(b) NATIONAL STANDARDS.—Any designation and 
establishment of an aquaculture opportunity area, any 
aquaculture management plan prepared, any regulation 
promulgated, and any permit granted, pursuant to this 
Act, shall— 
(1) encourage development of United States off-
shore aquaculture while remaining consistent with 
environmental requirements established by law; 
(2) be based on the best scientific information 
available, taking into account traditional knowledge; 
(3) be adaptive to offshore aquaculture develop-
ment, accounting for updates in technology and 
changes in environmental conditions; 
(4) prefer species that are native or historically 
naturalized to the region; and 
(5) prioritize the health of cultured species. 
(c) GUIDELINES.—The Secretary shall establish advi-
sory guidelines (which shall not have the force and effect 
of law), based on the national standards, to assist in the 
development of aquaculture management plans, and regu-
lations promulgated and permits granted pursuant to this 
title. 
(d) PERIODIC REVIEW.—The Secretary shall periodi-
cally review the advisory guidelines established under sub-
section (c), as needed, but not less often than once every 
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5 years, to determine whether changed circumstances, ad-
vances in science, or improved management practices war-
rant an amendment or update to the guidelines. 
SEC. 102. NATIONAL PLAN TO IDENTIFY AND DESIGNATE 
AQUACULTURE OPPORTUNITY AREAS. 
(a) RELATION TO CURRENT LAW.—Nothing in this 
section shall be construed in derogation of applicable law 
in effect on the date of enactment of this Act regulating 
or restricting the use of the exclusive economic zone, and 
the Secretary shall comply with all such applicable law 
when proposing, designating, and operating an aqua-
culture opportunity area under this section. In order to 
ensure that implementing regulations for applicable stat-
utes appropriately account for the unique considerations 
arising from offshore aquaculture, the Secretary shall 
comply with the following: 
(1) With respect to regulations administered by 
the Department of Commerce or National Oceanic 
and Atmospheric Administration, the Secretary shall 
review such regulations in accordance with this sub-
section and update any regulations as appropriate or 
necessary. 
(2) With respect to Federal regulations not ad-
ministered by the Department of Commerce or Na-
tional Oceanic and Atmospheric Administration, the 
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Secretary shall confer with appropriate officials to 
review such regulations in accordance with this sub-
section. After such review, the Agency that admin-
isters the regulations may, as appropriate or nec-
essary, update such regulations. 
(b) NATIONAL PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall, consistent with this section, develop a 
plan and timeline to systematically— 
(A) assess the exclusive economic zone; 
(B) prepare an inventory of sites suitable 
for aquaculture opportunity areas; and 
(C) 
designate 
aquaculture 
opportunity 
areas. 
(2) DESIGNATION.—The Secretary may des-
ignate an aquaculture opportunity area prior to com-
pletion of the entire inventory under paragraph 
(1)(B) for locations where the Secretary has com-
pleted the assessment under paragraph (1)(A) and 
developed an aquaculture management plan as re-
quired under subsection (f)(1). 
(c) ASSESSMENT
OF
THE EXCLUSIVE ECONOMIC 
ZONE; INVENTORY.—The Secretary shall conduct the as-
sessment and prepare the inventory described in sub-
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section (b) using relevant scientific, social, and economic 
data, and engagement with aquaculture stakeholders and 
the public as provided in subsection (e). In conducting the 
assessment, the Secretary may consider a cluster of loca-
tions in close proximity with similar conditions as a single 
inventory item, provided that each of the locations meets 
the criteria established in this section. Based on the fac-
tors listed in subsection (d) and the national standards 
in section 101, the Secretary shall make a determination 
based on the totality of the circumstances whether a site 
under consideration is suitable for sustainable offshore 
aquaculture. If the Secretary determines that a site is 
suitable, then the site shall be listed in the inventory, 
along with— 
(1) a description of the site, including its co-
ordinates and a map; 
(2) a thorough evaluation of each factor de-
scribed in subsection (d), and the Secretary’s find-
ings regarding each of those factors; and 
(3) an analysis of how these findings justify the 
Secretary’s determination that the site is suitable for 
sustainable offshore aquaculture. 
(d) FACTORS FOR ASSESSMENT.—In order to con-
duct the assessment in subsection (c), the Secretary shall 
consider the following factors: 
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(1) The oceanographic characteristics of the 
site. 
(2) The bathymetry and availability of areas for 
anchors, moorings, and other gear. 
(3) Current and possible future human uses of 
the site, and the areas in reasonable proximity to the 
site. 
(4) Current and possible future conservation 
uses of the site, and the areas in reasonable prox-
imity to the site. 
(5) Potential impacts to wild fisheries from the 
escape of cultured species, or from cultured species 
becoming invasive or hybridizing with wild stocks 
within the region. 
(6) Potential benefits from multi-trophic aqua-
culture, where cultured species provide ecosystem 
services to one another. 
(7) Availability of shore-side fishery infrastruc-
ture and other land-based support facilities to sup-
port offshore aquaculture operations. 
(8) Expected socioeconomic impacts from oper-
ations on adjacent coastal communities. 
(9) Other factors that the Secretary determines 
are appropriate. 
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(e) ENGAGEMENT.—In conducting the assessment 
and inventory under subsection (c), the Secretary shall 
conduct engagement with aquaculture stakeholders and 
the public as follows: 
(1) PUBLIC MEETINGS AND WORKSHOPS.—The 
Secretary shall conduct public meetings to inform in-
terested aquaculture stakeholders about the intent to 
include a site in the inventory, share information 
about the process, and solicit public feedback, in-
cluding written comments. In addition to public 
meetings, the Secretary may, consistent with the 
Federal Advisory Committee Act (5 U.S.C. App.), 
convene workshops of particular aquaculture stake-
holders or aquaculture stakeholder groups to provide 
insight, information, and comments to support the 
assessment and inventory process. 
(2) CONSULTATION WITH STATES, TRIBES, AND 
TERRITORIES.—The Secretary shall consult with 
States, federally recognized Indian Tribes, and terri-
tories adjacent to or within 100 miles of a site under 
consideration for the inventory. Such States, feder-
ally recognized Indian Tribes, and territories may 
submit comments to the Secretary, and the Sec-
retary shall consider such comments in the assess-
ment and inventory process. 
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(f) DESIGNATION AND ESTABLISHMENT OF AQUA-
CULTURE OPPORTUNITY AREA.— 
(1) IN GENERAL.—In order to designate and 
establish an aquaculture opportunity area, the Sec-
retary shall select a site from the inventory prepared 
under subsection (c), and develop an aquaculture 
management plan under section 201. In the event 
that the Secretary determines the site is not viable 
during the development of the aquaculture manage-
ment plan, the Secretary may abandon consideration 
of the site, and revise the inventory accordingly. 
(2) STATE
PETITION.—The Governor of any 
coastal State or territory, or a Tribal government in 
a fisheries management region under the Magnuson- 
Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.), may submit a request in 
writing to the Secretary to petition for locating an 
aquaculture opportunity area, or a group of aqua-
culture opportunity areas, in reasonable proximity to 
the location of the requesting State, territory, or 
Tribal government. The Secretary shall evaluate the 
petition and may designate an aquaculture oppor-
tunity area or group of aquaculture opportunity 
areas as provided in this section. 
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(3) INITIAL AND SUBSEQUENT ESTABLISHMENT 
OF AQUACULTURE OPPORTUNITY AREAS.—The Sec-
retary shall initially establish at least 2 aquaculture 
opportunity areas from the inventory developed 
under subsection (b) not later than 1 year after the 
date of enactment of this Act. Each year thereafter, 
the Secretary shall establish not less than 1 addi-
tional aquaculture opportunity area from the inven-
tory until all sites from the inventory have been con-
sidered. 
(4) ADJUSTMENT OF EXISTING AQUACULTURE 
OPPORTUNITY
AREAS.—The Secretary may adjust 
the dimensions of an established aquaculture oppor-
tunity area as necessary, while accounting for im-
pacts to operating aquaculture facilities, the state of 
science, the cost-benefit ratio of the adjustment, and 
comments from aquaculture stakeholders and the 
general public. 
(g) DEMONSTRATION PROJECTS.—In order to test 
the viability of sustainable offshore aquaculture in a site 
listed on the inventory, the Secretary may support dem-
onstration projects in an inventory site to assist in devel-
oping the required contents for an aquaculture manage-
ment plan. Such demonstration projects shall be carried 
out in a manner that is consistent with the national stand-
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ards in section 101. Demonstration projects may include 
multidisciplinary research to revive and adapt traditional 
aquaculture systems, such as open sea ponds, to support 
the needs of modern communities. 
(h) STUDY ON AQUACULTURE OPPORTUNITY AREAS 
IN STATE WATERS.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall conduct 
a study of the feasibility of allowing States to petition for 
aquaculture opportunity areas in their waters. The study 
shall include information and analysis on the benefits of 
aquaculture opportunity areas in State waters and identify 
barriers to implementation. 
(i) REGULATIONS.—The Secretary may promulgate 
regulations governing the process for implementing this 
section. 
(j) SPATIAL DATA.—To support the implementation 
of this section, the National Oceanic and Atmospheric Ad-
ministration shall collect and curate spatial data relevant 
to aquaculture and make such data publicly available, un-
less otherwise restricted by law. 
SEC. 103. AQUACULTURE OUTSIDE OF AN AQUACULTURE 
OPPORTUNITY AREA. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘site proponent’’ means a non-
governmental entity that assesses a site and develops 
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an aquaculture management plan for that site in ac-
cordance with subsection (c); and 
(2) the term ‘‘notice of intent’’ means a written 
document that communicates the site proponent’s in-
tention to develop an offshore aquaculture site, and 
includes the location, type of aquaculture, cultured 
species, and other information the Secretary re-
quires. 
(b) AQUACULTURE OUTSIDE OF AN AQUACULTURE 
OPPORTUNITY AREA.—Offshore aquaculture may be con-
ducted outside of an aquaculture opportunity area only as 
provided in this section. 
(c) PROCESS AND REGULATIONS.— 
(1) IN GENERAL.—The Secretary shall develop 
a process and promulgate regulations, consistent 
with this section, to allow a site proponent to, at its 
own expense— 
(A) assess sites smaller than an aqua-
culture opportunity area for offshore aqua-
culture in an exclusive economic zone; 
(B) develop aquaculture management plans 
for those sites; 
(C) submit a notice of intent and applica-
tion to the Secretary requesting approval to 
conduct aquaculture at the site; and 
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(D) apply for a permit under section 202. 
(2) PROCESS.—The process developed by the 
Secretary shall include— 
(A) the process for submitting a notice of 
intent, publishing the notice of intent, and solic-
iting comments under subsection (d); 
(B) the form of application to be used by 
the site proponent; 
(C) the required contents of the applica-
tion, including an analysis of the factors in sec-
tion 102(d) and the items in section 201(c); 
(D) a process for submitting the comments 
received under subsection (d), along with the 
disposition of each; and 
(E) a timeline for the Secretary’s consider-
ation and action on the application, which may 
be either to approve, deny, or request more in-
formation. 
(d) NOTICE OF INTENT.— 
(1) IN GENERAL.—The Secretary shall require 
each site proponent that is assessing a site under 
subsection (c)(1) to submit a notice of intent before 
developing an aquaculture management plan or sub-
mitting an application under this section. The Sec-
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retary, acting through the National Oceanic and At-
mospheric Administration, shall— 
(A) publish the notice of intent, together 
with information on the process under sub-
section (c)(2); 
(B) deliver the notice of intent, together 
with information on the process under sub-
section (c)(2), to— 
(i) States and federally recognized In-
dian Tribes within 100 miles of the pro-
posed site; and 
(ii) any local governments within 10 
miles of the proposed site; 
(C) convene meetings with aquaculture 
stakeholders and the public— 
(i) to solicit public comment, including 
written comments, to be shared with the 
site proponent; and 
(ii) including, at a minimum— 
(I) at least 1 public meeting for 
aquaculture stakeholders; and 
(II) meetings with State, local, 
and Tribal government representa-
tives; and 
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(D) consult with interested Federal agen-
cies. 
(2) COMMENTS.—States, federally recognized 
Indian Tribes, and local governments described in 
paragraph (1)(B) may submit comments on the no-
tice of intent to the Secretary, which shall be shared 
with the site proponent. 
(e) MANAGEMENT PLAN.—Each site proponent shall 
include all comments received under subsection (d) in the 
aquaculture management plan, along with a disposition of 
each. 
TITLE II—CORE ACTIVITIES 
SEC. 201. AQUACULTURE MANAGEMENT PLANS. 
(a) DEVELOPMENT AND ADOPTION.—In order to im-
plement this Act, the Secretary shall develop and adopt 
for aquaculture opportunity areas established under sec-
tion 102, or locations where multiple aquaculture oppor-
tunity areas may be suitable for establishment— 
(1) an aquaculture management plan; and 
(2) amendments to each such plan that are nec-
essary from time to time. 
(b) OVERLAPPING MANAGEMENT AREAS.—The Sec-
retary may use a single aquaculture management plan for 
multiple aquaculture opportunity areas where such areas 
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are within reasonable proximity to each other and suffi-
ciently similar. 
(c) ENGAGEMENT.—Prior to developing, adopting, or 
amending an aquaculture management plan under this 
section, the Secretary, acting through the National Oce-
anic and Atmospheric Administration, shall meet with 
aquaculture stakeholders and the public to solicit their 
comments, and consult with interested Federal agencies. 
Such comments shall be duly reported in an addendum 
to the aquaculture management plan, along with a disposi-
tion of each. At a minimum, meetings under this sub-
section shall include— 
(1) at least one public meeting for aquaculture 
stakeholders; and 
(2) meetings with State, local, and Tribal gov-
ernment representatives. 
(d) REQUIRED CONTENTS.—An aquaculture manage-
ment plan that is prepared by the Secretary under this 
title shall— 
(1) include information and analysis that the 
Secretary determines is appropriate to establish 
common reference points for conducting aquaculture 
in the aquaculture opportunity area; 
(2) specify parameters and guidance for con-
ducting aquaculture in the aquaculture opportunity 
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area, based on the information and analysis under 
paragraph (1), including— 
(A) the geographic boundaries of the aqua-
culture opportunity area; 
(B) the number of sites that each aqua-
culture opportunity area will support; 
(C) the species allowed for aquaculture in 
the aquaculture opportunity area; 
(D) standards for the structural integrity 
of aquaculture facilities to prevent the escape of 
cultured species; and 
(E) contingency plans that will be re-
quired, along with standards for such plans, for 
events including— 
(i) severe weather; 
(ii) escape of cultured species; 
(iii) situations affecting, or compro-
mising, the health of cultured species; and 
(iv) other contingencies the Secretary 
identifies; 
(3) describe how the Secretary will monitor as-
pects of aquaculture in the aquaculture opportunity 
area in order to support compliance with this Act, 
including— 
(A) escape of cultured species; 
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(B) situations affecting, or compromising, 
the health of cultured species; 
(C) the economic and commercial produc-
tivity of the aquaculture opportunity area; and 
(D) other matters the Secretary identifies; 
and 
(4) prescribe such other measures, require-
ments, or conditions and restrictions as are deter-
mined to be necessary and appropriate for imple-
mentation of this Act. 
(e) IMPLEMENTING REGULATIONS.—The Secretary 
shall develop and adopt regulations determined to be nec-
essary and appropriate to implement an aquaculture man-
agement plan or plan amendment developed under this 
section. 
(f) PERIODIC REVIEW.—The Secretary shall periodi-
cally review plans developed under subsection (a) as need-
ed, but not less often than once every 5 years, to deter-
mine whether changed circumstances, advances in science, 
or improved management practices warrant an amend-
ment or update to the plan. 
SEC. 202. OFFSHORE AQUACULTURE PERMITS. 
(a) IN GENERAL.—After the Secretary promulgates 
final regulations under section 404(a), the Secretary may 
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issue an offshore aquaculture permit if the Secretary de-
termines that— 
(1) the proposed offshore aquaculture facility, 
type of aquaculture operation, and cultured species 
are consistent with the purposes in section 2 and the 
national standards for sustainable offshore aqua-
culture in section 101; 
(2) the proposed offshore aquaculture facility, 
type of aquaculture operation, and cultured species 
are consistent with an established aquaculture man-
agement plan, or the permit applicant has provided 
the Secretary with sufficient information and anal-
ysis, such as would be included in an established 
aquaculture management plan, to merit issuance, if 
the permit is intended to be located outside of an 
aquaculture opportunity area; 
(3) the applicant is able to comply with this Act 
and any terms and conditions prescribed under sec-
tion 404(a), is financially responsible, and will oper-
ate the offshore aquaculture facility using the best 
practicable technology and maintain it in good work-
ing order; and 
(4) issuance of the offshore aquaculture permit 
is not prohibited under section 407. 
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(b) AUTHORIZED ACTIVITIES.—An offshore aqua-
culture permit holder shall be authorized to conduct off-
shore aquaculture consistent with— 
(1) this Act, including regulations promulgated 
to carry out this Act; 
(2) other applicable provisions of law, including 
regulations; and 
(3) any terms or conditions imposed by the Na-
tional Oceanic and Atmospheric Administration. 
(c) PERMIT PROCEDURE.— 
(1) APPLICATION.—An applicant for an off-
shore aquaculture permit shall submit an application 
to the Secretary. The application shall specify— 
(A) the proposed location of the offshore 
aquaculture facility and the location of on-shore 
facilities used for propagation or rearing of cul-
tured species, such as hatcheries or research op-
erations; 
(B) the type of aquaculture operations that 
will be conducted at all facilities described in 
subparagraph (A); 
(C) the cultured species, or a specified 
range of species, to be propagated or reared, or 
both, at the offshore aquaculture facility; 
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(D) the source of eggs, larvae, or juvenile 
cultured species that will be used in aquaculture 
operations, an analysis of the likely impacts on 
wild populations and habitats, such as preven-
tion of the spread of pathogens, and the infor-
mation upon which the assessment was made; 
(E) plans to respond to— 
(i) a natural disaster; 
(ii) an escapement; 
(iii) disease; and 
(iv) other circumstances designated by 
the Secretary; and 
(F) such other design, construction, and 
operational information as the Secretary may 
require to ensure the integrity of the applicant’s 
operations and contingency planning. 
(2) NOTICE.—Whenever the National Oceanic 
and Atmospheric Administration receives an offshore 
aquaculture permit application, the Secretary shall— 
(A) provide notice and a copy of the appli-
cation to the Governor of every State or terri-
tory adjacent to or within 100 miles of the pro-
posed site and to the federally recognized In-
dian Tribes within those States; and 
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(B) provide public notice and an oppor-
tunity for public comment for a period of not 
less than 60 days for each offshore aquaculture 
permit application. 
(3) COMMENTS AND CONSULTATION.—The Sec-
retary shall take any comments submitted by Gov-
ernors and the public into consideration, and shall 
consult with interested aquaculture stakeholders as 
warranted before making a final decision on the dis-
position of an offshore aquaculture permit applica-
tion. 
(4) DEADLINES FOR CONSIDERATION OF APPLI-
CATIONS
FOR
PERMITS.—Not later than 30 days 
after the date on which the Secretary receives an 
offshore aquaculture permit application, the Sec-
retary shall— 
(A) notify the applicant that the applica-
tion is complete; or 
(B) notify the applicant that information is 
missing and specify any information that is re-
quired to be submitted for the application to be 
complete. 
(5) ISSUANCE OR DEFERRAL.—Not later than 
90 days after the period for public comments on a 
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completed application has concluded, the Secretary 
shall— 
(A) issue the permit, if the application 
complies with the provisions of this Act, includ-
ing the national standards for sustainable off-
shore aquaculture in section 101, requirements 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and other appli-
cable law; 
(B) defer the decision on the permit, if the 
Secretary determines that the application can 
be improved to meet the requirements of para-
graph (1), and provide to the applicant a notice 
that specifies any steps that the applicant could 
take for the permit to be issued; or 
(C) deny the permit, providing a justifica-
tion for the Secretary’s determination that the 
application does not meet the requirements of 
paragraph (1), or any other applicable law, and 
that these issues cannot be remediated. 
(6) EXTENSION
OF
REVIEW.—The Secretary 
may extend the review period for an additional 90 
days if the Secretary determines that further time is 
needed to analyze the application. The Secretary 
may further extend the review period beyond the ex-
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tension provided in the preceding sentence if the 
Secretary determines that the Department of Com-
merce needs more time to comply with applicable 
Federal law, provided that the Secretary’s deter-
mination states the specific actions the Department 
must undertake, together with deadlines for com-
pleting such actions. 
(d) PERMIT REQUIREMENTS.— 
(1) IN GENERAL.—An offshore aquaculture per-
mit holder shall be— 
(A) a citizen or permanent resident of the 
United States; or 
(B) a corporation, partnership, or other 
entity that— 
(i) is organized and existing under the 
laws of the United States or a U.S. State; 
and 
(ii) is not owned by a foreign nation 
or majority-controlled by a foreign nation. 
(2) TERMS AND CONDITIONS.—Subject to sub-
section (n), the Secretary shall— 
(A) prescribe the terms and conditions that 
apply to each offshore aquaculture permit to 
achieve the national standards for sustainable 
offshore aquaculture in section 101, and an ap-
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plicable aquaculture management plan and im-
plementing regulations developed under section 
201; and 
(B) specify in each offshore aquaculture 
permit the duration, size, and location of the 
offshore aquaculture facility. 
(3) STATUTES
AND
REGULATIONS.—Offshore 
aquaculture permits are subject to this Act, regula-
tions promulgated pursuant thereto, and other stat-
utes and regulations in existence upon the effective 
date of the permit. When promulgating regulations, 
the Secretary shall indicate whether and to what ex-
tent the regulations apply to existing offshore aqua-
culture permits. 
(e) DURATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an offshore aquaculture permit shall have 
an initial 15-year duration, and may be renewed 
subject to the terms of this Act. 
(2) EXCEPTIONS.— 
(A) 
AQUACULTURE
OPPORTUNITY 
AREAS.—A permit issued for offshore aqua-
culture to be conducted in an aquaculture op-
portunity area as provided in section 102 shall 
have an initial 25-year duration. 
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(B) OUTER
CONTINENTAL
SHELF.—The 
Secretary shall develop the duration of an off-
shore aquaculture permit subject to subsection 
(o)(1), in consultation with the Secretary of the 
Interior, except that the permit shall expire not 
later than the date that the lessee or the les-
see’s operator submits, to the Secretary of the 
Interior, a final application for the decommis-
sioning and removal of an existing facility upon 
which an offshore aquaculture facility is lo-
cated. 
(f) TRANSFER.—A permit may be transferred as pro-
vided under this subsection, provided that the permit is 
still valid, and has not been amended due to emergency 
circumstances. To propose a transfer, a permittee shall 
submit an application to the Secretary, and the Secretary 
shall review and make a determination of whether to ap-
prove, deny, or request additional information not later 
than 60 days after the date of receipt of the application. 
The application shall include— 
(1) notice to the Secretary of the intention to 
transfer; 
(2) the reason for the transfer; 
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(3) the identity of the transferee, and whether 
the transferee holds, has held, or is applying for a 
permit under this Act; 
(4) the transferee’s assumption of responsi-
bility, coverage, and liability for activities performed 
under the permit, as of the effective date of the 
transfer; and 
(5) any additional information requested by the 
Secretary. 
(g) RENEWAL.—The Secretary may renew an off-
shore aquaculture permit that has not been revoked for 
an additional 15-year period, as provided in subsection (e), 
before the end of the original permit’s duration, if— 
(1) the permit or amended permit complies with 
existing requirements; 
(2) the permit holder has not been subject to 
sanctions under section 408 or committed a prohib-
ited act under such section; 
(3) the permit has not been modified because of 
emergency considerations; and 
(4) notice under subsection (c)(2) has been 
given. 
(h) REVOCATION.—The Secretary may, pursuant to 
regulations issued under this Act, revoke an offshore 
aquaculture permit, if— 
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(1) the permit holder commits a prohibited act 
under section 407; 
(2) the permit holder fails to begin offshore 
aquaculture operations within 2 years from the date 
the required Federal permits are obtained; or 
(3) there is an interruption of offshore aqua-
culture operations of at least 2 years in duration 
that is unrelated to best management practices. 
(i) EXPIRATION OR REVOCATION.—Not later than 1 
year after the expiration or revocation of an offshore aqua-
culture permit, a permit holder shall— 
(1) remove all structures, gear, and other prop-
erty from the offshore aquaculture facility site; and 
(2) take such other measures to restore the site, 
as the Secretary considers necessary. 
(j) EMERGENCY DETERMINATION.—If the Secretary 
determines that an emergency exists that poses a signifi-
cant risk to the safety of humans, to the marine environ-
ment, to cultured species, or to the security of the United 
States and that requires suspension, modification, or rev-
ocation of an offshore aquaculture permit, the Secretary 
may suspend, modify, or revoke the permit for such time 
as the Secretary determines is necessary to address the 
emergency. The Secretary shall afford the permit holder 
a prompt post-suspension, post-modification, or post-rev-
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ocation opportunity to be heard regarding the suspension, 
modification, or revocation. 
(k) FEES.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—The Secretary may es-
tablish, by regulation, application fees and an-
nual offshore aquaculture permit fees under 
this section. 
(B) DEPOSIT AND COLLECTION.—The fees 
described in subparagraph (A) shall be depos-
ited as offsetting collections in the operations, 
research, and facilities account of the National 
Oceanic and Atmospheric Administration. Fees 
may be collected and made available to the ex-
tent provided in advance in appropriation Acts. 
(C) SETTING
OF
FEES.—The fees de-
scribed in subparagraph (A) shall be set as an 
amount such that the total revenue from such 
fees does not exceed the amount required to 
cover the costs of management, data collection, 
analysis, annual inspection, and enforcement 
activities related to permits under this section. 
(2) WAIVERS.—The Secretary may waive, in 
whole or in part, any fee under this section if an off-
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shore aquaculture facility is used primarily for re-
search. 
(3) GUARANTEES.—The Secretary shall require 
a permit holder to post a bond or other form of fi-
nancial guarantee in an amount determined by the 
Secretary, to be reasonable and commensurate with 
the offshore aquaculture operation and as sufficient 
to cover, without duplication— 
(A) any unpaid fees; 
(B) the cost of removing an offshore aqua-
culture facility at the expiration or revocation of 
an offshore aquaculture permit; or 
(C) the cost of site remediation for impacts 
arising from authorized activities. 
(l) MAGNUSON-STEVENS FISHERY CONSERVATION 
AND MANAGEMENT ACT.—Beginning on the effective date 
of the final regulations promulgated under section 404, 
the conduct of offshore aquaculture that is in accordance 
with an offshore aquaculture permit issued under this sec-
tion shall not be considered fishing for purposes of the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.), but shall be considered 
a fishery under section 3 of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1362). 
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(m) COMPATIBILITY WITH OTHER USES.—Each 
Federal agency implementing this section, person subject 
to this section, and coastal State seeking to review a per-
mit application under this section shall comply with the 
applicable provisions of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1451 et seq.), including regulations 
promulgated to carry out such Act. 
(n) STATUTORY CONSTRUCTION.—An offshore aqua-
culture permit issued under this section shall not super-
sede or substitute for any other authorization required 
under Federal or State laws. 
(o) ACTIONS AFFECTING THE OUTER CONTINENTAL 
SHELF.— 
(1) NOTIFICATION OF SECRETARY OF THE IN-
TERIOR.—The Secretary shall notify the Secretary 
of the Interior for each application for an offshore 
aquaculture permit that is located on the outer con-
tinental shelf. 
(2) PRIOR CONSENT REQUIRED.—An offshore 
aquaculture facility may not be located on a lease, 
right-of-use and easement, or right-of-way author-
ized or permitted under the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) without the 
prior consent of any lessee and other owner of oper-
ating interest. 
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(3) COMPLIANCE
REVIEW.—The Secretary of 
the Interior shall review each agreement between a 
prospective offshore aquaculture operator and a les-
see. The Secretary of the Interior shall approve such 
agreement if it is consistent with the Federal lease 
terms, the Department of the Interior regulations, 
and the Secretary of the Interior’s role in the protec-
tion of the marine environment, property, and 
human life or health. An agreement under this sub-
section shall— 
(A) be part of the information reviewed 
under paragraph (4); and 
(B) not be subject to a separate Coastal 
Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.) review. 
(4) COORDINATED
COASTAL
ZONE
MANAGE-
MENT ACT REVIEW.— 
(A) STATE REVIEW.— 
(i) IN
GENERAL.—A coastal State’s 
review under the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1451 et seq.) 
shall include any modification or change to 
a lessee’s approved plan that results from, 
or is necessary for, the issuance of an off-
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shore aquaculture permit if the State si-
multaneously receives— 
(I) the information related to the 
modification or change; and 
(II) the offshore aquaculture per-
mit applicant’s consistency certifi-
cation. 
(ii) SIMULTANEOUS RECEIPT.—If the 
coastal State simultaneously receives the 
information related to a modification or 
change to a lessee’s approved plan and the 
offshore aquaculture permit applicant’s 
consistency certification, then— 
(I) a lessee shall not be required 
to submit a separate consistency cer-
tification for the modification or 
change under section 307(c)(3)(B) of 
the Coastal Zone Management Act of 
1972 (16 U.S.C. 1456(c)(3)(B)); and 
(II) the coastal State’s concur-
rence (or presumed concurrence) or 
objection to the consistency certifi-
cation for the offshore aquaculture 
permit under section 307(c)(3)(A) of 
such Act shall apply both— 
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(aa) to the offshore aqua-
culture permit; and 
(bb) to any related modifica-
tion or change to a lessee’s plan 
approved under the Outer Conti-
nental Shelf Lands Act (43 
U.S.C. 1331 et seq.). 
(B) STATE
REVIEW
UNDER
SECTION 
307(c)(3)(B) OF THE COASTAL ZONE MANAGE-
MENT
ACT
OF
1972.—To the extent that a 
coastal State is not authorized by section 
307(c)(3)(A) of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1456(c)(3)(A)) to re-
view an offshore aquaculture permit application 
submitted under this Act, then a modification 
or change to a lessee’s approved plan shall be 
subject to coastal State review under section 
307(c)(3)(B) of such Act if a consistency cer-
tification for the modification or change is re-
quired under applicable Federal regulations. 
(C) DEFINITIONS.—In this paragraph: 
(i) LESSEE’S APPROVED PLAN.—The 
term ‘‘lessee’s approved plan’’ includes a 
document for which a consistency certifi-
cation is required under applicable Federal 
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regulations, such as a change to the ap-
proved plan for decommissioning a facility. 
(ii) OFFSHORE AQUACULTURE PERMIT 
APPLICANT.—The term ‘‘offshore aqua-
culture permit applicant’’ means an appli-
cant for an offshore aquaculture permit 
under this section that— 
(I) will locate the proposed facil-
ity in an area that would require con-
sent from the lessee as described in 
paragraph (2); and 
(II) is required to submit a con-
sistency certification for its offshore 
aquaculture application under section 
307(c)(3)(A) of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 
1456(c)(3)(A)) to the coastal State. 
(iii) OFFSHORE
AQUACULTURE
PER-
MIT
APPLICATION.—The term ‘‘offshore 
aquaculture permit application’’ means an 
application for an offshore aquaculture 
permit under this section that will locate 
the proposed facility in an area that would 
require consent from the lessee as de-
scribed in paragraph (2). 
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(5) JOINT AND SEVERAL LIABILITY.—For off-
shore aquaculture located on a facility described 
under this subsection, a permit holder and each 
party that is or was a lessee of the lease on which 
the facility is located during the term of the offshore 
aquaculture permit shall be jointly and severally lia-
ble for the removal of any construction or modifica-
tion related to the offshore aquaculture operations if 
a bond or other form of financial guarantee under 
subsection (j)(3) for aquaculture operations is insuf-
ficient to cover those obligations. This paragraph 
shall not affect any obligation to decommission the 
facility under the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.). 
(6) ADDITIONAL AUTHORITY.— 
(A) IN GENERAL.—The Secretary of the 
Interior may, to carry out this subsection— 
(i) promulgate rules and regulations 
as necessary and appropriate; 
(ii) require and enforce any additional 
terms or conditions that the Secretary of 
the Interior considers necessary to ensure 
the compatibility of aquaculture operations 
with activities for which permits, author-
izations, leases, negotiated agreements, 
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right-of-way, or right-of-use and easement 
were issued under the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.); 
(iii) issue an order to an offshore 
aquaculture permit holder to take any ac-
tion the Secretary of the Interior considers 
necessary to ensure safe operations on the 
facility, and to protect the marine environ-
ment, property, or human life or health; 
(iv) require and enforce any additional 
terms or conditions that the Secretary of 
the Interior considers necessary— 
(I) to protect the marine environ-
ment, property, or human life or 
health; and 
(II) to ensure the compatibility of 
aquaculture operations with activities 
for which permits were issued under 
the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.); and 
(v) enforce all requirements contained 
in the regulations, lease terms and condi-
tions, and orders under the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et 
seq.). 
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(B) INTERPRETATION.—Failure to comply 
with any order issued under subparagraph 
(A)(iii) shall constitute a violation of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.). 
(p) ASSURANCE OF ANIMAL HEALTH.— 
(1) IN GENERAL.—Nothing in this section shall 
affect the authority of the Secretary of Agriculture 
to— 
(A) carry out the Animal Health Protec-
tion Act (7 U.S.C. 8301 et seq.) with respect to 
cultured species in the exclusive economic zone; 
or 
(B) operate as the lead Federal agency for 
providing animal health oversight for cultured 
species in the exclusive economic zone, including 
animal health and disease risk assessments. 
(2) CONTINGENCY PLANS.—As part of an appli-
cation for a permit for offshore aquaculture or as 
part of an aquaculture management plan established 
in section 201, the Secretary of Agriculture may ap-
prove contingency plans, along with standards for 
such plans, for events relating to situations affecting 
the health of cultured species. 
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(3) CRITERIA
FOR
PRACTICING
VETERINARY 
MEDICINE
IN
WATERS
OUTSIDE
STATE
JURISDIC-
TION.—A veterinarian may practice veterinary medi-
cine in waters outside State jurisdiction if the veteri-
narian— 
(A) is licensed and in good standing to 
practice veterinary medicine in any State; 
(B) holds a category II veterinary accredi-
tation from the Animal and Plant Health In-
spection Service; and 
(C) has a valid veterinarian client-patient 
relationship with the facility in which the indi-
vidual is practicing veterinary medicine. 
(q) SAVINGS CLAUSE.—Nothing in this Act shall su-
persede permit applications in process on the date of en-
actment of this Act or permits that are in place on the 
date of enactment of this Act. 
SEC. 203. RESEARCH AND DEVELOPMENT GRANT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary shall establish, in 
consultation with applicable Federal agencies, coastal 
States, federally recognized Indian Tribes, Regional Fish-
ery Management Councils, academic institutions, and in-
terested aquaculture stakeholders, a research and develop-
ment grant program to further the purposes of this Act. 
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In carrying out this subsection, the Secretary shall con-
sider using existing programs that leverage State and local 
partnerships and take advantage of the extramural re-
search community, including the National Sea Grant Col-
lege Program under the National Sea Grant College Pro-
gram Act (33 U.S.C. 1121 et seq.). 
(b) COMPONENTS.—The research and development 
grant program described in subsection (a) shall include re-
search conducted internally by the National Oceanic and 
Atmospheric Administration, and through the award of 
competitive, peer-reviewed grants to fund research and ex-
tension services— 
(1) to create innovative design and engineering 
solutions to common obstacles within the offshore 
aquaculture industry; 
(2) to enable the transition of innovative aqua-
culture technologies, including technologies focused 
on the commercialization of high-value marine spe-
cies, from controlled studies to commercial use; 
(3) to evaluate the role of genetics in relation 
to the development of improved lines of brood stock, 
disease resistance, and interactions between cultured 
species and wild stocks; 
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(4) to advance research into the management, 
mitigation, and prevention of cultured species dis-
eases; 
(5) to develop cost-effective feeds to optimize 
the sustainable use of protein and lipid sources origi-
nating from wild fish, plants, and other sources, 
maximize growth and production performance of cul-
tured species, prevent the spread of pathogens and 
parasites, and maintain the human health benefits of 
cultured seafood; 
(6) to improve techniques for monitoring, as-
sessing, and addressing environmental impacts of 
offshore aquaculture and develop and evaluate meth-
odologies to prevent, minimize, and mitigate poten-
tial adverse environmental impacts; 
(7) to evaluate the potential for offshore aqua-
culture to serve as a tool for environmental manage-
ment, including connections to water quality, water-
shed management, and fishery conservation and 
management; 
(8) to evaluate the potential impact of offshore 
aquaculture on the economies of coastal commu-
nities, particularly those dependent on traditional 
fishery resources; 
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(9) to identify barriers to entry in the offshore 
aquaculture industry and propose solutions to over-
come them; 
(10) to study the traditional aquaculture meth-
ods and practices of Native Americans, Alaska Na-
tives, and Native Hawaiians to evaluate economic, 
environmental, and sociological impacts; 
(11) to investigate other priority issues identi-
fied by the Secretary; and 
(12) to evaluate economic aspects of offshore 
aquaculture, including production costs and market 
development. 
(c) COORDINATION WITH OTHER FEDERAL PRO-
GRAMS.—The Secretary shall— 
(1) coordinate aquaculture research and devel-
opment intramural programs and grants within the 
Department of Commerce and with other Federal in-
tramural and extramural programs that provide 
grant funding for purposes similar to those under 
subsection (b), such as grants administered by the 
National Sea Grant College Program and the Na-
tional Institute of Standards and Technology; and 
(2) coordinate the research and development 
grant program established in this section with the 
interagency aquaculture coordinating group estab-
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lished under section 6 of the National Aquaculture 
Act of 1980 (16 U.S.C. 2805) and with the research 
and development conducted through the Cooperative 
Extension System of the Department of Agriculture. 
(d) COOPERATIVE
RESEARCH
AGREEMENT.—To 
carry out this section, the Secretary may enter into a coop-
erative agreement with a State, institution of higher edu-
cation, or other private institution or research center. 
SEC. 204. ECONOMIC SOUNDNESS. 
(a) IN GENERAL.—Section 53708 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(f) AQUACULTURE.—In making the findings under 
subsections (a) and (b), the Administrator and the Sec-
retary may take into account factors such as— 
‘‘(1) the transferability of an aquaculture per-
mit; 
‘‘(2) an assessment of the shore-side seafood 
economy where the borrower will be operating; and 
‘‘(3) the existence of a formal technical assist-
ance program administered by a governmental agen-
cy.’’. 
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