I 
115TH CONGRESS 
2D SESSION 
H. R. 6966 
To establish a regulatory system for marine aquaculture in the United States 
exclusive economic zone, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2018 
Mr. PALAZZO (for himself and Mr. PETERSON) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a regulatory system for marine 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 
‘‘Advancing the Quality and Understanding of American 
Aquaculture Act’’ or the ‘‘AQUAA Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
Sec. 4. Office of Marine Aquaculture. 
Sec. 5. Administration. 
Sec. 6. Offshore aquaculture permits. 
Sec. 7. Restrictions on offshore aquaculture activities. 
Sec. 8. Recordkeeping and access to information. 
Sec. 9. Programmatic environmental impact statements. 
Sec. 10. Environmental and management standards. 
Sec. 11. Research and development grant program. 
Sec. 12. Enforcement. 
Sec. 13. Authorization of appropriations. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) There is increasing interest within the 
United States in developing commercial marine 
aquaculture, in order to provide nutritious, sustain-
able seafood for domestic consumption and export to 
global markets. 
(2) There is a need for a Federal program in 
the United States that specifically provides a com-
prehensive, nationwide permitting system for, or 
management of, marine aquaculture facilities in the 
exclusive economic zone. 
(3) Regulatory certainty and security of tenure 
are needed to make business investment decisions 
about marine aquaculture. 
(4) Potential economic, environmental, and so-
cial benefits can be derived from marine aquaculture 
technologies. To balance those benefits against con-
cerns about environmental and socioeconomic im-
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
pacts, additional research and development is needed 
to adequately assess the potential for adverse im-
pacts on the environment and coastal communities, 
to develop tools and practices for proper siting and 
operation of marine aquaculture facilities, and to en-
sure that those impacts, if any, can be mitigated 
through improvements of marine aquaculture tech-
nologies. 
(5) The United States is the leading global net 
importer of fish and fishery products, with over 90 
percent of the seafood consumed in the United 
States, by value, imported from other countries, 
about 50 percent of which is derived from aqua-
culture. The United States, as a result, runs a sub-
stantial trade deficit in seafood. 
(6) Increasing the overall effectiveness and pro-
ductivity of Federal aquaculture research, technology 
transfer, and assistance programs is coordinated by 
the Interagency Working Group on Aquaculture (re-
ferred to in this section as ‘‘IWGA’’ and formerly 
known as the Joint Subcommittee on Aquaculture), 
which was created by Congress in the National 
Aquaculture Act of 1980 (Public Law 96–362). The 
IWGA is chaired by the Department of Agriculture, 
with vice-chairs from the Department of Commerce 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
and the Department of the Interior, and reports to 
the Committee on Science of the National Science 
and Technology Council. The IWGA addresses issues 
of national scope and importance and may form na-
tional task forces or special projects to facilitate a 
coordinated, systematic approach to addressing crit-
ical issues and needs. 
(7) As affirmed by Congress in the National 
Aquaculture Act of 1980 (Public Law 96–362), ma-
rine aquaculture conducted in Federal waters is in 
the public interest. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to support the development of a sustainable 
marine aquaculture industry in the United States; 
(2) to safeguard the marine environment, wild 
fish stocks, and our coastal communities; 
(3) to support research and technology develop-
ment to further these goals; 
(4) to provide new jobs and to support existing 
jobs within the seafood industry of the United 
States, including jobs for traditional fishing industry 
partners; and 
(5) to reduce the United States seafood trade 
deficit by expanding the domestic supply of seafood 
through the production of marine aquaculture. 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COASTAL STATE.—Except as otherwise spe-
cifically provided, the term ‘‘coastal State’’ has the 
meaning given the term ‘‘coastal state’’ in section 
304(4) of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1453(4)). 
(2) CULTURED SPECIES.—The term ‘‘cultured 
species’’ means— 
(A) 
any 
finfish, 
mollusk, 
crustacean, 
aquatic plant, alga, echinoderm, zooplankton, 
diadromous species, or other marine species 
propagated and reared for marine aquaculture, 
excluding marine mammals and birds; or 
(B) a natural set of mussels or other spe-
cies described in subparagraph (A) that provide 
seed for certain types of aquaculture practices, 
such as rope culture for mussels. 
(3) EXCLUSIVE ECONOMIC ZONE.— 
(A) IN GENERAL.—Unless otherwise speci-
fied by the President in the public interest in 
a writing published in the Federal Register, the 
term ‘‘exclusive economic zone’’ means 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 es-
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
tablished by a maritime boundary treaty in 
force or being provisionally applied by the 
United States or, in the absence of such a trea-
ty, where the distance between the United 
States and another country is less than 400 
nautical miles, a line equidistant between the 
United States and the other country). 
(B) INNER BOUNDARY.—Without affecting 
any Presidential proclamation with regard to 
the establishment of the United States terri-
torial sea or exclusive economic zone, the inner 
boundary of the exclusive economic zone is— 
(i) in the case of the coastal States, a 
line coterminous with the seaward bound-
ary of each such State, as described in sec-
tion 4 of the Submerged Lands Act (43 
U.S.C. 1312); 
(ii) in the case of Puerto Rico, a line 
3 marine leagues from the coastline of 
Puerto Rico; 
(iii) in the case of American Samoa, 
the Virgin Islands, and Guam, a line 3 ge-
ographic miles from the coastlines of 
American Samoa, the Virgin Islands, or 
Guam, respectively; 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(iv) in the case of the Commonwealth 
of the Northern Mariana Islands— 
(I) the coastline of the Common-
wealth of the Northern Mariana Is-
lands, until the Commonwealth of the 
Northern Mariana Islands is granted 
authority by the United States to reg-
ulate all fishing to a line seaward of 
its coastline; and 
(II) upon the United States 
grant of such authority, the line es-
tablished by such grant of authority; 
or 
(v) for any possession of the United 
States not under clause (ii), (iii), or (iv), 
the coastline of such possession. 
(C) CONSTRUCTION.—Nothing in this defi-
nition may be construed to diminish the author-
ity of the Department of Defense, the Depart-
ment of the Interior, or any other Federal de-
partment 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 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
pursuant to the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.). 
(5) MARINE AQUACULTURE.—The term ‘‘ma-
rine aquaculture’’ means any activity involved in the 
propagation, rearing, or attempted propagation or 
rearing, of cultured species in saltwater or brackish 
water conditions in the exclusive economic zone, 
State waters, coastal waters, estuaries, or land-based 
facilities, including recirculating saltwater facilities 
directly supporting such activities. 
(6) OFFSHORE AQUACULTURE.—The term ‘‘off-
shore aquaculture’’ means any activities involved in 
the propagation, rearing, or attempted propagation 
or rearing, of cultured species in the exclusive eco-
nomic 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, water column, 
or the sediment used for offshore aquaculture. 
(8) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Commerce, acting through the Under Sec-
retary of Commerce for Oceans and Atmosphere. 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
SEC. 4. OFFICE OF MARINE AQUACULTURE. 
(a) OFFICE OF MARINE AQUACULTURE.—The Sec-
retary shall establish and provide resources to an Office 
of Marine Aquaculture within the National Marine Fish-
eries Service at the National Oceanic and Atmospheric Ad-
ministration headquarters, including presence in each of 
the regional fisheries offices of the National Oceanic and 
Atmospheric Administration. 
(b) DUTIES.—The Office of Marine Aquaculture 
shall— 
(1) coordinate regulatory, scientific, outreach, 
and international issues related to aquaculture with-
in the National Oceanic and Atmospheric Adminis-
tration; 
(2) coordinate the National Oceanic and Atmos-
pheric Administration’s aquaculture activities, in col-
laboration with the Office of Oceanic and Atmos-
pheric Research and the National Ocean Service; 
(3) support existing aquaculture outreach, edu-
cation, extension services, and training efforts, such 
as those from the National Sea Grant College Pro-
gram and the National Oceanic and Atmospheric 
Administration Regional Aquaculture Coordinators; 
(4) provide opportunities for engagement with 
owners and operators of offshore aquaculture facili-
ties, fishery management councils, conservation or-
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
ganizations, fisheries associations, State govern-
ments, and other interested stakeholders; 
(5) administer the research and development 
grant program under section 11; 
(6) organize through each regional fisheries of-
fice a network of regional experts and Federal agen-
cy contacts, in coordination with relevant organiza-
tions (including the National Sea Grant College Pro-
gram, the Department of Agriculture Regional 
Aquaculture Centers, land-grant universities, and 
the Cooperative Extension System of the Depart-
ment of Agriculture) to provide technical expertise 
and extension services on marine aquaculture and 
information on Federal permit requirements; 
(7) maintain supporting aquaculture divisions 
in each of the regional fisheries offices of the Na-
tional Oceanic and Atmospheric Administration; and 
(8) administer at least 1 Administration Re-
gional Aquaculture Coordinator in each of the 6 Na-
tional Marine Fisheries regions, which shall be lo-
cated at a regional office in the respective region. 
(c) AQUACULTURE SUBCOMMITTEE.—The Office of 
Marine Aquaculture shall coordinate its activities with the 
aquaculture advisory board of the Marine Fisheries Advi-
sory Committee. The Marine Fisheries Advisory Com-
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
mittee shall designate the ‘‘Aquaculture Subcommittee’’ as 
a permanent, standing committee to serve as an external 
board to advise the Secretary on aquaculture. The Aqua-
culture Subcommittee shall coordinate with the National 
Sea Grant Advisory Board, as appropriate. 
SEC. 5. ADMINISTRATION. 
(a) NOAA AUTHORITY.—The National Oceanic and 
Atmospheric Administration shall serve as the lead Fed-
eral agency for purposes of providing information on Fed-
eral permitting requirements for marine aquaculture in 
State and Federal waters. 
(b) DISCUSSION OF PROPOSED PROJECTS.—For off-
shore aquaculture, the National Oceanic and Atmospheric 
Administration shall arrange opportunities for prospective 
permit applicants to discuss proposed projects with other 
Federal agencies with Federal permit and review respon-
sibilities prior to submittal of a permit application, and 
coordinate the efficient application for permits and ap-
provals required by Federal agencies. Nothing in this sub-
section precludes an applicant from contacting other rel-
evant Federal agencies directly. 
(c) REGULATIONS.—The Secretary shall— 
(1) promulgate regulations, after consulting 
with relevant Federal agencies, coastal States, re-
gional fishery management councils, and tribal gov-
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
ernments (within the meaning of such term in Exec-
utive Order 13175 (65 Fed. Reg. 67249)) to imple-
ment this Act, including— 
(A) procedures to issue, modify, deny, re-
voke, or suspend an offshore aquaculture per-
mit; 
(B) procedures to coordinate the offshore 
aquaculture permitting process, with similar or 
complementary activities administered by other 
Federal agencies, tribal governments, and 
coastal States; 
(C) procedures to monitor and evaluate 
permit compliance; 
(D) procedures to transfer an offshore 
aquaculture permit from an original permit 
holder to a person that meets the requirements 
under section 6(a); 
(E) procedures to consider public-private 
partnerships; 
(F) procedures to minimize, as much as 
practicable, conflicts with existing uses in the 
exclusive economic zone; and 
(G) development of an offshore aqua-
culture permit that can be issued in accordance 
with the requirements of section 6; and 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(2) promulgate such additional regulations as 
are necessary and appropriate to carry out this Act. 
(d) AGREEMENTS.—The Secretary may enter into 
and perform such contracts, leases, or cooperative agree-
ments, and make and receive such grants or funds, as may 
be necessary to carry out this Act. 
(e) 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. 
(2) 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; 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(B) holds a category II veterinary accredi-
tation from the Animal and Plant Health In-
spection Service that includes completion of 
aquatic animal health modules of the Animal 
and Plant Health Inspection Service; and 
(C) has a valid veterinarian client-patient 
relationship with the facility in which he or she 
is practicing veterinary medicine. 
SEC. 6. OFFSHORE AQUACULTURE PERMITS. 
(a) IN GENERAL.—After the Secretary promulgates 
final regulations under section 5(c)(1), the Secretary may 
issue an offshore aquaculture permit if the Secretary de-
termines that— 
(1) the applicant has demonstrated that the off-
shore aquaculture facility will be— 
(A) maintained in good working order; and 
(B) operated and sited in a manner that 
minimizes adverse impacts on the marine envi-
ronment; 
(2) the proposed offshore aquaculture facility is 
consistent with national policy goals and objectives, 
including sustainable and healthy fisheries, maritime 
shipping, and environmental quality, consistent with 
section 10; and 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(3) issuance of the offshore aquaculture permit 
is not prohibited under section 7(b). 
(b) AUTHORIZED ACTIVITIES.—An offshore aqua-
culture permit holder— 
(1) shall be authorized to conduct offshore 
aquaculture consistent with this Act (including regu-
lations), other applicable provisions of law (including 
regulations), and any terms or conditions prescribed 
under subsection (d)(2); and 
(2) may raise specified cultured species in a 
specific offshore aquaculture facility within a speci-
fied area of the exclusive economic zone if the cul-
tured species is considered— 
(A) native to the region where the aqua-
culture facility is located; 
(B) sterile or otherwise not capable of pro-
ducing viable offspring; or 
(C) by the best available science, to be not 
likely to become invasive and cause undue harm 
to wild species, habitats, or ecosystems, or sup-
plement existing invasive populations, in the 
event of an escape. 
(c) PERMIT PROCEDURE.— 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(1) APPLICATION.—An applicant for a permit 
shall submit an application to the Secretary. The ap-
plication shall specify— 
(A) the proposed location of the offshore 
aquaculture facility; 
(B) the type of operation; 
(C) the cultured species, or a specified 
range of species, to be propagated or reared, or 
both, at the offshore aquaculture facility; 
(D) the ways in which the permit holder 
will address potential environmental impacts, 
including invasive species, pathogens, impacts 
on benthic habitat and water quality; 
(E) a plan to protect the health of the cul-
tured species described in subparagraph (C), in-
cluding a plan for responding to a disease out-
break; 
(F) such other design, construction, and 
operational information, as the Secretary may 
require, including measures to withstand sig-
nificant weather events that could damage or 
impact the offshore aquaculture facility and a 
contingency plan for responding to an escape of 
farmed fish of the proposed cultured species, 
from the offshore aquaculture facility, including 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
a response to a technical failure of the facility 
that presents a navigational hazard; 
(G) a plan for conducting necessary envi-
ronmental monitoring; and 
(H) a facility decommissioning plan. 
(2) NOTICE.—The Secretary shall provide pub-
lic notice and an opportunity for public comment for 
each offshore aquaculture permit application. To the 
extent practicable, the public notice for each permit 
application shall fulfill the public notice requirement 
for all Federal agencies under all applicable provi-
sions of law, and the response to public comment 
shall include all agency responses to all aspects of 
each facility or group of facilities. 
(3) DEADLINES FOR CONSIDERATION OF APPLI-
CATIONS
FOR
PERMITS.—Not later than 10 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. 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(4) ISSUANCE OR DEFERRAL.—Not later than 
30 days after the period for public comments on a 
completed application has concluded, the Secretary 
shall— 
(A) issue the permit, if the requirements 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and other appli-
cable law have been completed within such 
timeframe; or 
(B) defer the decision on the permit and 
provide to the applicant a notice— 
(i) that specifies any steps that the 
applicant could take for the permit to be 
issued; and 
(ii) a list of actions that need to be 
taken by the agency to complete compli-
ance with applicable law together with 
timelines and deadlines for completing 
such actions. 
(5) REQUIREMENTS FOR DEFERRED APPLICA-
TIONS.— 
(A) IN GENERAL.—If the Secretary pro-
vides notice under paragraph (4)(B), the appli-
cant shall have a period of 2 years from the 
date of receipt of the notice in which to com-
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
plete all requirements specified by the Sec-
retary, including providing information needed 
for compliance with the National Environmental 
Policy Act of 1969. 
(B) ISSUANCE OF DECISION ON PERMIT.— 
If the applicant completes the requirements 
within the period specified in subparagraph (A), 
the Secretary shall issue a decision on the per-
mit not later than 10 days after the date of 
completion of the requirements described in 
subparagraph (A), unless compliance with the 
National Environmental Policy Act of 1969 and 
other applicable law has not been completed 
within such timeframe. 
(C) DENIAL OF PERMIT.—If the applicant 
does not complete the requirements within the 
period specified in subparagraph (A) or if the 
applicant does not comply with applicable law, 
the Secretary shall deny the permit. 
(d) ELIGIBLE
APPLICANTS.—An offshore aqua-
culture permit holder shall be— 
(1) a citizen or permanent resident of the 
United States; or 
(2) a corporation, partnership, or other entity 
that— 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(A) is organized and existing under the 
laws of a State or the United States; and 
(B) is not State-owned or majority-con-
trolled by a State-owned enterprise. 
(e) DURATION.— 
(1) IN GENERAL.—An offshore aquaculture per-
mit shall have an initial 25-year duration, and may 
be renewed subject to the terms of this Act. 
(2) EXCEPTIONS.— 
(A) The Secretary shall develop the dura-
tion of an offshore aquaculture permit for a 
project involving pilot-scale testing or farm- 
scale research on aquaculture science and tech-
nologies. 
(B) The Secretary shall develop the dura-
tion of an offshore aquaculture permit subject 
to subsection (m)(1), in consultation with the 
Secretary of the Interior, except that the permit 
shall expire not later than the date that the les-
see or the lessee’s operator submits, to the Sec-
retary of the Interior, a final application for the 
decommissioning and removal of an existing fa-
cility upon which an offshore aquaculture facil-
ity is located. 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(f) RENEWAL.—An offshore aquaculture permit hold-
er may renew a permit for an additional 25-year period 
before the end of the original permit’s duration provided 
that the permit or amended permit complies with existing 
requirements. 
(g) REVOCATION.—The Secretary may, pursuant to 
regulations issued under this Act, revoke an offshore 
aquaculture permit if— 
(1) the permit holder fails to begin offshore 
aquaculture operations within 2 years from the date 
the required Federal permits are obtained; 
(2) there is a prolonged interruption of offshore 
aquaculture operations, unrelated to best manage-
ment practices such as fallowing, which the Sec-
retary may consider to be prolonged no sooner than 
2 years after the initial interruption; or 
(3) the permit holder repeatedly violates the 
conditions of the aquaculture permit and the Sec-
retary determines that such violations are severe 
enough to warrant discontinuation of operations. 
(h) EXPIRATION.—Not later than 1 year after the ex-
piration or termination of an offshore aquaculture permit, 
a permit holder shall— 
(1) remove all structures, gear, and other prop-
erty from the site; and 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(2) take such other measures to restore the site, 
as the Secretary considers necessary. 
(i) 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, to a marine species, or to the 
security of the United States and that requires suspen-
sion, modification, or revocation of an offshore aqua-
culture permit, the Secretary may suspend, modify, or re-
voke 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-revocation opportunity to be heard 
regarding the suspension, modification, or revocation. 
(j) FEES.— 
(1) ESTABLISHMENT.—The Secretary may es-
tablish, by regulation, application fees and annual 
permit fees. The fees shall be deposited as offsetting 
collections in the Operations, Research, and Facili-
ties account. Fees may be collected and made avail-
able to the extent provided in advance in appropria-
tion Acts. Such fees shall be set as an amount such 
that the total revenue from such fees does not ex-
ceed the amount required to cover the costs of man-
agement, data collection, analysis, inspection, and 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
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-
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 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 termination 
of an offshore aquaculture permit; and 
(C) the cost of site remediation for impacts 
arising from authorized activities. 
(k) MAGNUSON-STEVENS FISHERY CONSERVATION 
AND MANAGEMENT ACT.—Beginning on the effective date 
of the final regulations promulgated under section 5(c)(1), 
the conduct of offshore aquaculture that is in accordance 
with an offshore aquaculture permit issued under this Act 
shall not be considered fishing for purposes of the Magnu-
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
son-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.). 
(l) STATUTORY CONSTRUCTION.—An offshore aqua-
culture permit issued under this Act shall not supersede 
or substitute for any other authorization required under 
Federal or State laws (including regulations). 
(m) 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. 
(3) COMPLIANCE
REVIEW.—The Secretary of 
the Interior shall review and approve each agree-
ment between a prospective offshore aquaculture op-
erator and a lessee. The Secretary of the Interior 
shall ensure that the agreement is consistent with 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
the Federal lease terms, Department of the Interior 
regulations, and the Secretary of the Interior’s role 
in the protection of the marine environment, prop-
erty, and human life or health. An agreement under 
this subsection shall— 
(A) be part of the information reviewed 
under the Coastal Zone Management Act review 
process under paragraph (4); and 
(B) not be subject to a separate Coastal 
Zone Management Act review. 
(4) COORDINATED
COASTAL
ZONE
MANAGE-
MENT ACT REVIEW.— 
(A) 
STATE
REVIEW
UNDER
SECTION 
307(c)(3)(A) OF THE COASTAL ZONE MANAGE-
MENT ACT OF 1972.— 
(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-
shore aquaculture permit if the State si-
multaneously receives— 
(I) the information related to the 
modification or change; and 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(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— 
(aa) to the offshore aqua-
culture permit; and 
(bb) to any related modifica-
tion or change to a lessee’s plan 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
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) 
LESSEE’S
APPROVED
PLAN
DE-
FINED.—In this paragraph, the term ‘‘lessee’s 
approved plan’’ includes a document for which 
a consistency certification is required under ap-
plicable Federal regulations, such as a change 
to the approved plan for decommissioning a fa-
cility. 
(5) ADDITIONAL AUTHORITY.— 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(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, 
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; 
and 
(iv) 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.). 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
(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.). 
(n) PERMITTING HARMONIZATION.— 
(1) IN GENERAL.—In promulgating the regula-
tions required to implement this Act, the Secretary 
shall, to the maximum extent practicable, minimize 
duplication and harmonize timelines and require-
ments with other required Federal permits. Efforts 
under this subsection shall include coordinating 
timelines for permit application and review processes 
(including public notice and comment periods) and 
aligning information requests and reporting require-
ments for permit applicants and permit holders. 
(2) ENVIRONMENTAL ANALYSIS.—The National 
Oceanic and Atmospheric Administration, through 
the Office of Marine Aquaculture and associated di-
visions, shall be responsible for coordinating any en-
vironmental analysis or environmental impact state-
ment required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) by serv-
ing as the lead Federal agency for a single consoli-
dated environmental review for all applicable Federal 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
permits for an offshore aquaculture facility or group 
of facilities, with input from other Federal agencies 
as cooperating agencies under such Act. 
(3) COORDINATION
OF
PERMITTING
ACTIVI-
TIES.—To the extent practicable under this Act and 
all other applicable laws and regulations, Federal 
agencies with permitting requirements applicable to 
offshore aquaculture facilities shall coordinate all 
permitting activities with the Office of Marine Aqua-
culture. Such coordination shall include the fol-
lowing: 
(A) Coordinating permit requirements, per-
mit application and review procedures, and 
monitoring and reporting requirements, and 
eliminating duplicative requirements. 
(B) Aligning permit application and review 
timelines. 
(C) Participating as a cooperating agency 
in the preparation of any environmental anal-
ysis or environmental impact statement re-
quired under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) for an 
offshore aquaculture facility or facilities. 
(D) Contributing to the single request for 
public comment and the consolidated response 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
to public comment prepared pursuant to sub-
section (c)(2). 
(4) DELEGATION.—Unless otherwise prohibited, 
a Federal agency with regulatory authority for off-
shore aquaculture may delegate its authority to an-
other Federal agency. 
SEC. 7. RESTRICTIONS ON OFFSHORE AQUACULTURE AC-
TIVITIES. 
(a) IN GENERAL.—Except as provided in subsection 
(c), no person may engage in offshore aquaculture except 
in accordance with an offshore aquaculture permit— 
(1) issued under section 6; or 
(2) issued, before the date of enactment of this 
Act, under the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.). 
(b) STATES
WITH
CERTAIN
LAWS
REGARDING 
AQUACULTURE.—With respect to a coastal State that has 
in effect a law that bans or prohibits certain types of aqua-
culture, cultured species shall be permitted in the exclusive 
economic zone adjacent to such State consistent with the 
law of such State. 
(c) 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. 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS
SEC. 8. RECORDKEEPING AND ACCESS TO INFORMATION. 
(a) REGULATIONS.—The Secretary, after consulta-
tion with other interested Federal departments and agen-
cies, shall prescribe by regulation— 
(1) the records that a permit holder is required 
to establish and maintain; 
(2) the reports that a permit holder is required 
to make; 
(3) the information that a permit holder is re-
quired to provide, which shall include— 
(A) data regarding escape events; 
(B) the prevalence of disease in the off-
shore aquaculture facility, including a descrip-
tion of veterinary services provided for treat-
ment; and 
(C) other information, as the Secretary 
may require; and 
(4) any other recordkeeping that a permit hold-
er is required to satisfy, as necessary to carry out 
this Act. 
(b) GOVERNMENT ACCESS.—Any United States offi-
cial with an official responsibility for implementing and 
enforcing United States laws applicable to maritime fish-
ing, shipping, or conservation, shall have reasonable ac-
cess, at all times, to an offshore aquaculture facility for 
which a permit is issued under this Act (for the purpose 
VerDate Sep 11 2014 
01:41 Oct 06, 2018
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6966.IH
H6966
pbinns on DSK79D2C42PROD with BILLS