(1) issue rules for the grant program under 
subsection (d) that enable the public to understand 
the administration of the grant program, including 
the process for application, submission of materials, 
and awarding of grants; 
(2) utilize and regularly incorporate the infor-
mation gathered from the research program to guide 
Federal permitting and rulemaking decisions relat-
ing to offshore aquaculture, with an adaptive man-
agement approach; and 
(3) make the findings of the research and devel-
opment program available to the public. 
(f) COORDINATION WITH OTHER FEDERAL PRO-
GRAMS.—The Secretary shall coordinate the research pro-
gram with other Federal programs that provide grant 
funding for purposes similar to that described in this sec-
tion, such as grants administered by the National Insti-
tute of Science and Technology and its Advanced Tech-
nology Program. 
(g) PERMIT MODIFICATION.—The Secretary shall re-
vise permits to accommodate research conducted on or 
near offshore aquaculture facilities permitted under sec-
tion 5. 
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SEC. 8. COMPATIBILITY WITH OTHER USES; STATE INPUT. 
(a) CONSULTATION.—The Secretary shall consult, as 
appropriate, with other Federal agencies and coastal 
States to ensure that offshore aquaculture for which per-
mits are issued under this Act is compatible with the use 
of the exclusive economic zone for navigation, resource 
protection, recreation, fisheries, national defense (includ-
ing military readiness), mineral exploration and develop-
ment, and other activities. 
(b) PERMITS
FOR
REGULATED
SPECIES
AND 
AREAS.— 
(1) IN GENERAL.—The Secretary may not issue 
a permit under this Act authorizing a person to 
propagate or rear a species of a fishery for which 
there is in effect a fishery management plan under 
the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), or to 
propagate or rear any species in an area that is 
within the jurisdiction of a Regional Fishery Man-
agement Council, unless all Regional Fishery Man-
agement Councils that have authority under such 
Act to issue such a plan for that fishery or that have 
jurisdiction over that area, respectively, have rec-
ommended approval of issuance of the permit. 
(2) ENSURING
FISHING
ACCESS.—The Sec-
retary, in consultation with Regional Fishery Man-
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agement Councils, shall ensure that offshore aqua-
culture permits under this Act do not interfere with 
access to commercial and recreational fish stocks. 
(c) STATE INPUT.— 
(1) NOTICE TO STATE.—The Secretary— 
(A) shall promptly provide to a coastal 
State notice of the receipt by the Secretary of 
any application for a permit under this Act for 
any new offshore aquaculture facility to be lo-
cated within 12 miles of the coastline of that 
coastal State; and 
(B) shall not issue such permit before the 
end of the 90-day period beginning on the date 
the Secretary provides such notice. 
(2) STATE OPT-OUT.— 
(A) SUBMISSION OF LIST.—A coastal State 
may submit to the Secretary a list of locations, 
species, or categories of species (such as finfish 
or shellfish) for which the coastal State opposes 
the conduct of offshore aquaculture, by no later 
than 180 days after the regional programmatic 
environmental impact statements under section 
4 are published. 
(B) SUBSEQUENT
SUBMISSION
OR
REVI-
SION.—A coastal State may submit a list under 
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subparagraph (A), or revise or revoke such a 
list previously submitted, within 90 days after 
the review of a regional environmental impact 
statement under section 4(e) is published. 
(C) PROHIBITION ON PERMITS.—The Sec-
retary may not issue or renew any permit under 
this Act authorizing offshore aquaculture in any 
location, or of any species, or category of spe-
cies, that is included in a list submitted under 
subparagraph (A) by the nearest coastal State 
with respect to that facility. 
(d) INTEGRATION WITH OTHER FEDERAL PLAN-
NING.—The Secretary shall integrate the permitting of 
offshore aquaculture under this Act with other Federal re-
gional marine spatial planning that has as its purpose eco-
system-based management of United States marine wa-
ters. 
SEC. 9. RELATIONSHIP TO OTHER LAWS. 
(a) MAGNUSON-STEVENS FISHERY CONSERVATION 
AND MANAGEMENT ACT.—Notwithstanding the definition 
of ‘‘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 accord-
ance with permits issued under this Act shall not be con-
sidered fishing for purposes of that Act, and no Regional 
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Fishery Management Council may issue any permit au-
thorizing offshore aquaculture. The Secretary shall ensure 
that offshore aquaculture does not interfere with conserva-
tion and management measures promulgated under the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.). 
(b) ACTIONS AFFECTING THE OUTER CONTINENTAL 
SHELF.— 
(1) CONCURRENCE OF SECRETARY OF THE IN-
TERIOR REQUIRED.—The Secretary must obtain the 
concurrence of the Secretary of the Interior before 
issuing any permit under this Act for offshore aqua-
culture facilities located— 
(A) on any lease, right-of-use and ease-
ments, or right-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 for 
which a permit has been issued, or for which a 
plan has been approved, under that Act. 
(2) PRIOR
CONSENT
REQUIRED.—The Sec-
retary may not issue any permit under this Act au-
thorizing offshore aquaculture on any lease, right-of 
use and easements, or right-of-way referred to in 
paragraph (1)(A) without the prior consent of the 
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