE, ETC., COMPLIANCE.— 

14 The Secretary of the Interior shall review and ap15 prove any agreement between a lessee, designated 

16 operator, and owner of a facility described in para17 graph (1) and a prospective aquaculture operator to 

18 ensure that it is consistent with the Federal lease 

19 terms, Department of the Interior regulations, and 

20 the Secretary of the Interior’s role in the protection 

21 of the marine environment, property, or human life 

22 or health. An agreement under this subsection shall 

23 be part of the information reviewed pursuant to the 

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1 scribed in paragraph (4) and shall not be subject to 

2 a separate Coastal Zone Management Act review. 

3 (4) COORDINATED COASTAL ZONE MANAGE4 MENT ACT REVIEW.— 

5 (A) If the applicant for an offshore aqua6 culture facility that will utilize a facility de7 scribed in paragraph (1) is required to submit 

8 to a coastal State a consistency certification for 

9 its aquaculture application under section 

10 307(c)(3)(A) of the Coastal Zone Management 

11 Act (16 U.S.C. 1456(c)(3)(A)), the coastal 

12 State’s review under the Coastal Zone Manage13 ment Act and corresponding Federal regula14 tions shall also include any modification to a 

15 lessee’s approved plan or other document for 

16 which a consistency certification would other17 wise be required under applicable Federal regu18 lations, including changes to its plan for decom19 missioning any facilities, resulting from or nec20 essary for the issuance of the offshore aqua21 culture permit, if information related to such 

22 modifications or changes is received by the 

23 coastal State at the time the coastal State re24 ceives the offshore aquaculture permit appli25 cant’s consistency certification. If the informamstockstill on PROD1PC66 with BILLS

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1 tion related to such modifications or changes is 

2 received by the coastal State at the time the 

3 coastal State receives the offshore aquaculture 

4 permit applicant’s consistency certification, a 

5 lessee is not required to submit a separate con6 sistency certification for any such modification 

7 or change under section 307(c)(3)(B) of the 

8 Coastal Zone Management Act (16 U.S.C. 

9 1456(c)(3)(B)) and the coastal State’s concur10 rence or objection, or presumed concurrence, 

11 under section 307(c)(3)(A) of that Act (16 

12 U.S.C. 1456(c)(3)(A)) in a consistency deter13 mination for the offshore aquaculture permit, 

14 shall apply to both the offshore aquaculture 

15 permit and to any related modifications or 

16 changes to a lessee’s plan approved under the 

17 Outer Continental Shelf Lands Act. 

18 (B) If a coastal State is not authorized by 

19 section 307(c)(3)(A) of the Coastal Zone Man20 agement Act (16 U.S.C. 1456(c)(3)(A)) and 

21 corresponding Federal regulations to review an 

22 offshore aquaculture application submitted 

23 under this Act, then any modifications or 

24 changes to a lessee’s approved plan or other 

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1 ment of the Interior, shall be subject to coastal 

2 State review pursuant to the requirements of 

3 section 307(c)(3)(B) of the Coastal Zone Man4 agement Act (16 U.S.C. 1456(c)(3)(B)), if a 

5 consistency certification for those modifications 

6 or changes is required under applicable Federal 

7 regulations. 

8 (5) JOINT AND SEVERAL LIABILITY.—For off9 shore aquaculture located on facilities described in 

10 paragraph (1), the aquaculture permit holder and all 

11 parties that are or were lessees of the lease on which 

12 the facilities are located during the term of the off13 shore aquaculture permit shall be jointly and sever14 ally liable for the removal of any construction or 

15 modifications related to aquaculture operations if the 

16 aquaculture permit holder fails to do so and bonds 

17 established under this Act for aquaculture oper18 ations prove insufficient to cover those obligations. 

19 This paragraph does not affect obligations to decom20 mission facilities under the Outer Continental Shelf 

21 Lands Act. 

22 (6) ADDITIONAL AUTHORITY.—For aquaculture 

23 projects or operations described in paragraph (1), 

24 the Secretary of the Interior may— 

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1 (A) promulgate such rules and regulations 

2 as are necessary and appropriate to carry out 

3 the provisions of this subsection; 

4 (B) require and enforce such additional 

5 terms or conditions as the Secretary of the In6 terior deems necessary to protect the marine 

7 environment, property, or human life or health 

8 to ensure the compatibility of aquaculture oper9 ations with all activities for which permits have 

10 been issued under the Outer Continental Shelf 

11 Lands Act; 

12 (C) issue orders to the offshore aqua13 culture permit holder to take any action the 

14 Secretary of the Interior deems necessary to en15 sure safe operations on the facility to protect 

16 the marine environment, property, or human 

17 life or health. Failure to comply with the Sec18 retary of the Interior’s orders will be deemed to 

19 constitute a violation of the Outer Continental 

20 Shelf Lands Act; and 

21 (D) enforce all requirements contained in 

22 such regulations, lease terms and conditions 

23 and orders pursuant to the Outer Continental 

24 Shelf Lands Act. 

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1 SEC. 5. RESEARCH AND DEVELOPMENT. 

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

3 with other Federal agencies, the Secretary may establish 

4 and conduct an integrated, multidisciplinary, scientific re5 search and development program to further marine aqua6 culture technologies that are compatible with the protec7 tion of marine ecosystems. 

8 (b) PARTNERSHIPS.—The Secretary may conduct re9 search and development in partnership with offshore aqua10 culture permit holders. 

11 (c) REDUCTION OF WILD FISH AS FOOD.—The Sec12 retary, in collaboration with the Secretary of Agriculture, 

13 shall conduct research to reduce the use of wild fish in 

14 aquaculture feeds, including the substitution of seafood 

15 processing wastes, cultured marine algae, and microbial 

16 sources of nutrients important for human health and nu17 trition, agricultural crops, and other products. 

18 SEC. 6. ADMINISTRATION. 

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

20 such regulations as are necessary and appropriate to carry 

21 out the provisions of this Act. The Secretary may at any 

22 time amend such regulations, and such regulations shall, 

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

24 pursuant to permits issued under this Act, regardless of 

25 the date of the issuance of such permit. 

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1 (b) CONTRACT, ETC., AUTHORITY.—The Secretary 

2 may enter into and perform such contracts, leases, grants, 

3 or cooperative agreements as may be necessary to carry 

4 out the purposes of this Act and on such terms as the 

5 Administrator of the National Oceanic and Atmospheric 

6 Administration deems appropriate. 

7 (c) USE OF CONTRIBUTED GOVERNMENTAL RE8 SOURCES.—For purposes related to the enforcement of 

9 this Act, the Secretary may use, with their consent and 

10 with or without reimbursement, the land, services, equip11 ment, personnel, and facilities of any department, agency 

12 or instrumentality of the United States, or of any State, 

13 local government, Indian tribal government, Territory or 

14 possession, or of any political subdivision thereof, or of 

15 any foreign government or international organization. 

16 (d) AUTHORITY TO UTILIZE GRANT FUNDS.— 

17 (1) Except as provided in paragraph (2), the 

18 Secretary may apply for, accept, and obligate re19 search grant funding from any Federal source oper20 ating competitive grant programs where such fund21 ing furthers the purpose of this Act. 

22 (2) The Secretary may not apply for, accept, or 

23 obligate any grant funding under paragraph (1) for 

24 which the granting agency lacks authority to grant 

25 funds to Federal agencies, or for any purpose or 

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1 subject to conditions that are prohibited by law or 

2 regulation. 

3 (3) Appropriated funds may be used to satisfy 

4 a requirement to match grant funds with recipient 

5 agency funds, except that no grant may be accepted 

6 that requires a commitment in advance of appropria7 tions. 

8 (4) Funds received from grants shall be depos9 ited in the National Oceanic and Atmospheric Ad10 ministration account that serves to accomplish the 

11 purpose for which the grant was awarded. 

12 (e) RESERVATION OF AUTHORITY.—Nothing in this 

13 Act shall be construed to displace, supersede, or limit the 

14 jurisdiction, responsibilities, or rights of any Federal or 

15 State agency, or Indian Tribe or Alaska Native organiza16 tion, under any Federal law or treaty. 

17 (f) APPLICATION OF LAWS TO FACILITIES IN THE

18 EEZ.—The Constitution, laws, and treaties of the United 

19 States shall apply to an offshore aquaculture facility lo20 cated in the Exclusive Economic Zone for which a permit 

21 has been issued or is required under this Act and to activi22 ties in the Exclusive Economic Zone connected, associated, 

23 or potentially interfering with the use or operation of such 

24 facility, in the same manner as if such facility were an 

25 area of exclusive Federal jurisdiction located within a 

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1 State. Nothing in this Act shall be construed to relieve, 

2 exempt, or immunize any person from any other require3 ment imposed by an applicable Federal law, regulation, 

4 or treaty. Nothing in this Act shall be construed to confer 

5 citizenship to a person by birth or through naturalization 

6 or to entitle a person to avail himself of any law pertaining 

7 to immigration, naturalization, or nationality. 

8 (g) APPLICATION OF CERTAIN STATE LAWS.—The 

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

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

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

12 offshore aquaculture facility for which a permit has been 

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

14 not inconsistent with any provision or regulation under 

15 this Act or other Federal laws and regulations now in ef16 fect or hereafter adopted, amended, or repealed. All such 

17 applicable laws shall be administered and enforced by the 

18 appropriate officers and courts of the United States. For 

19 purposes of this subsection, the nearest adjacent coastal 

20 State shall be that State whose seaward boundaries, if ex21 tended beyond 3 nautical miles, would encompass the site 

22 of the offshore aquaculture facility. State taxation laws 

23 shall not apply to offshore aquaculture facilities in the Ex24 clusive Economic Zone. 

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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary $4,052,000 in fiscal year 2008 and thereafter such 

4 sums as may be necessary for purposes of carrying out 

5 the provisions of this Act. 

6 SEC. 8. UNLAWFUL ACTIVITIES. 

7 It is unlawful for any person— 

8 (1) to falsify any information required to be re9 ported, communicated, or recorded pursuant to this 

10 Act or any regulation or permit issued under this 

11 Act, or to fail to submit in a timely fashion any re12 quired information, or to fail to report to the Sec13 retary immediately any change in circumstances that 

14 has the effect of rendering any such information 

15 false, incomplete, or misleading; 

16 (2) to engage in offshore aquaculture within the 

17 Exclusive Economic Zone of the United States or 

18 operate an offshore aquaculture facility within the 

19 Exclusive Economic Zone of the United States, ex20 cept pursuant to a valid permit issued under this 

21 Act; 

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

23 conduct any lawful search or lawful inspection in 

24 connection with the enforcement of this Act or any 

25 regulation or permit issued under this Act; 

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

2 intimidate, or interfere with an authorized officer in 

3 the conduct of any search or inspection in connec4 tion with the enforcement of this Act or any regula5 tion or permit issued under this Act; 

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

7 act prohibited by this section; 

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

9 means, the apprehension, arrest, or detection of an10 other person, knowing that such person has com11 mitted any act prohibited by this section; 

12 (7) to import, export, sell, receive, acquire or 

13 purchase in interstate or foreign commerce any ma14 rine species in violation of this Act or any regulation 

15 or permit issued under this Act; 

16 (8) upon the expiration or termination of any 

17 aquaculture permit for any reason, to fail to remove 

18 all structures, gear, and other property from the 

19 site, or take other measures, as prescribed by the 

20 Secretary, to restore the site; 

21 (9) to violate any provision of this Act, any reg22 ulation promulgated under this Act, or any term or 

23 condition of any permit issued under this Act; or 

24 (10) to attempt to commit any act described in 

25 paragraph (1), (2), (7), (8) or (9). 

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1 SEC. 9. ENFORCEMENT PROVISIONS. 

2 (a) DUTIES OF SECRETARIES.—Subject to subpara3 graphs (B) and (D) of section 4(e)(6), this Act shall be 

4 enforced by the Secretary and the Secretary of the depart5 ment in which the Coast Guard is operating. 

6 (b) POWERS OF ENFORCEMENT.— 

7 (1) Any officer who is authorized pursuant to 

8 subsection (a) of this section by the Secretary or the 

9 Secretary of the department in which the Coast 

10 Guard is operating to enforce the provisions of this 

11 Act may— 

12 (A) with or without a warrant or other 

13 process— 

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

15 reasonable cause to believe that such per16 son has committed or is committing an act 

17 prohibited by section 8 of this Act; 

18 (ii) search or inspect any offshore 

19 aquaculture facility and any related land20 based facility; 

21 (iii) seize any offshore aquaculture fa22 cility (together with its equipment, records, 

23 furniture, appurtenances, stores, and 

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

25 employed in aid of, or with respect to 

26 which it reasonably appears that such offmstockstill on PROD1PC66 with BILLS

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1 shore aquaculture facility was used or em2 ployed in aid of, the violation of any provi3 sion of this Act or any regulation or permit 

4 issued under this Act; 

5 (iv) seize any marine species (wher6 ever found) retained, in any manner, in 

7 connection with or as a result of the com8 mission of any act prohibited by section 8 

9 of this Act; and 

10 (v) seize any evidence related to any 

11 violation of any provision of this Act or 

12 any regulation or permit issued under this 

13 Act; 

14 (B) execute any warrant or other process 

15 issued by any court of competent jurisdiction; 

16 and 

17 (C) exercise any other lawful authority. 

18 (2) Any officer who is authorized pursuant to 

19 subsection (a) of this section by the Secretary or the 

20 Secretary of the department in which the Coast 

21 Guard is operating to enforce the provisions of this 

22 Act may make an arrest without a warrant for (A) 

23 an offense against the United States committed in 

24 his presence, or (B) for a felony cognizable under 

25 the laws of the United States, if he has reasonable 

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1 grounds to believe that the person to be arrested has 

2 committed or is committing a felony. Any such au3 thorized person may execute and serve a subpoena, 

4 arrest warrant or search warrant issued in accord5 ance with Rule 41 of the Federal Rules of Criminal 

6 Procedure, or other warrant of civil or criminal proc7 ess issued by any officer or court of competent juris8 diction for enforcement of the Act, or any regulation 

9 or permit issued under this Act. 

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

12 offshore aquaculture in violation of any provision of this 

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

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

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

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

17 maintenance of any marine species or other property 

18 seized in connection with the violation. 

19 SEC. 10. CIVIL ENFORCEMENT AND PERMIT SANCTIONS. 

20 (a) CIVIL ADMINISTRATIVE PENALTIES.— 

21 (1) Any person who is found by the Secretary, 

22 after notice and opportunity for a hearing in accord23 ance with section 554 of title 5, United States Code, 

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

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

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

2 penalty under this paragraph shall not exceed 

3 $200,000 for each violation. Each day of a con4 tinuing violation shall constitute a separate violation. 

5 (2) COMPROMISE OR OTHER ACTION BY THE

6 SECRETARY.—The Secretary may compromise, mod7 ify, or remit, with or without conditions, any civil 

8 administrative penalty which is or may be imposed 

9 under this section and that has not been referred to 

10 the Attorney General for further enforcement action. 

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

12 violates any provision of this Act, or any regulation or per13 mit issued thereunder, shall be subject to a civil penalty 

14 not to exceed $250,000 for each such violation. Each day 

15 of a continuing violation shall constitute a separate viola16 tion. The Attorney General, upon the request of the Sec17 retary, may commence a civil action in an appropriate dis18 trict court of the United States, and such court shall have 

19 jurisdiction to award civil penalties and such other relief 

20 as justice may require. In determining the amount of a 

21 civil penalty, the court shall take into account the nature, 

22 circumstances, extent, and gravity of the prohibited acts 

23 committed and, with respect to the violator, the degree 

24 of culpability, any history of prior violations and such 

25 other matters as justice may require. In imposing such 

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•S 1609 IS 

1 penalty, the district court may also consider information 

2 related to the ability of the violator to pay. 

3 (c) PERMIT SANCTIONS.— 

4 (1) In any case in which— 

5 (A) an offshore aquaculture facility has 

6 been used in the commission of an act prohib7 ited under section 8 of this Act; 

8 (B) the owner or operator of an offshore 

9 aquaculture facility or any other person who 

10 has been issued or has applied for a permit 

11 under section 4 of this Act has acted in viola12 tion of section 8 of this Act; or 

13 (C) any amount in settlement of a civil for14 feiture imposed on an offshore aquaculture fa15 cility or other property, or any civil penalty or 

16 criminal fine imposed under this Act or imposed 

17 on any other person who has been issued or has 

18 applied for a permit under any fishery resource 

19 statute enforced by the Secretary, has not been 

20 paid and is overdue, the Secretary may— 

21 (i) revoke any permit issued with re22 spect to such offshore aquaculture facility 

23 or applied for by such a person under this 

24 Act, with or without prejudice to the 

25 issuance of subsequent permits; 

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•S 1609 IS 

1 (ii) suspend such permit for a period 

2 of time considered by the Secretary to be 

3 appropriate; 

4 (iii) deny such permit; or 

5 (iv) impose additional conditions and 

6 restrictions on such permit. 

7 (2) In imposing a sanction under this sub8 section, the Secretary shall take into account— 

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

10 gravity of the prohibited acts for which the 

11 sanction is imposed; and 

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

13 of culpability, any history of prior violations, 

14 and such other matters as justice may require. 

15 (3) Transfer of ownership of an offshore aqua16 culture facility, by sale or otherwise, shall not extin17 guish any permit sanction that is in effect or is 

18 pending at the time of transfer of ownership. Before 

19 executing the transfer of ownership of an offshore 

20 aquaculture facility, by sale or otherwise, the owner 

21 shall disclose in writing to the prospective transferee 

22 the existence of any permit sanction that will be in 

23 effect or pending with respect to the offshore aqua24 culture facility at the time of the transfer. The Secmstockstill on PROD1PC66 with BILLS

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•S 1609 IS 

1 retary may waive or compromise a sanction in the 

2 case of a transfer pursuant to court order. 

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

4 under this subsection for nonpayment of a civil pen5 alty or criminal fine, the Secretary shall reinstate 

6 the permit upon payment of the penalty or fine and 

7 interest thereon at the prevailing rate. 

8 (5) No sanctions shall be imposed under this 

9 subsection unless there has been prior opportunity 

10 for a hearing on the facts underlying the violation 

11 for which the sanction is imposed, either in conjunc12 tion with a civil penalty proceeding under this sec13 tion or otherwise. 

14 (d) INJUNCTIVE RELIEF.—Upon the request of the 

15 Secretary, the Attorney General of the United States may 

16 commence a civil action for appropriate relief, including 

17 a permanent or temporary injunction, for any violation of 

18 any provision of this Act, or regulation or permit issued 

19 under this Act. 

20 (e) HEARING.—For the purposes of conducting any 

21 investigation or hearing under this section or any other 

22 statute administered by the National Oceanic and Atmos23 pheric Administration which is determined on the record 

24 in accordance with the procedures provided for under sec25 tion 554 of title 5, United States Code, the Secretary may 

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1 issue subpoenas for the attendance and testimony of wit2 nesses and the production of relevant papers, books, and 

3 documents, and may administer oaths. Witnesses sum4 moned shall be paid the same fees and mileage that are 

5 paid to witnesses in the courts of the United States. In 

6 case of contempt or refusal to obey a subpoena served 

7 upon any person pursuant to this subsection, the district 

8 court of the United States for any district in which such 

9 person is found, resides, or transacts business, upon appli10 cation by the United States and after notice to such per11 son, shall have jurisdiction to issue an order requiring 

12 such person to appear and give testimony before the Sec13 retary or to appear and produce documents before the Sec14 retary, or both, and any failure to obey such order of the 

15 court may be punished by such court as a contempt there16 of. Nothing in this Act shall be construed to grant juris17 diction to a district court to entertain an application for 

18 an order to enforce a subpoena issued by the Secretary 

19 of Commerce to the Federal Government or any entity 

20 thereof. 

21 (f) JURISDICTION.—The United States district courts 

22 shall have original jurisdiction of any action under this 

23 section arising out of or in connection with the construc24 tion or operation of aquaculture facilities, and proceedings 

25 with respect to any such action may be instituted in the 

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•S 1609 IS 

1 judicial district in which any defendant resides or may be 

2 found, or in the judicial district of the adjacent coastal 

3 State nearest the place where the cause of action arose. 

4 For the purpose of this section, American Samoa shall be 

5 included within the judicial district of the District Court 

6 of the United States for the District of Hawaii. Each vio7 lation shall be a separate offense and the offense shall be 

8 deemed to have been committed not only in the district 

9 where the violation first occurred, but also in any other 

10 district as authorized by law. 

11 (g) COLLECTION.—If any person fails to pay an as12 sessment of a civil penalty after it has become a final and 

13 unappealable order, or after the appropriate court has en14 tered final judgment in favor of the Secretary, the matter 

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

16 the amount (plus interest at currently prevailing rates 

17 from the date of the final order). In such action the valid18 ity, amount and appropriateness of the final order impos19 ing the civil penalty shall not be subject to review. Any 

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

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

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

23 fees and costs for collection proceedings and a quarterly 

24 nonpayment penalty for each quarter during which such 

25 failure to pay persists. Such nonpayment penalty shall be 

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•S 1609 IS 

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

2 of such persons penalties and nonpayment penalties which 

3 are unpaid as of the beginning of such quarter. 

4 (h) NATIONWIDE SERVICE OF PROCESS.—In any ac5 tion by the United States under this Act, process may be 

6 served in any district where the defendant is found, re7 sides, transacts business or has appointed an agent for 

8 the service of process, and for civil cases may also be 

9 served in a place not within the United States in accord10 ance with Rule 4 of the Federal Rules of Civil Procedure. 

11 SEC. 11. CRIMINAL OFFENSES. 

12 (a) IN GENERAL.—Any person (other than a foreign 

13 government or any entity of such government) who know14 ingly commits an act prohibited by subsection (c), (d), (e), 

15 or (f) of section 8, shall be imprisoned for not more than 

16 5 years or shall be fined not more than $500,000 for indi17 viduals or $1,000,000 for an organization, or both; except 

18 that if in the commission of any such offense the indi19 vidual uses a dangerous weapon, engages in conduct that 

20 causes bodily injury to any officer authorized to enforce 

21 the provisions of this Act, or places any such officer in 

22 fear of imminent bodily injury, the maximum term of im23 prisonment is not more than 10 years. 

24 (b) OTHER OFFENSES.—Any person (other than a 

25 foreign government or any entity of such government) who 

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•S 1609 IS 

1 knowingly violates any provision of section 8 other than 

2 subsection (c), (d), (e) or (f), any provision of any regula3 tion promulgated pursuant to this Act, or any permit 

4 issued under this Act, shall be imprisoned for not more 

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

6 for an individual or $1,000,000 for an organization, or 

7 both. 

8 (c) JURISDICTION OF DISTRICT COURTS.—The 

9 United States district courts shall have original jurisdic10 tion of any action arising under this section out of or in 

11 connection with the construction or operation of aqua12 culture facilities, and proceedings with respect to any such 

13 action may be instituted in the judicial district in which 

14 any defendant resides or may be found. For the purpose 

15 of this section, American Samoa shall be included within 

16 the judicial district of the District Court of the United 

17 States for the District of Hawaii. Each violation shall be 

18 a separate offense and the offense shall be deemed to have 

19 been committed not only in the district where the violation 

20 first occurred, but also in any other district as authorized 

21 under law. 

22 SEC. 12. FORFEITURES. 

23 (a) CRIMINAL FORFEITURE.—A person who is con24 victed of an offense under section 11 of this Act shall for25 feit to the United States— 

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1 (1) any property, real or personal, constituting 

2 or traceable to the gross proceeds obtained, or re3 tained, as a result of the offense including, without 

4 limitation, any marine species (or the fair market 

5 value thereof) taken or retained in connection with 

6 or as a result of the offense; and 

7 (2) any property, real or personal, used or in8 tended to be used to commit or to facilitate the com9 mission of the offense, including, without limitation, 

10 any offshore aquaculture facility or vessel, including 

11 its structure, equipment, furniture, appurtenances, 

12 stores, and cargo, and any vehicle or aircraft. 

13 Pursuant to section 2461(c) of title 28, United States 

14 Code, the provisions of section 413 of the Controlled Sub15 stances Act (21 U.S.C. 853), other than subsection (d), 

16 shall apply to criminal forfeitures under this section. 

17 (b) CIVIL FORFEITURE.—The following shall be sub18 ject to forfeiture to the United States and no property 

19 right shall exist in them: 

20 (1) Any property, real or personal, constituting 

21 or traceable to the gross proceeds obtained, or re22 tained, as a result of a violation of any provision of 

23 section 8 or section 4(b)(2)(D) of this Act, includ24 ing, without limitation, any marine species (or the 

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•S 1609 IS 

1 fair market value thereof) taken or retained in con2 nection with or as a result of the violation. 

3 (2) Any property, real or personal, used or in4 tended to be used to commit or to facilitate the com5 mission of any such violation, including, without lim6 itation, any offshore aquaculture facility or vessel, 

7 including its structure, equipment, furniture, appur8 tenances, stores, and cargo, and any vehicle or air9 craft. 

10 Civil forfeitures under this section shall be governed by 

11 the procedures set forth in chapter 46 of title 18, United 

12 States Code. 

13 (c) REBUTTABLE PRESUMPTION.—In any criminal or 

14 civil forfeiture proceeding under this section, there is a 

15 rebuttable presumption that all marine species found with16 in an offshore aquaculture facility and seized in connection 

17 with a violation of section 8 of this Act were taken or re18 tained in violation of this Act. 

19 SEC. 13. SEVERABILITY AND JUDICIAL REVIEW. 

20 (a) SEVERABILITY.—If any provision of this chapter 

21 or the application thereof to any person or circumstances 

22 is held invalid, the validity of the remainder of this chapter 

23 and of the application of such provision to other persons 

24 and circumstances shall not be affected thereby. 

25 (b) JUDICIAL REVIEW.— 

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1 (1) IN GENERAL.—Judicial review of any action 

2 taken by the Secretary under this chapter shall be 

3 in accordance with sections 701 through 706 of title 

4 5, United States Code, except that— 

5 (A) review of any final agency action of the 

6 Secretary taken pursuant to subsection (a) or 

7 (c) of section 11 may be had only by the filing 

8 of a complaint by an interested person in the 

9 United States District Court for the appro10 priate district; any such complaint must be filed 

11 within 30 days of the date such final agency ac12 tion is taken; and 

13 (B) review of all other final agency actions 

14 of the Secretary under this chapter may be had 

15 only by the filing of a petition for review by an 

16 interested person in the Circuit Court of Ap17 peals of the United States for the Federal judi18 cial district in which such person resides or 

19 transacts business which is directly affected by 

20 the action taken; such petition shall be filed 

21 within 120 days from the date such final action 

22 is taken. 

23 (2) LIMITATION OF JUDICIAL REVIEW.—Final 

24 agency action with respect to which review could 

25 have been obtained under paragraph (1)(B) of this 

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•S 1609 IS 

1 subsection shall not be subject to judicial review in 

2 any civil or criminal proceeding for enforcement. 

3 (3) AWARDS OF LITIGATION COSTS.—In any ju4 dicial proceeding under paragraph (1) of this sub5 section, the court may award costs of litigation (in6 cluding reasonable attorney and expert witness fees) 

7 to any prevailing party whenever it determines that 

8 such award is appropriate. 

Æ 

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