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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1609 Introduced in Senate (IS)]

  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Offshore Aquaculture Act of 
2007''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) It is the policy of the United States--
                    (A) to support an offshore aquaculture industry 
                that will produce food and other valuable products, 
                protect wild stocks and the quality of marine 
                ecosystems, and be compatible with other uses of the 
                Exclusive Economic Zone;
                    (B) to encourage the development of environmentally 
                responsible offshore aquaculture by authorizing 
                offshore aquaculture operations and research;
                    (C) to establish a permitting process for offshore 
                aquaculture that encourages private investment in 
                aquaculture operations and research, provides 
                opportunity for public comment, and addresses the 
                potential risks to and impacts (including cumulative 
                impacts) on marine ecosystems, human health and safety, 
                other ocean uses, and coastal communities from offshore 
                aquaculture; and
                    (D) to promote, through public-private 
                partnerships, research and development in marine 
                aquaculture science, technology, and related social, 
                economic, legal, and environmental management 
                disciplines that will enable marine aquaculture 
                operations to achieve operational objectives while 
                protecting marine ecosystem quality.
            (2) Offshore aquaculture activities within the Exclusive 
        Economic Zone of the United States constitute activities with 
        respect to which the United States has proclaimed sovereign 
        rights and jurisdiction under Presidential Proclamation 5030 of 
        March 10, 1983.

SEC. 3. DEFINITIONS.

    In this Act:
             (1) Coastal state.--The term ``coastal State'' means--
                    (A) a State in, or bordering on, the Atlantic, 
                Pacific, or Arctic Ocean, the Gulf of Mexico, or Long 
                Island Sound; and
                    (B) Puerto Rico, the Virgin Islands, Guam, the 
                Commonwealth of the Northern Mariana Islands, the Trust 
                Territories of the Pacific Islands, and American Samoa.
            (2) Coastline.--The term ``coastline'' means the line of 
        ordinary low water along that portion of the coast that is in 
        direct contact with the open sea and the line marking the 
        seaward limit of inland waters.
            (3) Exclusive economic zone.--The term ``Exclusive Economic 
        Zone'' means, unless otherwise specified by the President in 
        the public interest in a writing published in the Federal 
        Register, a zone, the outer boundary of which is 200 nautical 
        miles from the baseline from which the breadth of the 
        territorial sea is measured, except as established by a 
        maritime boundary treaty in force, or being provisionally 
        applied by the United States or, in the absence of such a 
        treaty where the distance between the United States and another 
        nation is less than 400 nautical miles, a line equidistant 
        between the United States and the other nation. Without 
        affecting any Presidential Proclamation with regard to the 
        establishment of the United States territorial sea or Exclusive 
        Economic Zone, the inner boundary of that zone is--
                    (A) a line coterminous with the seaward boundary 
                (as defined in section 4 of the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1312)) of each of the several 
                coastal States;
                    (B) a line 3 marine leagues from the coastline of 
                the Commonwealth of Puerto Rico;
                    (C) a line 3 geographical miles from the coastlines 
                of American Samoa, the United States Virgin Islands, 
                and Guam;
                    (D) for the Commonwealth of the Northern Mariana 
                Islands--
                            (i) its coastline, until such time as the 
                        Commonwealth of the Northern Mariana Islands is 
                        granted authority by the United States to 
                        regulate all fishing to a line seaward of its 
                        coastline, and
                            (ii) upon the United States' grant of such 
                        authority, the line established by such grant 
                        of authority; and
                    (E) for any possession of the United States not 
                described in subparagraph (B), (C), or (D), the 
                coastline of such possession.
        Nothing in this paragraph shall be construed as diminishing the 
        authority of the Department of Defense, the Department of the 
        Interior, or any other Federal department or agency.
            (4) Lessee.--The term ``lessee'' means any party to a 
        lease, right-of-use and easement, or right-of-way, or an 
        approved assignment thereof, issued pursuant to the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
            (5) Marine species.--The term ``marine species'' means 
        finfish, mollusks, crustaceans, marine algae, and all other 
        forms of marine life other than marine mammals and birds.
            (6) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means all activities, including the operation of 
        offshore aquaculture facilities, involved in the propagation 
        and rearing, or attempted propagation and rearing, of marine 
        species in the United States Exclusive Economic Zone.
            (7) Offshore aquaculture facility.--The term ``offshore 
        aquaculture facility'' means--
                    (A) an installation or structure used, in whole or 
                in part, for offshore aquaculture; or
                    (B) an area of the seabed or the subsoil used for 
                offshore aquaculture of living organisms belonging to 
                sedentary species.
            (8) Offshore aquaculture permit.--The term ``offshore 
        aquaculture permit'' means an authorization issued under 
        section 4(b) to raise specified marine species in a specific 
        offshore aquaculture facility within a specified area of the 
        Exclusive Economic Zone.
            (9) Person.--The term ``person'' means any individual 
        (whether or not a citizen or national of the United States), 
        any corporation, partnership, association, or other non-
        governmental entity (whether or not organized or existing under 
        the laws of any State), and State, local or tribal government 
        or entity thereof, and, except as otherwise specified by the 
        President in writing, the Federal Government or an entity 
        thereof, and, to the extent specified by the President in 
        writing, a foreign government, or an entity thereof.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 4. OFFSHORE AQUACULTURE PERMITS.

    (a) In General.--
            (1) The Secretary shall establish, through rulemaking, in 
        consultation as appropriate with other relevant Federal 
        agencies, coastal States, and regional fishery management 
        councils established under section 302 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1852), a 
        process to make areas of the Exclusive Economic Zone available 
        to eligible persons for the development and operation of 
        offshore aquaculture facilities. The process shall include--
                    (A) procedures and criteria necessary to issue and 
                modify permits under this Act;
                    (B) procedures to coordinate the offshore 
                aquaculture permitting process, and related siting, 
                operations, environmental protection, monitoring, 
                enforcement, research, and economic and social 
                activities, with similar activities administered by 
                other Federal agencies and coastal States;
                    (C) consideration of the potential environmental, 
                social, economic, and cultural impacts of offshore 
                aquaculture and inclusion, where appropriate, of permit 
                conditions to address negative impacts;
                    (D) public notice and opportunity for public 
                comment prior to issuance of offshore aquaculture 
                permits;
                    (E) procedures to monitor and evaluate compliance 
                with the provisions of offshore aquaculture permits, 
                including the collection of biological, chemical and 
                physical oceanographic data, and social, production, 
                and economic data; and
                    (F) procedures for transferring permits from the 
                original permit holder to a person that--
                            (i) meets the eligibility criteria in 
                        subsection (b)(2)(A); and
                            (ii) satisfies the requirements for bonds 
                        or other guarantees prescribed under subsection 
                        (c)(3).
            (2) The Secretary shall prepare an analysis under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) with respect to the process for issuing permits.
            (3) The Secretary shall periodically review the procedures 
        and criteria for issuance of offshore aquaculture permits and 
        modify them as appropriate, in consultation as appropriate with 
        other Federal agencies, the coastal States, and regional 
        fishery management councils, based on the best available 
        science.
            (4) The Secretary shall consult as appropriate with other 
        Federal agencies and coastal States to identify the 
        environmental requirements that apply to offshore aquaculture 
        under existing laws and regulations. The Secretary shall 
        establish through rulemaking, in consultation with appropriate 
        Federal agencies, coastal States, and regional fishery 
        management councils established under section 302 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1852), additional environmental requirements to address 
        environmental risks and impacts associated with offshore 
        aquaculture, to the extent necessary. The environmental 
        requirements shall address, at a minimum--
                    (A) risks to and impacts on natural fish stocks and 
                fisheries, including safeguards needed to conserve 
                genetic resources, to prevent or minimize the 
                transmission of disease or parasites to wild stocks, 
                and to prevent the escape of marine species that may 
                cause significant environmental harm;
                    (B) risks to and impacts on marine ecosystems; 
                biological, chemical and physical features of water 
                quality and habitat; marine species, marine mammals and 
                birds;
                    (C) cumulative effects of the aquaculture operation 
                and other aquaculture operations in the vicinity of the 
                proposed site;
                    (D) environmental monitoring, data archiving, and 
                reporting by the permit holder;
                    (E) requirements that marine species propagated and 
                reared through offshore aquaculture be species native 
                to the geographic region unless a scientific risk 
                analysis shows that the risk of harm to the marine 
                environment from the offshore culture of non-indigenous 
                or genetically modified marine species is negligible or 
                can be effectively mitigated; and
                    (F) maintaining record systems to track inventory 
                and movement of fish or other marine species in the 
                offshore aquaculture facility or harvested from such 
                facility, and, if necessary, tagging, marking, or 
                otherwise identifying fish or other marine species in 
                the offshore aquaculture facility or harvested from 
                such facility.
            (5) The Secretary, in cooperation with other Federal 
        agencies, shall--
                    (A) collect information needed to evaluate the 
                suitability of sites for offshore aquaculture; and
                    (B) monitor the effects of offshore aquaculture on 
                marine ecosystems and implement such measures as may be 
                necessary to protect the environment, including 
                temporary or permanent relocation of offshore 
                aquaculture sites, a moratorium on additional sites 
                within a prescribed area, and other appropriate 
                measures as determined by the Secretary.
    (b) Permits.--Subject to the provisions of subsection (e), the 
Secretary may issue offshore aquaculture permits under such terms and 
conditions as the Secretary shall prescribe. Permits issued under this 
Act shall authorize the permit holder to conduct offshore aquaculture 
consistent with the provisions of this Act, regulations issued under 
this Act, any specific terms, conditions and restrictions applied to 
the permit by the Secretary, and other applicable law.
            (1) Procedure for issuance of permits.--
                    (A) An applicant for an offshore aquaculture permit 
                shall submit an application to the Secretary specifying 
                the proposed location and type of operation, the marine 
                species to be propagated or reared, or both, at the 
                offshore aquaculture facility, and other design, 
                construction, and operational information, as specified 
                by regulation.
                    (B) Within 120 days after determining that a permit 
                application is complete and has satisfied all 
                applicable statutory and regulatory requirements, as 
                specified by regulation, the Secretary shall issue or 
                deny the permit. If the Secretary is unable to issue or 
                deny a permit within this time period, the Secretary 
                shall provide written notice to the applicant 
                indicating the reasons for the delay and establishing a 
                reasonable timeline for issuing or denying the permit.
            (2) Permit conditions.--
                    (A) An offshore aquaculture permit holder shall--
                            (i) be a resident of the United States;
                            (ii) be a corporation, partnership, or 
                        other entity organized and existing under the 
                        laws of a State or the United States; or
                            (iii) if the holder does not meet the 
                        requirements of clause (i) or (ii), to the 
                        extent required by the Secretary by regulation 
                        after coordination with the Secretary of State, 
                        waive any immunity, and consent to the 
                        jurisdiction of the United States and its 
                        courts, for matters arising in relation to such 
                        permit, and appoint and maintain agents within 
                        the United States who are authorized to receive 
                        and respond to any legal process issued in the 
                        United States with respect to such permit 
                        holder.
                    (B) Subject to the provisions of subsection (e), 
                the Secretary shall establish the terms, conditions, 
                and restrictions that apply to offshore aquaculture 
                permits, and shall specify in the permits the duration, 
                size, and location of the offshore aquaculture 
                facility.
                    (C) Except for projects involving pilot-scale 
                testing or farm-scale research on aquaculture science 
                and technologies and offshore aquaculture permits 
                requiring concurrence of the Secretary of the Interior 
                under subsection (e)(1), the permit shall have a 
                duration of 20 years, renewable thereafter at the 
                discretion of the Secretary in up to 20-year 
                increments. The duration of permits requiring 
                concurrence of the Secretary of the Interior under 
                subsection (e)(1) shall be developed in consultation as 
                appropriate with the Secretary of the Interior, except 
                that any such permit shall expire no later than the 
                date that the lessee, or the lessee's operator, submits 
                to the Secretary of the Interior a final application 
                for the decommissioning and removal of an existing 
                facility upon which an offshore aquaculture facility is 
                located.
                    (D) At the expiration or termination of an offshore 
                aquaculture permit for any reason, the permit holder 
                shall remove all structures, gear, and other property 
                from the site, and take other measures to restore the 
                site as may be prescribed by the Secretary.
                    (E) The Secretary may revoke a permit for failure 
                to begin offshore aquaculture operations within a 
                reasonable period of time, or prolonged interruption of 
                offshore aquaculture operations.
            (3) National interest determination.--If the Secretary 
        determines that issuance of a permit is not in the national 
        interest, the Secretary may decline to issue such a permit or 
        may impose such conditions as necessary to address such 
        concerns.
    (c) Fees and Other Payments.--
            (1) The Secretary may establish, through regulations, 
        application fees and annual permit fees. Such fees shall be 
        deposited as offsetting collections in the Operations, 
        Research, and Facilities account. Fees may be collected and 
        made available only to the extent provided in advance in 
        appropriation Acts.
            (2) The Secretary may reduce or waive applicable fees or 
        other payments established under this section for facilities 
        used primarily for research.
            (3) The Secretary shall require the permit holder to post a 
        bond or other form of financial guarantee, in an amount to be 
        determined by the Secretary as sufficient to cover any unpaid 
        fees, the cost of removing an offshore aquaculture facility at 
        the expiration or termination of an offshore aquaculture 
        permit, and other financial risks as identified by the 
        Secretary.
    (d) Compatibility With Other Uses.--
            (1) The Secretary shall consult as appropriate with other 
        Federal agencies, coastal States, and regional fishery 
        management councils to ensure that offshore aquaculture for 
        which a permit is issued under this section is compatible with 
        the use of the Exclusive Economic Zone for navigation, fishing, 
        resource protection, recreation, national defense (including 
        military readiness), mineral exploration and development, and 
        other activities.
            (2) The Secretary shall not authorize permits for new 
        offshore aquaculture facilities within 12 miles of the 
        coastline of a coastal State if that coastal State has 
        submitted a written notice to the Secretary that the coastal 
        State opposes such activities. This paragraph does not apply to 
        permit applications received by the Secretary prior to the date 
        the notice is received from a coastal State. A coastal State 
        that transmits such a notice to the Secretary may revoke that 
        notice in writing at any time.
            (3) Federal agencies implementing this Act, persons subject 
        to this Act, and coastal States seeking to review permit 
        applications under this Act shall comply with the applicable 
        provisions of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1451 et seq.) and regulations promulgated thereunder.
            (4) Notwithstanding the definition of the term ``fishing'' 
        in section 3(16) of the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1802(16)), the conduct of 
        offshore aquaculture in accordance with permits issued under 
        this Act shall not be considered ``fishing'' for purposes of 
        that Act. The Secretary shall ensure, to the extent 
        practicable, that offshore aquaculture does not interfere with 
        conservation and management measures promulgated under the 
        Magnuson-Stevens Fishery Conservation and Management Act.
            (5) The Secretary may promulgate regulations that the 
        Secretary finds to be reasonable and necessary to protect 
        offshore aquaculture facilities, and, where appropriate, shall 
        request that the Secretary of the department in which the Coast 
        Guard is operating establish navigational safety zones around 
        such facilities. In addition, in the case of any offshore 
        aquaculture facility described in subsection (e)(1), the 
        Secretary of the department in which the Coast Guard is 
        operating shall consult with the Secretary of the Interior 
        before designating such a zone.
            (6) After consultation with the Secretary, the Secretary of 
        State, and the Secretary of Defense, the Secretary of the 
        department in which the Coast Guard is operating may designate 
        a zone of appropriate size around and including any offshore 
        aquaculture facility for the purpose of navigational safety. In 
        such a zone, no installations, structures, or uses will be 
        allowed that are incompatible with the operation of the 
        offshore aquaculture facility. The Secretary of the department 
        in which the Coast Guard is operating may define, by 
        rulemaking, activities that are allowed within such a zone.
            (7)(A) Subject to subparagraph (B), if the Secretary, after 
        consultation with Federal agencies as appropriate and after 
        affording the permit holder notice and an opportunity to be 
        heard, determines that suspension, modification, or revocation 
        of a permit is in the national interest, the Secretary may 
        suspend, modify, or revoke such permit.
            (B) If the Secretary determines that an emergency exists 
        that poses a risk to the safety of humans, to the marine 
        environment, to marine species, or to the security of the 
        United States and that requires suspension, modification, or 
        revocation of a permit, the Secretary may suspend, modify, or 
        revoke the permit for such time as the Secretary may determine 
        necessary to meet the emergency. The Secretary shall afford the 
        permit holder a prompt post-suspension or post-modification 
        opportunity to be heard regarding the suspension, modification, 
        or revocation.
            (8) Permits issued under this Act do not supersede or 
        substitute for any other authorization required under 
        applicable Federal or State law or regulation.
    (e) Actions Affecting the Outer Continental Shelf.--
            (1) Concurrence of secretary of interior required.--The 
        Secretary shall obtain the concurrence of the Secretary of the 
        Interior for permits for offshore aquaculture facilities 
        located--
                    (A) on leases, right-of-use and easements, or 
                rights of way authorized or permitted under the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), 
                or
                    (B) within 1 mile of any other facility permitted 
                or for which a plan has been approved under that Act.
            (2) Prior consent required.--Offshore aquaculture may not 
        be located on facilities described in paragraph (1)(A) without 
        the prior consent of the lessee, its designated operator, and 
        the owner of the facility.
            (3) Review for lease, etc., compliance.--The Secretary of 
        the Interior shall review and approve any agreement between a 
        lessee, designated operator, and owner of a facility described 
        in paragraph (1) and a prospective aquaculture operator to 
        ensure that it is consistent with the Federal lease terms, 
        Department of the Interior regulations, and the Secretary of 
        the Interior's role in the protection of the marine 
        environment, property, or human life or health. An agreement 
        under this subsection shall be part of the information reviewed 
        pursuant to the Coastal Zone Management Act review process 
        described in paragraph (4) and shall not be subject to a 
        separate Coastal Zone Management Act review.
            (4) Coordinated coastal zone management act review.--
                    (A) If the applicant for an offshore aquaculture 
                facility that will utilize a facility described in 
                paragraph (1) is required to submit to a coastal State 
                a consistency certification for its aquaculture 
                application under section 307(c)(3)(A) of the Coastal 
                Zone Management Act (16 U.S.C. 1456(c)(3)(A)), the 
                coastal State's review under the Coastal Zone 
                Management Act and corresponding Federal regulations 
                shall also include any modification to a lessee's 
                approved plan or other document for which a consistency 
                certification would otherwise be required under 
                applicable Federal regulations, including changes to 
                its plan for decommissioning any facilities, resulting 
                from or necessary for the issuance of the offshore 
                aquaculture permit, if information related to such 
                modifications or changes is received by the coastal 
                State at the time the coastal State receives the 
                offshore aquaculture permit applicant's consistency 
                certification. If the information related to such 
                modifications or changes is received by the coastal 
                State at the time the coastal State receives the 
                offshore aquaculture permit applicant's consistency 
                certification, a lessee is not required to submit a 
                separate consistency certification for any such 
                modification or change under section 307(c)(3)(B) of 
                the Coastal Zone Management Act (16 U.S.C. 
                1456(c)(3)(B)) and the coastal State's concurrence or 
                objection, or presumed concurrence, under section 
                307(c)(3)(A) of that Act (16 U.S.C. 1456(c)(3)(A)) in a 
                consistency determination for the offshore aquaculture 
                permit, shall apply to both the offshore aquaculture 
                permit and to any related modifications or changes to a 
                lessee's plan approved under the Outer Continental 
                Shelf Lands Act.
                    (B) If a coastal State is not authorized by section 
                307(c)(3)(A) of the Coastal Zone Management Act (16 
                U.S.C. 1456(c)(3)(A)) and corresponding Federal 
                regulations to review an offshore aquaculture 
                application submitted under this Act, then any 
                modifications or changes to a lessee's approved plan or 
                other document requiring approval from the Department 
                of the Interior, shall be subject to coastal State 
                review pursuant to the requirements of section 
                307(c)(3)(B) of the Coastal Zone Management Act (16 
                U.S.C. 1456(c)(3)(B)), if a consistency certification 
                for those modifications or changes is required under 
                applicable Federal regulations.
            (5) Joint and several liability.--For offshore aquaculture 
        located on facilities described in paragraph (1), the 
        aquaculture permit holder and all parties that are or were 
        lessees of the lease on which the facilities are located during 
        the term of the offshore aquaculture permit shall be jointly 
        and severally liable for the removal of any construction or 
        modifications related to aquaculture operations if the 
        aquaculture permit holder fails to do so and bonds established 
        under this Act for aquaculture operations prove insufficient to 
        cover those obligations. This paragraph does not affect 
        obligations to decommission facilities under the Outer 
        Continental Shelf Lands Act.
            (6) Additional authority.--For aquaculture projects or 
        operations described in paragraph (1), the Secretary of the 
        Interior may--
                    (A) promulgate such rules and regulations as are 
                necessary and appropriate to carry out the provisions 
                of this subsection;
                    (B) require and enforce such additional terms or 
                conditions as the Secretary of the Interior deems 
                necessary to protect the marine environment, property, 
                or human life or health to ensure the compatibility of 
                aquaculture operations with all activities for which 
                permits have been issued under the Outer Continental 
                Shelf Lands Act;
                    (C) issue orders to the offshore aquaculture permit 
                holder to take any action the Secretary of the Interior 
                deems necessary to ensure safe operations on the 
                facility to protect the marine environment, property, 
                or human life or health. Failure to comply with the 
                Secretary of the Interior's orders will be deemed to 
                constitute a violation of the Outer Continental Shelf 
                Lands Act; and
                    (D) enforce all requirements contained in such 
                regulations, lease terms and conditions and orders 
                pursuant to the Outer Continental Shelf Lands Act.

SEC. 5. RESEARCH AND DEVELOPMENT.

    (a) In General.--In consultation as appropriate with other Federal 
agencies, the Secretary may establish and conduct an integrated, 
multidisciplinary, scientific research and development program to 
further marine aquaculture technologies that are compatible with the 
protection of marine ecosystems.
    (b) Partnerships.--The Secretary may conduct research and 
development in partnership with offshore aquaculture permit holders.
    (c) Reduction of Wild Fish as Food.--The Secretary, in 
collaboration with the Secretary of Agriculture, shall conduct research 
to reduce the use of wild fish in aquaculture feeds, including the 
substitution of seafood processing wastes, cultured marine algae, and 
microbial sources of nutrients important for human health and 
nutrition, agricultural crops, and other products.

SEC. 6. ADMINISTRATION.

    (a) In General.--The Secretary shall promulgate such regulations as 
are necessary and appropriate to carry out the provisions of this Act. 
The Secretary may at any time amend such regulations, and such 
regulations shall, as of their effective date, apply to all operations 
conducted pursuant to permits issued under this Act, regardless of the 
date of the issuance of such permit.
    (b) Contract, etc., Authority.--The Secretary may enter into and 
perform such contracts, leases, grants, or cooperative agreements as 
may be necessary to carry out the purposes of this Act and on such 
terms as the Administrator of the National Oceanic and Atmospheric 
Administration deems appropriate.
    (c) Use of Contributed Governmental Resources.--For purposes 
related to the enforcement of this Act, the Secretary may use, with 
their consent and with or without reimbursement, the land, services, 
equipment, personnel, and facilities of any department, agency or 
instrumentality of the United States, or of any State, local 
government, Indian tribal government, Territory or possession, or of 
any political subdivision thereof, or of any foreign government or 
international organization.
    (d) Authority To Utilize Grant Funds.--
            (1) Except as provided in paragraph (2), the Secretary may 
        apply for, accept, and obligate research grant funding from any 
        Federal source operating competitive grant programs where such 
        funding furthers the purpose of this Act.
            (2) The Secretary may not apply for, accept, or obligate 
        any grant funding under paragraph (1) for which the granting 
        agency lacks authority to grant funds to Federal agencies, or 
        for any purpose or subject to conditions that are prohibited by 
        law or regulation.
            (3) Appropriated funds may be used to satisfy a requirement 
        to match grant funds with recipient agency funds, except that 
        no grant may be accepted that requires a commitment in advance 
        of appropriations.
            (4) Funds received from grants shall be deposited in the 
        National Oceanic and Atmospheric Administration account that 
        serves to accomplish the purpose for which the grant was 
        awarded.
    (e) Reservation of Authority.--Nothing in this Act shall be 
construed to displace, supersede, or limit the jurisdiction, 
responsibilities, or rights of any Federal or State agency, or Indian 
Tribe or Alaska Native organization, under any Federal law or treaty.
    (f) Application of Laws to Facilities in the EEZ.--The 
Constitution, laws, and treaties of the United States shall apply to an 
offshore aquaculture facility located in the Exclusive Economic Zone 
for which a permit has been issued or is required under this Act and to 
activities in the Exclusive Economic Zone connected, associated, or 
potentially interfering with the use or operation of such facility, in 
the same manner as if such facility were an area of exclusive Federal 
jurisdiction located within a State. Nothing in this Act shall be 
construed to relieve, exempt, or immunize any person from any other 
requirement imposed by an applicable Federal law, regulation, or 
treaty. Nothing in this Act shall be construed to confer citizenship to 
a person by birth or through naturalization or to entitle a person to 
avail himself of any law pertaining to immigration, naturalization, or 
nationality.
    (g) Application of Certain State Laws.--The law of the nearest 
adjacent coastal State, now in effect or hereafter adopted, amended, or 
repealed, is declared to be the law of the United States, and shall 
apply to any offshore aquaculture facility for which a permit has been 
issued pursuant to this Act, to the extent applicable and not 
inconsistent with any provision or regulation under this Act or other 
Federal laws and regulations now in effect or hereafter adopted, 
amended, or repealed. All such applicable laws shall be administered 
and enforced by the appropriate officers and courts of the United 
States. For purposes of this subsection, the nearest adjacent coastal 
State shall be that State whose seaward boundaries, if extended beyond 
3 nautical miles, would encompass the site of the offshore aquaculture 
facility. State taxation laws shall not apply to offshore aquaculture 
facilities in the Exclusive Economic Zone.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary $4,052,000 
in fiscal year 2008 and thereafter such sums as may be necessary for 
purposes of carrying out the provisions of this Act.

SEC. 8. UNLAWFUL ACTIVITIES.

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

SEC. 9. ENFORCEMENT PROVISIONS.

    (a) Duties of Secretaries.--Subject to subparagraphs (B) and (D) of 
section 4(e)(6), this Act shall be enforced by the Secretary and the 
Secretary of the department in which the Coast Guard is operating.
    (b) Powers of Enforcement.--
            (1) Any officer who is authorized pursuant to subsection 
        (a) of this section by the Secretary or the Secretary of the 
        department in which the Coast Guard is operating to enforce the 
        provisions of this Act may--
                    (A) with or without a warrant or other process--
                            (i) arrest any person, if the officer has 
                        reasonable cause to believe that such person 
                        has committed or is committing an act 
                        prohibited by section 8 of this Act;
                            (ii) search or inspect any offshore 
                        aquaculture facility and any related land-based 
                        facility;
                            (iii) seize any offshore aquaculture 
                        facility (together with its equipment, records, 
                        furniture, appurtenances, stores, and cargo), 
                        and any vessel or vehicle, used or employed in 
                        aid of, or with respect to which it reasonably 
                        appears that such offshore aquaculture facility 
                        was used or employed in aid of, the violation 
                        of any provision of this Act or any regulation 
                        or permit issued under this Act;
                            (iv) seize any marine species (wherever 
                        found) retained, in any manner, in connection 
                        with or as a result of the commission of any 
                        act prohibited by section 8 of this Act; and
                            (v) seize any evidence related to any 
                        violation of any provision of this Act or any 
                        regulation or permit issued under this Act;
                    (B) execute any warrant or other process issued by 
                any court of competent jurisdiction; and
                    (C) exercise any other lawful authority.
            (2) Any officer who is authorized pursuant to subsection 
        (a) of this section by the Secretary or the Secretary of the 
        department in which the Coast Guard is operating to enforce the 
        provisions of this Act may make an arrest without a warrant for 
        (A) an offense against the United States committed in his 
        presence, or (B) for a felony cognizable under the laws of the 
        United States, if he has reasonable grounds to believe that the 
        person to be arrested has committed or is committing a felony. 
        Any such authorized person may execute and serve a subpoena, 
        arrest warrant or search warrant issued in accordance with Rule 
        41 of the Federal Rules of Criminal Procedure, or other warrant 
        of civil or criminal process issued by any officer or court of 
        competent jurisdiction for enforcement of the Act, or any 
        regulation or permit issued under this Act.
    (c) Issuance of Citations.--If any authorized officer finds that a 
person is engaging in or has engaged in offshore aquaculture in 
violation of any provision of this Act, such officer may issue a 
citation to that person.
    (d) Liability for Costs.--Any person who violates this Act, or a 
regulation or permit issued under this Act, shall be liable for the 
cost incurred in storage, care, and maintenance of any marine species 
or other property seized in connection with the violation.

SEC. 10. CIVIL ENFORCEMENT AND PERMIT SANCTIONS.

    (a) Civil Administrative Penalties.--
            (1) Any person who is found by the Secretary, after notice 
        and opportunity for a hearing in accordance with section 554 of 
        title 5, United States Code, to have violated this Act, or a 
        regulation or permit issued under this Act, shall be liable to 
        the United States for a civil penalty. The amount of the civil 
        penalty under this paragraph shall not exceed $200,000 for each 
        violation. Each day of a continuing violation shall constitute 
        a separate violation.
            (2) Compromise or other action by the secretary.--The 
        Secretary may compromise, modify, or remit, with or without 
        conditions, any civil administrative penalty which is or may be 
        imposed under this section and that has not been referred to 
        the Attorney General for further enforcement action.
    (b) Civil Judicial Penalties.--Any person who violates any 
provision of this Act, or any regulation or permit issued thereunder, 
shall be subject to a civil penalty not to exceed $250,000 for each 
such violation. Each day of a continuing violation shall constitute a 
separate violation. The Attorney General, upon the request of the 
Secretary, may commence a civil action in an appropriate district court 
of the United States, and such court shall have jurisdiction to award 
civil penalties and such other relief as justice may require. In 
determining the amount of a civil penalty, the court shall take into 
account the nature, circumstances, extent, and gravity of the 
prohibited acts committed and, with respect to the violator, the degree 
of culpability, any history of prior violations and such other matters 
as justice may require. In imposing such penalty, the district court 
may also consider information related to the ability of the violator to 
pay.
    (c) Permit Sanctions.--
            (1) In any case in which--
                    (A) an offshore aquaculture facility has been used 
                in the commission of an act prohibited under section 8 
                of this Act;
                    (B) the owner or operator of an offshore 
                aquaculture facility or any other person who has been 
                issued or has applied for a permit under section 4 of 
                this Act has acted in violation of section 8 of this 
                Act; or
                    (C) any amount in settlement of a civil forfeiture 
                imposed on an offshore aquaculture facility or other 
                property, or any civil penalty or criminal fine imposed 
                under this Act or imposed on any other person who has 
                been issued or has applied for a permit under any 
                fishery resource statute enforced by the Secretary, has 
                not been paid and is overdue, the Secretary may--
                            (i) revoke any permit issued with respect 
                        to such offshore aquaculture facility or 
                        applied for by such a person under this Act, 
                        with or without prejudice to the issuance of 
                        subsequent permits;
                            (ii) suspend such permit for a period of 
                        time considered by the Secretary to be 
                        appropriate;
                            (iii) deny such permit; or
                            (iv) impose additional conditions and 
                        restrictions on such permit.
            (2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                    (A) the nature, circumstances, extent, and gravity 
                of the prohibited acts for which the sanction is 
                imposed; and
                    (B) with respect to the violator, the degree of 
                culpability, any history of prior violations, and such 
                other matters as justice may require.
            (3) Transfer of ownership of an offshore aquaculture 
        facility, by sale or otherwise, shall not extinguish any permit 
        sanction that is in effect or is pending at the time of 
        transfer of ownership. Before executing the transfer of 
        ownership of an offshore aquaculture facility, by sale or 
        otherwise, the owner shall disclose in writing to the 
        prospective transferee the existence of any permit sanction 
        that will be in effect or pending with respect to the offshore 
        aquaculture facility at the time of the transfer. The Secretary 
        may waive or compromise a sanction in the case of a transfer 
        pursuant to court order.
            (4) In the case of any permit that is suspended under this 
        subsection for nonpayment of a civil penalty or criminal fine, 
        the Secretary shall reinstate the permit upon payment of the 
        penalty or fine and interest thereon at the prevailing rate.
            (5) No sanctions shall be imposed under this subsection 
        unless there has been prior opportunity for a hearing on the 
        facts underlying the violation for which the sanction is 
        imposed, either in conjunction with a civil penalty proceeding 
        under this section or otherwise.
    (d) Injunctive Relief.--Upon the request of the Secretary, the 
Attorney General of the United States may commence a civil action for 
appropriate relief, including a permanent or temporary injunction, for 
any violation of any provision of this Act, or regulation or permit 
issued under this Act.
    (e) Hearing.--For the purposes of conducting any investigation or 
hearing under this section or any other statute administered by the 
National Oceanic and Atmospheric Administration which is determined on 
the record in accordance with the procedures provided for under section 
554 of title 5, United States Code, the Secretary may issue subpoenas 
for the attendance and testimony of witnesses and the production of 
relevant papers, books, and documents, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage that are 
paid to witnesses in the courts of the United States. In case of 
contempt or refusal to obey a subpoena served upon any person pursuant 
to this subsection, the district court of the United States for any 
district in which such person is found, resides, or transacts business, 
upon application by the United States and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and give testimony before the Secretary or to appear and produce 
documents before the Secretary, or both, and any failure to obey such 
order of the court may be punished by such court as a contempt thereof. 
Nothing in this Act shall be construed to grant jurisdiction to a 
district court to entertain an application for an order to enforce a 
subpoena issued by the Secretary of Commerce to the Federal Government 
or any entity thereof.
    (f) Jurisdiction.--The United States district courts shall have 
original jurisdiction of any action under this section arising out of 
or in connection with the construction or operation of aquaculture 
facilities, and proceedings with respect to any such action may be 
instituted in the judicial district in which any defendant resides or 
may be found, or in the judicial district of the adjacent coastal State 
nearest the place where the cause of action arose. For the purpose of 
this section, American Samoa shall be included within the judicial 
district of the District Court of the United States for the District of 
Hawaii. Each violation shall be a separate offense and the offense 
shall be deemed to have been committed not only in the district where 
the violation first occurred, but also in any other district as 
authorized by law.
    (g) Collection.--If any person fails to pay an assessment of a 
civil penalty after it has become a final and unappealable order, or 
after the appropriate court has entered final judgment in favor of the 
Secretary, the matter may be referred to the Attorney General, who may 
recover the amount (plus interest at currently prevailing rates from 
the date of the final order). In such action the validity, amount and 
appropriateness of the final order imposing the civil penalty shall not 
be subject to review. Any person who fails to pay, on a timely basis, 
the amount of an assessment of a civil penalty shall be required to 
pay, in addition to such amount and interest, attorney's fees and costs 
for collection proceedings and a quarterly nonpayment penalty for each 
quarter during which such failure to pay persists. Such nonpayment 
penalty shall be in an amount equal to 20 percent of the aggregate 
amount of such persons penalties and nonpayment penalties which are 
unpaid as of the beginning of such quarter.
    (h) Nationwide Service of Process.--In any action by the United 
States under this Act, process may be served in any district where the 
defendant is found, resides, transacts business or has appointed an 
agent for the service of process, and for civil cases may also be 
served in a place not within the United States in accordance with Rule 
4 of the Federal Rules of Civil Procedure.

SEC. 11. CRIMINAL OFFENSES.

    (a) In General.--Any person (other than a foreign government or any 
entity of such government) who knowingly commits an act prohibited by 
subsection (c), (d), (e), or (f) of section 8, shall be imprisoned for 
not more than 5 years or shall be fined not more than $500,000 for 
individuals or $1,000,000 for an organization, or both; except that if 
in the commission of any such offense the individual uses a dangerous 
weapon, engages in conduct that causes bodily injury to any officer 
authorized to enforce the provisions of this Act, or places any such 
officer in fear of imminent bodily injury, the maximum term of 
imprisonment is not more than 10 years.
    (b) Other Offenses.--Any person (other than a foreign government or 
any entity of such government) who knowingly violates any provision of 
section 8 other than subsection (c), (d), (e) or (f), any provision of 
any regulation promulgated pursuant to this Act, or any permit issued 
under this Act, shall be imprisoned for not more than 5 years, or shall 
be fined not more than $500,000 for an individual or $1,000,000 for an 
organization, or both.
    (c) Jurisdiction of District Courts.--The United States district 
courts shall have original jurisdiction of any action arising under 
this section out of or in connection with the construction or operation 
of aquaculture facilities, and proceedings with respect to any such 
action may be instituted in the judicial district in which any 
defendant resides or may be found. For the purpose of this section, 
American Samoa shall be included within the judicial district of the 
District Court of the United States for the District of Hawaii. Each 
violation shall be a separate offense and the offense shall be deemed 
to have been committed not only in the district where the violation 
first occurred, but also in any other district as authorized under law.

SEC. 12. FORFEITURES.

    (a) Criminal Forfeiture.--A person who is convicted of an offense 
under section 11 of this Act shall forfeit to the United States--
            (1) any property, real or personal, constituting or 
        traceable to the gross proceeds obtained, or retained, as a 
        result of the offense including, without limitation, any marine 
        species (or the fair market value thereof) taken or retained in 
        connection with or as a result of the offense; and
            (2) any property, real or personal, used or intended to be 
        used to commit or to facilitate the commission of the offense, 
        including, without limitation, any offshore aquaculture 
        facility or vessel, including its structure, equipment, 
        furniture, appurtenances, stores, and cargo, and any vehicle or 
        aircraft.
Pursuant to section 2461(c) of title 28, United States Code, the 
provisions of section 413 of the Controlled Substances Act (21 U.S.C. 
853), other than subsection (d), shall apply to criminal forfeitures 
under this section.
    (b) Civil Forfeiture.--The following shall be subject to forfeiture 
to the United States and no property right shall exist in them:
            (1) Any property, real or personal, constituting or 
        traceable to the gross proceeds obtained, or retained, as a 
        result of a violation of any provision of section 8 or section 
        4(b)(2)(D) of this Act, including, without limitation, any 
        marine species (or the fair market value thereof) taken or 
        retained in connection with or as a result of the violation.
            (2) Any property, real or personal, used or intended to be 
        used to commit or to facilitate the commission of any such 
        violation, including, without limitation, any offshore 
        aquaculture facility or vessel, including its structure, 
        equipment, furniture, appurtenances, stores, and cargo, and any 
        vehicle or aircraft.
Civil forfeitures under this section shall be governed by the 
procedures set forth in chapter 46 of title 18, United States Code.
    (c) Rebuttable Presumption.--In any criminal or civil forfeiture 
proceeding under this section, there is a rebuttable presumption that 
all marine species found within an offshore aquaculture facility and 
seized in connection with a violation of section 8 of this Act were 
taken or retained in violation of this Act.

SEC. 13. SEVERABILITY AND JUDICIAL REVIEW.

    (a) Severability.--If any provision of this chapter or the 
application thereof to any person or circumstances is held invalid, the 
validity of the remainder of this chapter and of the application of 
such provision to other persons and circumstances shall not be affected 
thereby.
    (b) Judicial Review.--
            (1) In general.--Judicial review of any action taken b
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