I 
111TH CONGRESS 
1ST SESSION H. R. 4363 
To establish a regulatory system and research program for sustainable off-
shore aquaculture in the United States exclusive economic zone, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2009 
Mrs. CAPPS introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To establish a regulatory system and research program for 
sustainable offshore aquaculture in the United States 
exclusive economic zone, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Sustainable Offshore Aquaculture Act of 
2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
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Sec. 3. NOAA Office; Advisory Board. 
Sec. 4. Regional programmatic environmental impact statements. 
Sec. 5. Offshore aquaculture permitting. 
Sec. 6. Fees. 
Sec. 7. Sustainable offshore aquaculture research program. 
Sec. 8. Compatibility with other uses; State input. 
Sec. 9. Relationship to other laws. 
Sec. 10. Unlawful activities. 
Sec. 11. Enforcement. 
Sec. 12. Natural resources damages assessment and liability. 
Sec. 13. Encouraging worldwide adherence to the aquaculture provisions of the 
Code of Conduct for Responsible Fisheries. 
Sec. 14. Definitions. 
SEC. 2. PURPOSES. 
The purposes of this Act are the following: 
(1) To establish a regulatory system for sus-
tainable offshore aquaculture in the United States 
exclusive economic zone. 
(2) To authorize the Secretary of Commerce to 
determine appropriate locations for, permit, regu-
late, monitor, and enforce offshore aquaculture in 
the exclusive economic zone. 
(3) To require the Secretary of Commerce to 
issue regulations for permitting of offshore aqua-
culture in the exclusive economic zone that prevent 
impacts on the marine ecosystem and fisheries or 
minimize such impacts to the extent they cannot be 
avoided. 
(4) To establish a research program to guide 
the precautionary development of offshore aqua-
culture in the exclusive economic zone that ensures 
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ecological sustainability and compatibility with 
healthy, functional ecosystems. 
SEC. 3. NOAA OFFICE; ADVISORY BOARD. 
(a) NOAA OFFICE.— 
(1) IN GENERAL.—The Secretary shall establish 
an Office of Sustainable Offshore Aquaculture with-
in the National Marine Fisheries Service at National 
Oceanic and Atmospheric Administration head-
quarters, and satellite offices of such office in each 
of the National Oceanic and Atmospheric Adminis-
tration’s regional fisheries offices. 
(2) DUTIES.—The Office shall be responsible 
for implementing this Act, and shall— 
(A) conduct the regional programmatic en-
vironmental impact studies under section 4; 
(B) implement the permitting and regu-
latory program under section 5; 
(C) administer the research program estab-
lished under section 7; 
(D) coordinate aquaculture and related 
issues within the National Oceanic and Atmos-
pheric Administration; 
(E) perform outreach, education, and 
training; 
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