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fresh, brackish, or coastal environments, including the
Great Lakes.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) GRANTS AND CONTRACTS.—There is au-
thorized to be appropriated to carry out this section
(other than for administration)—
‘‘(A) $5,000,000 for each of fiscal years
1995 and 1996; and
‘‘(B) $7,000,000 for each of fiscal years
1997 and 1998.
‘‘(2) ADMINISTRATION.—There is authorized to
be appropriated for the administration of this sec-
tion the lesser of—
‘‘(A) for each fiscal year, 2 percent of the
total amount appropriated to carry out this sec-
tion 1995 and 1996; and
‘‘(B)(i) $100,000, for each of fiscal years
1995 and 1996; and
‘‘(ii) $120,000 for each of fiscal years
1997 and 1998.’’.
SEC. 3. AQUACULTURE IN THE COASTAL ZONE.
The Coastal Zone Management Act of 1972 is
amended—
(1) in section 306A(b) (16 U.S.C. 1455a(b)) by
adding at the end of the following:
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‘‘(4) The development of a coordinated process
among State agencies to regulate and issue permits
for aquaculture facilities in the coastal zone.’’; and
(2) in section 309(a) (16 U.S.C. 1456b(a)) by
adding at the end the following:
‘‘(9) Adoption of procedures and policies to
evaluate and facilitate the siting of public and pri-
vate aquaculture facilities in the coastal zone which
will enable States to formulate, administer, and im-
plement strategic plans for marine aquaculture.’’.
SEC. 4. OFFSHORE MARINE AQUACULTURE PERMITTING.
(a) OWNERSHIP, CONSTRUCTION, AND OPERATION
OF OFFSHORE MARINE AQUACULTURE FACILITIES.—No
person may own, construct, or operate an offshore marine
aquaculture facility except as authorized by a permit is-
sued under this section.
(b) PERMIT ISSUANCE AND TERM.—
(1) IN
GENERAL.—The Secretary may issue,
amend, renew, or transfer in accordance with this
section permits which authorize the ownership, con-
struction, or operation of an offshore marine aqua-
culture facility.
(2) TERM.—The term of a permit under this
section shall be 10 years.
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(c) PERMIT PREREQUISITES.—The Secretary may
not issue, amend, renew, or transfer a permit to a person
under this section unless—
(1)(A) each of the officials referred to in sub-
section (e)(1) has certified to the Secretary that the
activities to be conducted under the permit would
comply with laws administered by the official; or
(B) the permit establishes the conditions trans-
mitted under subsection (e)(3)(A) by each of those
officials that does not make that certification, and
each of the remainder of those officials makes that
certification;
(2) the Secretary determines that—
(A) construction and operation of a facility
under the permit will be in the national interest
and comply with the environmental standards
established by the Secretary under subsection
(k);
(B) the site for the facility will not inter-
fere with facilities previously permitted under
this section or any other Federal law; and
(C) the person, upon revocation or surren-
der of the permit, will properly dispose of or re-
move the facility as directed by the Secretary;
and
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(3) the person provides to the Secretary a bond
or other assurances to pay for all costs associated
with the removal of the facility.
(d) PUBLIC NOTICE AND COMMENT PERIOD.—
(1) NOTICE.—The Secretary shall publish in
the Federal Register—
(A) notice of receipt of each application for
a permit under this section; and
(B) notice of issuance of each permit is-
sued, amended, renewed, or transferred under
this section.
(2) PUBLIC
COMMENT.—The Secretary shall
provide a period of at least 90 days for the submis-
sion by the public of comments regarding each appli-
cation received by the Secretary for the issuance,
amendment, renewal, or transfer of a permit under
this section.
(e) AGENCY NOTICE AND COMMENT.—
(1) TRANSMISSION
OF
COPIES
OF
APPLICA-
TIONS.—Not later than 30 days after receiving of an
application for a permit under this section, the Sec-
retary shall forward a copy of the application to—
(A) the Secretary of the department in
which the Coast Guard is operating;
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(B) the Administrator of the Environ-
mental Protection Agency;
(C) the Attorney General;
(D) the Secretary of State;
(E) the Chairman of the Regional Fishery
Management Council under the Magnuson
Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) having authority over wa-
ters in which would occur the activities for
which the permit is sought;
(F) the Secretary of Defense; and
(G) the Governor of each State that—
(i) would be affected by activities for
which the permit is sought; and
(ii) has an approved coastal zone
management program under the Coastal
Zone Management Act of 1972 (16 U.S.C.
1451 et seq.).
(2) CERTIFICATION OF COMPLIANCE.—Subject
to paragraph (4), not later than 120 days after re-
ceiving a copy of a permit application transmitted
under paragraph (1) of the official shall certify to
the Secretary whether or not the activities to be con-
ducted under the permit would comply with laws ad-
ministered by the official.
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(2) SURRENDER.—A permitee may surrender a
permit under this section to the Secretary at any
time, subject to any safeguards or conditions estab-
lished by the Secretary.
(g) PERMIT RENEWAL AND TRANSFER.—A permit
under this section may be renewed or transferred in ac-
cordance with the procedures and requirements applicable
to the issuance of a new permit. The term of a permit,
upon renewal, shall not exceed 10 years.
(h) FEES.—The Secretary shall assess permit fees to
cover the cost of administering the program authorized by
this section.
(i) CIVIL PENALTY.—The Secretary may assess a
civil penalty of not more than $100,000 for each violation
of a permit under this section.
(j) PROMULGATION
OF REGULATIONS.—The Sec-
retary shall promulgate regulations necessary to carry out
this section.
(k) ENVIRONMENTAL STANDARDS.—
(1) ESTABLISHMENT.—The Secretary, in con-
sultation with the Administrator of the Environ-
mental Protection Agency, shall issue regulations
which establish minimum environmental standards
with respect to offshore marine aquaculture facili-
ties. Such standards shall be designed to minimize
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the potential for inadvertent impacts on the marine
environment from such facilities, and shall include—
(A) safeguards to prevent escape of marine
organisms from the facility and the inter-
mingling of those organisms with wild stocks;
(B) safeguards to prevent transmission of
disease to wild stocks; and
(C)—safeguards to minimize degradation
of the marine environment where the facility is
located and the surrounding vicinity.
(2) INCLUSION OF PERMIT TERMS.—The stand-
ards established under paragraph (1) shall be treat-
ed as part of the terms of each permit issued under
this section.
(l) DEFINITIONS.—For the purposes of this section:
(1) OFFSHORE MARINE AQUACULTURE FACIL-
ITY.—The term ‘‘offshore marine aquaculture facil-
ity’’ means any commercial facility which is located
in whole or in part in waters beyond State jurisdic-
tion within the territorial sea or the exclusive eco-
nomic zone of the United States, the purpose of
which is to raise, breed, grow, harvest, or sell any
marine or estuarine organism.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce, acting through the
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Under Secretary of Commerce for Oceans and At-
mosphere.
(3) PERSON.—The term ‘‘person’’ means a citi-
zen of the United States.
SEC. 5. THE NANTUCKET PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—There is estab-
lished within the National Oceanic and Atmospheric Ad-
ministration a marine aquaculture development program
to be known as the Nantucket Program (in this section
referred to as the ‘‘Program’’). The purpose of the Pro-
gram is to expand coastal economic opportunities through
activities that provide job training, technical assistance,
and employment opportunities in marine aquaculture,
transplant, and relay operations.
(b) GRANTS.—
(1) IN GENERAL.—Subject to the availability of
appropriations, the Secretary of Commerce (in this
section referred to as the ‘‘Secretary’’) shall provide
grants under the Program to eligible coastal commu-
nities to develop marine aquaculture training and
support activities that contribute to achieving the
purpose of the Program set forth in subsection (a).
(2) GRANT ELIGIBILITY.—A coastal community
shall be an eligible coastal community under para-
graph (1) if the Secretary determines that the com-
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munity meets the criteria issued under paragraph
(3).
(3) ELIGIBILITY
CRITERIA.—The Secretary
shall issue guidelines and criteria for determining
whether a coastal community is an eligible coastal
community under paragraph (1).
(c) AUTHORIZATION
OF
APPROPRIATIONS.—For
grants under subsection (b) there are authorized to be ap-
propriated to the Secretary $2,000,000 for each of fiscal
years 1995, 1996, and 1997.
SEC. 6. MULTISPECIES AQUACULTURE CENTER.
(a) ESTABLISHMENT OF CENTER.—The Secretary of
Commerce may establish in southern New Jersey, a
Multispecies Aquaculture Center (in this section referred
to as the ‘‘Center’’).
(b) FUNCTIONS OF CENTER.—The Center shall pro-
mote the development of the aquaculture industry through
a variety of activities, including by—
(1) serving as a demonstration facility for tech-
nology transfer and the commercialization of aqua-
culture research; and
(2) providing extension services to aquaculture
producers, including with respect to production di-
versification, disease control, water quality mainte-
nance, and product marketing.
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(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of Com-
merce for establishment and operation of the Center
$4,500,000 for fiscal years 1995, 1996, and 1997.
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