I 
112TH CONGRESS 
1ST SESSION H. R. 2373 
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 
JUNE 24, 2011 
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 
2011’’. 
(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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(F) provide opportunities for consultation 
among owners and operators of offshore aqua-
culture facilities, Regional Fishery Management 
Councils, nonprofit conservation organizations, 
and other interested stakeholders; 
(G) organize through each regional office a 
network of regional experts, in coordination 
with relevant organizations such as the Na-
tional Sea Grant College program and other 
academic institutions, to provide technical ex-
pertise on aquaculture; 
(H) maintain the database required by 
paragraph (3); and 
(I) perform such other functions as are 
necessary to carry out this Act. 
(3) DATABASE.—The Secretary shall establish 
and maintain within the Office an aquaculture data-
base, which shall include information on research, 
technologies, monitoring techniques, best manage-
ment practices, and recommendations of the Sus-
tainable Offshore Aquaculture Advisory Board estab-
lished under subsection (b). The Secretary shall 
make the database available to the general public in 
a manner that protects proprietary information of 
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owners and operators of offshore aquaculture facili-
ties. 
(b) ADVISORY BOARD.— 
(1) IN GENERAL.—The Office shall establish a 
Sustainable Offshore Aquaculture Advisory Board, 
the members of which shall be appointed by the Sec-
retary. 
(2) STRUCTURE.—The membership of the Advi-
sory Board shall include, at a minimum, representa-
tives from the National Marine Fisheries Service, 
the commercial and recreational fishing industries, 
State or local governments, the Coast Guard, non-
profit conservation organizations, members of aca-
demia with scientific or technical expertise in ocean 
and coastal matters, and representatives of the 
aquaculture industry. 
(3) APPOINTMENT AND TERMS.— 
(A) IN GENERAL.—Members of the Advi-
sory Board shall be appointed by the Secretary 
for a term of 2 years. 
(B) VACANCIES.—Whenever a vacancy oc-
curs, the Secretary shall appoint an individual 
representing the same interests or affiliation 
represented by the individual’s predecessor to 
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fill that vacancy for the remainder of the appli-
cable term. 
(4) CHAIRPERSON.—The Advisory Board shall 
have a chairperson, who shall be elected by the Advi-
sory Board from among its members. The chair-
person shall serve for a 2-year term. 
(5) DUTIES.—The Advisory Board shall— 
(A) meet at least once every six months; 
and 
(B) provide advice to the Secretary on all 
aspects of offshore aquaculture, including devel-
oping technologies, emerging risks, issues 
unique to each region, and priorities for re-
search authorized under section 7. 
(6) CONTINUING EXISTENCE.—Section 14(a)(2) 
of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the Advisory Board. 
SEC. 4. REGIONAL PROGRAMMATIC ENVIRONMENTAL IM-
PACT STATEMENTS. 
(a) IN GENERAL.—The Secretary shall issue for each 
region described in subsection (b) a regional programmatic 
environmental impact statement under section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332) regarding permitting of offshore aquaculture under 
this Act. 
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(b) REGIONS DESCRIBED.—The regions referred to 
in subsection (a) are each of the geographic regions for 
which a Regional Fishery Management Council is estab-
lished under section 302(a) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1852(a)). 
(c) IDENTIFICATION OF AREAS.—The Secretary shall 
include in the statement under subsection (a) for a region 
identification of— 
(1) areas of the region that are not appropriate 
locations for the conduct of offshore aquaculture; 
and 
(2) areas of the region that may be appropriate 
locations for the conduct of offshore aquaculture. 
(d) MATTERS TO BE CONSIDERED.—Each regional 
programmatic environmental impact statement shall in-
clude consideration of the following: 
(1) Appropriate areas for siting offshore aqua-
culture facilities and operations to avoid adverse im-
pacts, and to minimize any unavoidable impacts on 
user groups, public trust values, and the marine en-
vironment, including effects on commercial and rec-
reational fishing and other important ocean uses. 
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(2) Impacts on marine ecosystems, sensitive 
ocean and coastal habitats, and other plant and ani-
mal species, including— 
(A) the impacts of escaped fish on wild 
fish populations; 
(B) the impacts of interactions with ma-
rine mammals, marine wildlife, and birds; 
(C) the impacts of the use of chemical and 
biological products, pollutants, and nutrient 
wastes on the marine environment; and 
(D) effects of removal of forage fish for 
feed, fishmeal, and fish oil on marine eco-
systems. 
(3) Cumulative effects of a number of offshore 
aquaculture facilities on the ability of the marine en-
vironment to maintain preexisting flora and fauna. 
(4) Design of offshore aquaculture facilities and 
operations to avoid adverse environmental impacts, 
and to minimize any unavoidable impacts. 
(e) REVIEW
AND REVISION.—The Administrator 
shall review, revise, and publish in the Federal Register 
each regional programmatic environmental impact state-
ment under this section every 10 years, including by— 
(1) reviewing and revising, as appropriate, iden-
tifications of areas under subsection (c); and 
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(2) reassessing the analysis of each such identi-
fication, taking into account changes in environ-
mental conditions and information that has become 
available since the date of such identification. 
(f) PROGRAMMATIC EIS REQUIRED.—No permit may 
be issued under section 5 for an offshore aquaculture facil-
ity before the date of the issuance of all programmatic 
environmental impact statements under this section. 
(g) ENVIRONMENTAL REVIEW.—In addition to the 
requirement to issue regional programmatic environmental 
impact statements under this section, a separate environ-
mental review under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332) shall be con-
ducted for issuing permits under this Act. 
SEC. 5. OFFSHORE AQUACULTURE PERMITTING. 
(a) PERMITTING REQUIREMENT.— 
(1) IN GENERAL.—No person may engage in 
offshore aquaculture except as authorized by a per-
mit issued under this Act. 
(2) PERMITTING
AUTHORITY.—The Secretary 
may issue permits in accordance with this Act au-
thorizing a person to engage in offshore aquaculture. 
(3) EXISTING
AUTHORIZATIONS
NOT
EFFEC-
TIVE.—No permit or other authorization issued 
under any other Federal law before the date of the 
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enactment of this Act shall be construed as author-
izing activity for which a permit is required by this 
Act. 
(b) REGULATIONS.— 
(1) IN
GENERAL.—The Secretary shall issue 
regulations that govern the issuance of permits 
under this Act and the conduct of activities under 
such permits by not later than 180 days after the 
regional programmatic environmental impact state-
ments required under section 4 are completed. 
(2) PRIORITY
OF
METHOD.—The regulations 
shall— 
(A) to the extent feasible, establish numer-
ical standards for environmental performance 
under such permits; 
(B) to the extent such numerical standards 
are not feasible, establish narrative standards 
for such performance; and 
(C) to the extent such numerical standards 
and narrative standards are not feasible, re-
quire management practices, including imple-
mentation of best management practices for 
such performance. 
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(3) BEST
SCIENTIFIC
INFORMATION
AVAIL-
ABLE.—The regulations shall be based on the best 
scientific information available. 
(4) REVIEW OF REGULATIONS.—The Secretary 
shall review and revise the regulations under this 
section at the same time the Secretary conducts re-
views of regional programmatic environmental im-
pact statements under section 4(e). 
(c) APPLICATION.—The applicant for a permit under 
this section shall submit to the Secretary an application— 
(1) specifying— 
(A) the proposed location to be developed 
under the permit, including— 
(i) size; 
(ii) depth; 
(iii) water conditions, including cur-
rents; 
(iv) substrate; 
(v) preliminary habitat and ecological 
community assessment data; 
(vi) distribution and composition of 
species; 
(vii) proximity to other offshore aqua-
culture facilities; and 
(viii) proximity to other uses; 
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(B) the proposed operation to be developed 
under the permit; 
(C) the marine species to be propagated or 
reared, or both; and 
(D) design, construction, and operational 
information as may be specified in the regula-
tions under this section; 
(2) demonstrating that the location is sufficient 
to avoid or minimize adverse effects on resources 
and other resource users; and 
(3) containing such other information as may 
be required by the Secretary. 
(d) ELIGIBILITY.—A person shall not be eligible to 
apply for a permit under this section unless the person 
is an individual who is a resident of the United States 
or a corporation, partnership, or other entity organized 
and existing under the laws of a State or the United 
States. 
(e) PUBLIC NOTICE AND COMMENT.—The Secretary 
shall— 
(1) promptly publish public notice of each appli-
cation received by the Secretary for a permit under 
this section; 
(2) determine whether a permit application is 
complete within 30 days of receipt; and 
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(3) provide a period of at least 90 days after 
determining that the application is complete for the 
submission of public comment on the application. 
(f) CONSIDERATION BY SECRETARY.— 
(1) IN GENERAL.—Within 180 days after deter-
mining that a permit application under this section 
is complete and the applicant has satisfied all appli-
cable statutory and regulatory requirements, the 
Secretary shall issue or deny the permit. If the Sec-
retary is unable to issue or deny a permit within this 
time period, the Secretary shall provide written no-
tice to the applicant indicating the reasons for the 
delay and establishing a reasonable timeline for 
issuing or denying the permit. 
(2) CONSULTATION
NOT
AFFECTED.—Para-
graph (1) shall not be construed to affect the appli-
cation of any requirement under section 7 of the En-
dangered Species Act of 1973 (16 U.S.C. 1536) or 
any other Federal law. 
(g) PERMIT TERMS.— 
(1) EFFECTIVE PERIOD; RENEWAL.—A permit 
under this section— 
(A) shall be effective for an initial period 
of 10 years; and 
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(B) may be renewed by the Secretary for 
subsequent 10-year periods. 
(2) PERMITTEE’S RIGHT OF FIRST REFUSAL.— 
The Secretary may not issue a permit under this 
section to a person for an area that is subject to an-
other permit under this section held by another per-
son, unless— 
(A) the other person elects not to renew 
the other permit; or 
(B) the other permit expires or is termi-
nated by its terms. 
(3) TRANSFERABILITY.—A permit under this 
section shall be transferable to any person who is 
otherwise eligible for the permit. 
(h) PRIORITIZATION OF PERMITS.—The Secretary— 
(1) shall give priority to issuance of permits for 
activities to be conducted in an area that has been 
identified in a statement under section 4(c)(2) as an 
area that may be an appropriate location for the 
conduct of offshore aquaculture; 
(2) shall give priority to issuance of permits for 
activities to be conducted using technologies and 
practices that will substantially exceed compliance 
with the permit terms and conditions required under 
subsection (j); and 
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(3) may waive some or all of the requirements 
to pay a fee under section 6 with respect to a permit 
required to be given priority under paragraph (1) or 
(2). 
(i) ANNUAL REVIEW AND REPORTING.— 
(1) IN
GENERAL.—The Secretary shall con-
duct— 
(A) an annual review of compliance with 
permits under this Act by each permittee; and 
(B) announced and unannounced site in-
spections at locations of offshore aquaculture 
facilities operated under such permits. 
(2) REPORTING REQUIREMENTS.—With respect 
to activities under a permit under this section, the 
permittee shall report annually to the Secretary— 
(A) comprehensive data regarding escape 
events, including estimates of stocked and har-
vested fish and mortalities; 
(B) nutrient-loading data and community 
structure data to assess the impact of offshore 
aquaculture on the water column and the 
benthos; 
(C) prevalence and extent of disease and 
parasites; 
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(D) the use and amounts of antibiotics, 
pesticides, prescription drugs and nonprescrip-
tion drugs, and other chemical treatments; 
(E) sources of fish feed, including invoices, 
receipts, or bills of lading showing source of 
wild fish stock; and 
(F) other information, as required by the 
Secretary. 
(3) AVAILABILITY OF INFORMATION.—The Sec-
retary shall make all data reported by permittees 
publically available, subject to reasonable restrictions 
to protect proprietary information of owners and op-
erators of offshore aquaculture facilities. 
(4) ASSESSMENT
OF
REPORTED
DATA.—The 
Secretary shall conduct an independent assessment 
of all data reported by permittees to ensure permit 
compliance and identify potential cumulative impacts 
of offshore aquaculture. 
(j) PERMIT TERMS
AND CONDITIONS.—The Sec-
retary shall include in the terms and conditions of each 
permit under this Act the following: 
(1) BROODSTOCK MANAGEMENT AND FISH ES-
CAPES.— 
(A) Offshore aquaculture under such per-
mit shall be limited to species of a genotype na-
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tive to the geographic region of the offshore 
aquaculture facility or operations authorized by 
the permit. 
(B) Species of special concern or those of 
protected status under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) shall not 
be cultured for growout and harvest. 
(C) Genetically modified species shall not 
be cultured. 
(D) Native species shall be cultured in a 
manner that ensures fish escapes will not harm 
the genetics of local wild fish. Stocked fish shall 
be no further than two generations from the 
relevant wild stock, and shall not have been ex-
posed to intentional selective breeding. 
(E) All cultured fish shall be marked, 
tagged, or otherwise identified as belonging to 
the permittee in a manner determined appro-
priate by the Secretary, unless the Secretary 
determines that identifying cultured fish is un-
necessary for protecting wild fish stocks, the 
marine environment, or other ocean uses. 
(F) All facilities and operations shall be 
designed, operated, and shown to be effective at 
preventing the escape of cultured fish into the 
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marine environment and withstanding severe 
weather conditions and marine accidents. The 
permittee shall maintain records on all escapes. 
In the event of escapement, the number of es-
caped fish and the circumstances surrounding 
the incident shall be reported immediately to 
the Secretary. 
(G) Wild-caught fish shall not be contained 
in any research project under section 7 or off-
shore aquaculture facility permitted under this 
Act for the purposes of growing such fish to 
market size or mass, or with the intention of 
selling such fish. 
(2) DISEASE AND PATHOGEN PREVENTION.— 
The Secretary shall— 
(A) require offshore aquaculture facilities 
to be designed, located, and operated to prevent 
the incubation and spread of disease and patho-
gens and ecosystem impacts from disease and 
pathogen introduction; 
(B) prohibit the use, including the prophy-
lactic use, of antibiotics, pesticides, prescription 
and nonprescription drugs, or other chemical 
treatments; except that— 
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(i) such use may be allowed as nec-
essary to treat a diagnosed disease; and 
(ii) the use of vaccines may be al-
lowed; 
(C) require that if use of antibiotics, pes-
ticides, prescription or nonprescription drugs, 
or other chemical treatments is necessary to 
treat a diagnosed disease and multiple options 
for treatment of such disease exist— 
(i) the option with the least environ-
mental impact shall be used; and 
(ii) such use shall be minimized to the 
maximum extent practicable; 
(D) require that the use of antifouling 
paints on all offshore aquaculture facilities, ves-
sels, and in-water structures be minimized to 
the maximum extent practicable; and 
(E) prohibit the use of any antibiotic, pes-
ticide, prescription or nonprescription drug, or 
other chemical treatment for marine aqua-
culture except after consultation with the Com-
missioner of the Food and Drug Administra-
tion. 
(3) HABITAT AND ECOSYSTEM IMPACTS.—The 
Secretary— 
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(A) shall establish appropriate numerical 
limitations of nutrient inputs into the marine 
environment from offshore aquaculture facili-
ties— 
(i) in consultation with the Adminis-
trator of the Environmental Protection 
Agency; 
(ii) at a local or regional level as nec-
essary to protect the environment; and 
(iii) taking into account cumulative 
and secondary impacts of such inputs at 
the local and regional level from the expan-
sion of offshore aquaculture; and 
(B) shall require each permittee under this 
Act to prevent discharges of pollutants into 
ocean waters to the maximum extent prac-
ticable. 
(4) INTERACTIONS WITH AND IMPACTS ON MA-
RINE WILDLIFE.—The Secretary shall— 
(A) require each permittee under this Act 
to develop a comprehensive, integrated predator 
management plan that— 
(i) employs nonlethal deterrents as a 
primary course of action; and 
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(ii) contains measures to prevent en-
tanglement, 
migration 
disruption, 
and 
change in predator behavior, so as to not 
unreasonably disrupt wildlife or their use 
of critical marine habitat; and 
(B) prohibit permittees under this Act— 
(i) from using underwater acoustic de-
terrent devices of any kind; and 
(ii) from intentionally killing or seri-
ously injuring marine mammals and other 
predators of cultured fish, except if human 
safety is immediately threatened. 
(5) USE OF MARINE RESOURCES FOR FEEDS.— 
The Secretary shall— 
(A) prohibit the use under permits under 
this Act of wild fish as feed ingredients for off-
shore aquaculture unless— 
(i) they are sourced from populations 
with ecosystem-based management meas-
ures in place; and 
(ii) they are sourced from populations 
whose biomass is at or above maximum 
sustainable yield; 
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(B) require that use under such permits of 
fishmeal and fish oil derived from forage fish-
eries be minimized; 
(C) require that alternatives to fishmeal 
and fish oil, or fishmeal and fish oil made from 
fish byproducts be utilized under such permits 
to the maximum extent practicable; and 
(D) issue guidance that incorporates the 
results of the joint NOAA–USDA Alternative 
Feeds Initiative and other research efforts in-
vestigating alternative feed ingredients. 
(6) INTERACTIONS WITH FISHERIES.—The Sec-
retary shall minimize displacement of commercial 
and recreational fisherman and economic harm to 
fishing communities resulting from activities under 
permits under this Act. 
(7) SITING.—The Secretary shall prohibit siting 
of an offshore aquaculture facility under a permit 
under this Act— 
(A) in sensitive habitat, including any ma-
rine protected area, marine reserve, Habitat 
Area of Particular Concern, Special Manage-
ment Zone, or National Marine Sanctuary; 
(B) in an area that is identified in a re-
gional 
programmatic 
environmental 
impact 
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statement under section 4(c)(1) as an area that 
is not an appropriate location for the conduct 
of offshore aquaculture; or 
(C) on or attached to any portion of an oil 
or gas platform, including one that is no longer 
in service. 
(k) LIMITED RIGHT.—The Secretary shall not issue 
any permit under this Act that constitutes a property right 
for which compensation could be required under the Fifth 
Amendment to the Constitution. 
(l) LIMITATION
IN
THE PUBLIC INTEREST.—The 
Secretary shall not issue a permit under this Act for an 
offshore aquaculture project if the Secretary determines 
that denial of a permit for the project is in the public in-
terest. 
SEC. 6. FEES. 
(a) PERMIT FEES.— 
(1) IN GENERAL.—The Secretary shall estab-
lish, assess, and collect application fees and annual 
fees with respect to permits under this Act that are 
sufficient to pay the costs of issuance, monitoring, 
and enforcement of such permits. 
(2) DEPOSIT AND USE.—Such fees shall be de-
posited as offsetting collections in the Operations, 
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Research, and Facilities account of the Department 
of Commerce. 
(b) RESOURCE RENTAL FEES.— 
(1) IN GENERAL.—The Secretary shall estab-
lish, assess, and collect resource rental fees to re-
cover from permittees under this Act a reasonable 
portion of the value of the use under the permits of 
ocean resources held in public trust. 
(2) DEPOSIT AND USE.—Amounts received by 
the United States as fees under this subsection— 
(A) shall be deposited into a separate ac-
count in the Treasury, which shall be known as 
the Offshore Aquaculture Development and Re-
source Trust Fund; and 
(B) shall be available to the Secretary, 
subject to the availability of appropriations and 
review by the Offshore Aquaculture Advisory 
Board established under section 3(b), to en-
hance the research program under section 7. 
(c) FINANCIAL GUARANTEE.—The Secretary shall re-
quire each permittee under this Act to post a bond or 
other form of financial guarantee, in an amount to be de-
termined by the Secretary to be sufficient to cover any 
unpaid fees, the cost of removing an offshore aquaculture 
facility at the expiration or termination of offshore aqua-
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culture operations, and other financial risks as identified 
by the Secretary. 
SEC. 
7. 
SUSTAINABLE 
OFFSHORE 
AQUACULTURE 
RE-
SEARCH PROGRAM. 
(a) PURPOSE.—The purpose of this section is to es-
tablish a research program to— 
(1) inform how offshore aquaculture permitting 
and regulation can adopt a precautionary approach 
to industry expansion to ensure ecological sustain-
ability and compatibility with healthy, functional 
ecosystems and fisheries; and 
(2) develop cost-effective solutions to environ-
mental and socioeconomic impacts of offshore aqua-
culture. 
(b) ESTABLISHMENT OF PROGRAM.—The Secretary, 
in consultation with other Federal agencies, coastal 
States, Regional Fishery Management Councils, academic 
institutions, and other interested stakeholders, shall estab-
lish and conduct a research program to guide the sustain-
able development of offshore aquaculture. 
(c) TOPICS OF PROGRAM.—The Secretary, through 
the research program, shall— 
(1) identify environmental factors, aquaculture 
technologies, and practices that address the permit 
terms and conditions required under section 5(j); 
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(2) assess and mitigate the cumulative impacts 
of multiple offshore aquaculture facilities; 
(3) analyze potential socioeconomic impacts of 
offshore aquaculture on fisheries and communities 
that are dependent on such fisheries; 
(4) evaluate financial, public policy, and market 
incentives for sustainable development of offshore 
aquaculture; and 
(5) conduct or support research on other topics 
as considered appropriate by the Secretary to 
achieve the purpose of this section. 
(d) GRANT PROGRAM.— 
(1) IN
GENERAL.—The Secretary, subject to 
the availability of appropriations, shall establish a 
competitive, peer-reviewed grant program to support 
research related to the topics of the program under 
subsection (c). 
(2) ELIGIBILITY.—The Secretary, in consulta-
tion with the Offshore Aquaculture Advisory Board 
established under section 3, shall establish criteria 
for determining persons who are eligible for grants 
under this section. 
(e) TRANSPARENCY; USE OF RESULTS.—The Sec-
retary, in consultation with the Advisory Board, shall— 
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(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 
waters. 
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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lessee, its designated operator, and the owner of the 
facility concerned. 
(3) REVIEW OF LEASE, ETC., COMPLIANCE.— 
The Secretary of the Interior shall review and ap-
prove any agreement between a lessee, designated 
operator, and owner of a facility described in para-
graph (1) and a prospective offshore aquaculture fa-
cility operator to ensure that it is consistent with the 
Federal lease terms, Department of the Interior reg-
ulations, and the Secretary of the Interior’s role in 
the protection of the marine environment, property, 
or human life or health. An agreement under this 
subsection shall be part of the information reviewed 
pursuant to the Coastal Zone Management Act of 
1972 review process described in paragraph (4) and 
shall not be subject to a separate review under the 
Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.). 
(4) COORDINATED
COASTAL
ZONE
MANAGE-
MENT ACT OF 1972 REVIEW.— 
(A) REVIEW IF CONSISTENCY DETERMINA-
TION REQUIRED FOR PERMIT APPLICATIONS.— 
If the applicant for a permit under this Act for 
an offshore aquaculture facility that will utilize 
a facility described in paragraph (1) is required 
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to submit for its offshore aquaculture permit 
application under this Act a consistency certifi-
cation under section 307(c)(3)(A) of the Coast-
al Zone Management Act of 1972 (16 U.S.C. 
1456(c)(3)(A)) to a coastal State, the coastal 
State’s review under such Act and cor-
responding Federal regulations shall also in-
clude any modification to a lessee’s approved 
plan or other document for which a consistency 
certification would otherwise be required under 
applicable 
Federal 
regulations, 
including 
changes to its plan for decommissioning any fa-
cilities, resulting from or necessary for the 
issuance of the permit under this Act, if infor-
mation related to such modifications or changes 
is received by the coastal State at the time the 
coastal State receives the offshore aquaculture 
permit applicant’s consistency certification. If 
the information related to such modifications or 
changes is received by the coastal State at the 
time the coastal State receives the offshore 
aquaculture permit applicant’s consistency cer-
tification, a lessee is not required to submit a 
separate consistency certification for any such 
modification 
or 
change 
under 
section 
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307(c)(3)(B) of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1456(c)(3)(B)) and the 
coastal State’s concurrence or objection, or pre-
sumed concurrence, under section 307(c)(3)(A) 
of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1456(c)(3)(A)) in a consistency de-
termination for the offshore aquaculture permit, 
shall apply to both the offshore aquaculture 
permit and to any related modifications or 
changes to a lessee’s plan approved under the 
Outer Continental Shelf Lands Act. 
(B) REVIEW IF STATE IS NOT AUTHORIZED 
TO REVIEW PERMIT APPLICATION.—If a coastal 
State is not authorized by section 307(c)(3)(A) 
of the Coastal Zone Management Act (16 
U.S.C. 1456(c)(3)(A)) and corresponding Fed-
eral regulations to review an offshore aqua-
culture permit application submitted under this 
Act, then any modifications or changes to a les-
see’s approved plan or other document requir-
ing approval from the Department of the Inte-
rior, shall be subject to coastal State review 
pursuant to the requirements of section 
307(c)(3)(B) of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1456(c)(3)(B)), if a 
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consistency certification for those modifications 
or changes is required under applicable Federal 
regulations. 
(c) COASTAL ZONE MANAGEMENT ACT OF 1972.— 
(1) IN GENERAL.—This Act shall not affect the 
application of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.), and regulations pro-
mulgated thereunder, with respect to offshore aqua-
culture. 
(2) ASSISTANCE
TO
STATES.—The Secretary 
shall provide technical and, subject to the availability 
of appropriations, financial assistance to States to 
review and, if necessary, revise their management 
plans under that Act to address offshore aquaculture 
in State and Federal marine waters. 
(d) RESERVATION OF AUTHORITIES, ETC.—Nothing 
in this Act shall be construed to displace, supersede, or 
limit the jurisdiction, responsibilities, or authorities of any 
Federal or State agency, or Indian tribe or Alaska Native 
organization, under any Federal law or treaty. 
SEC. 10. UNLAWFUL ACTIVITIES. 
It is unlawful for any person— 
(1) to engage in offshore aquaculture, except in 
accordance with this Act and valid permits issued 
under this Act; 
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(2) to falsify any information required to be re-
ported, communicated, or recorded pursuant to this 
Act or any regulation or permit issued under this 
Act, or to fail to submit in a timely fashion any re-
quired information, or to fail to report to the Sec-
retary immediately any change in circumstances that 
has the effect of rendering any such information 
false, incomplete, or misleading; 
(3) to refuse to permit an authorized officer to 
conduct any lawful boarding, lawful search, or lawful 
inspection in connection with the enforcement of this 
Act or any regulation or permit issued under this 
Act; 
(4) to forcibly assault, resist, oppose, impede, 
intimidate, or interfere with an authorized officer in 
the conduct of any boarding, search, or inspection in 
connection with the enforcement of this Act or any 
regulation or permit issued under this Act; 
(5) to resist a lawful arrest or detention for any 
act prohibited by this section; 
(6) to interfere with, delay, or prevent, by any 
means, the apprehension, arrest, or detection of an-
other person, knowing that such person has com-
mitted any act prohibited by this section; 
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(7) upon the expiration or termination of any 
offshore aquaculture permit under this Act for any 
reason, to fail to remove all structures, gear, and 
other property from the site, or take other measures, 
as prescribed by the Secretary, to restore the site; 
(8) to violate any provision of this Act, any reg-
ulation promulgated under this Act, or any term or 
condition of any permit issued under this Act; or 
(9) to attempt to commit any act described in 
paragraph (1), (2), (7), or (8). 
SEC. 11. ENFORCEMENT. 
(a) DUTIES OF SECRETARIES.—This Act shall be en-
forced by the Secretary and the Secretary of the depart-
ment in which the Coast Guard is operating. 
(b) POWERS OF ENFORCEMENT.— 
(1) IN GENERAL.—Any officer who is author-
ized pursuant to subsection (a) by the Secretary or 
the Secretary of the department in which the Coast 
Guard is operating to enforce the provisions of this 
Act may— 
(A) with or without a warrant or other 
process— 
(i) arrest any person, if the officer has 
reasonable cause to believe that such per-
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son has committed or is committing an act 
prohibited by section 10; 
(ii) board, search, or inspect any off-
shore aquaculture facility and any related 
land-based facility; 
(iii) seize any offshore aquaculture fa-
cility (together with its equipment, records, 
furniture, 
appurtenances, 
stores, 
and 
cargo), and any vessel or vehicle, used or 
employed in aid of, or with respect to 
which it reasonably appears that such off-
shore aquaculture facility was used or em-
ployed in aid of, the violation of any provi-
sion of this Act or any regulation or permit 
issued under this Act; 
(iv) seize any marine species (wher-
ever found) retained, in any manner, in 
connection with or as a result of the com-
mission of any act prohibited by section 
10; and 
(v) seize any evidence related to any 
violation of any provision of this Act or 
any regulation or permit issued under this 
Act; 
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(B) execute any warrant or other process 
issued by any court of competent jurisdiction; 
and 
(C) exercise any other lawful authority. 
(2) ARRESTS, SUBPOENAS, AND WARRANTS.— 
(A) ARREST WITHOUT WARRANT.—Any of-
ficer who is authorized pursuant to subsection 
(a) of this section by the Secretary or the Sec-
retary of the department in which the Coast 
Guard is operating to enforce the provisions of 
this Act may make an arrest without a warrant 
for— 
(i) an offense against the United 
States committed in his or her presence; or 
(ii) a felony cognizable under the laws 
of the United States, if he has reasonable 
grounds to believe that the person to be ar-
rested has committed or is committing a 
felony. 
(B) SUBPOENAS
AND
WARRANTS.—Any 
such authorized officer may execute and serve 
a subpoena, arrest warrant, or search warrant 
issued in accordance with rule 41 of the Fed-
eral Rules of Criminal Procedure, or other war-
rant of civil or criminal process issued by any 
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officer or court of competent jurisdiction for en-
forcement of the Act, or any regulation or per-
mit issued under this Act. 
(c) ISSUANCE OF CITATIONS.—If any officer referred 
to in subsection (b)(2)(A) finds that a person who is the 
holder of a permit under this Act is engaging in or has 
engaged in offshore aquaculture in violation of any provi-
sion of this Act, such officer may issue a citation to that 
person for purposes of subsection (d)(1). 
(d) PERMIT SUSPENSION, MODIFICATION, OR REV-
OCATION.— 
(1) REPEATED
CITATION.—If the Secretary 
finds that a person is repeatedly cited under sub-
section (c) with respect to offshore aquaculture 
under a permit, the Secretary shall immediately sus-
pend or revoke the permit for which the citations 
were issued. 
(2) EMERGENCY.—If the Secretary determines 
that an emergency exists with respect to offshore 
aquaculture under a permit under this Act that 
poses a risk to the safety of humans, to the marine 
environment or marine species, or to the security of 
the United States, the Secretary shall immediately 
suspend, modify, or revoke the permit for such time 
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as the Secretary may determine necessary to address 
the emergency. 
(3) NEW
INFORMATION.—The Secretary may 
suspend, modify, or revoke a permit under this Act 
at any time if the Secretary determines, based on in-
formation obtained after the issuance of the permit 
(including information obtained under the research 
program under section 7), that the permit terms and 
conditions are no longer consistent with the terms of 
this Act. 
(4) OPPORTUNITY
TO
BE
HEARD.—The Sec-
retary shall afford the permit holder a prompt 
postsuspension, postmodification, or postrevocation 
opportunity to be heard regarding the suspension, 
modification, or revocation. 
(e) ENFORCEMENT
UNDER
MAGNUSON-STEVENS 
FISHERY CONSERVATION AND MANAGEMENT ACT.—For 
purposes of sections 308, 309, and 310 of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1858, 1859, 1860), a violation of this Act shall 
be treated as a violation of section 307(1) of that Act (16 
U.S.C. 1857(1)). 
(f) CITIZEN SUITS.— 
(1) IN GENERAL.— 
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(A) ACTIONS
AUTHORIZED.—Except as 
provided in paragraph (2), any person may 
commence a civil suit on his or her own be-
half— 
(i) to enjoin any person, including the 
United States and any other governmental 
instrumentality or agency (to the extent 
permitted by the Eleventh Amendment to 
the Constitution), who is alleged to be in 
violation of any provision of this Act, per-
mit, or regulation issued under the author-
ity thereof; or 
(ii) against the Secretary where there 
is alleged a failure of the Secretary to per-
form any act or duty under this Act that 
is not discretionary with the Secretary. 
(B) JURISDICTION.—The district courts 
shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the 
parties, to enforce any such provision or regula-
tion or to order the Secretary to perform such 
act or duty, as the case may be. 
(2) LIMITATIONS.— 
(A) ACTION TO ENJOIN.—No action may 
be commenced under paragraph (1)(A)(i)— 
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(i) prior to 60 days after written no-
tice of the violation has been given to the 
Secretary, and to any alleged violator of 
any such provision, permit, or regulation; 
(ii) if the Secretary has commenced 
action to impose a penalty pursuant to the 
other provisions of this Act; or 
(iii) if the United States has com-
menced and is diligently prosecuting a 
criminal action in a court of the United 
States or a State to redress a violation of 
any such provision, permit, or regulation. 
(B) ACTION AGAINST SECRETARY.—No ac-
tion may be commenced under paragraph 
(1)(A)(ii) prior to 60 days after written notice 
has been given to the Secretary. 
(3) VENUE.—Any suit under this subsection 
may be brought in the judicial district in which the 
violation occurs. 
(4) INTERVENTION BY ATTORNEY GENERAL.— 
In any such suit under this subsection in which the 
United States is not a party, the Attorney General, 
at the request of the Secretary, may intervene on be-
half of the United States as a matter of right. 
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(5) AWARD OF COSTS.—The court, in issuing 
any final order in any suit brought pursuant to 
paragraph (1), may award costs of litigation (includ-
ing reasonable attorney and expert witness fees) to 
any party, whenever the court determines such 
award is appropriate. 
(6) OTHER RIGHTS NOT AFFECTED.—The in-
junctive relief provided by this subsection shall not 
restrict any right that any person (or class of per-
sons) may have under any statute or common law to 
seek enforcement of any standard or limitation or to 
seek any other relief (including relief against the 
Secretary or a State agency). 
SEC. 12. NATURAL RESOURCES DAMAGES ASSESSMENT 
AND LIABILITY. 
(a) NATURAL RESOURCES DAMAGES ASSESSMENT.— 
The Secretary shall— 
(1) assess natural resource damages resulting 
from the conduct of offshore aquaculture other than 
as authorized under Federal or State law; and 
(2) carry out remediation of destruction or loss 
of, or injury to, natural resources resulting from 
such conduct and determined in such an assessment. 
(b) LIABILITY FOR DAMAGES.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), any person who conducts offshore aqua-
culture other than as authorized under Federal or 
State law shall be strictly liable to the United States 
for natural resources damages resulting from such 
offshore aquaculture that are assessed by the Sec-
retary under subsection (a). 
(2) LIMITATION.—A person is not liable under 
this section for natural resources damages if that 
person establishes that— 
(A) the destruction or loss of, or injury to, 
natural resources from which such damages 
arose was caused solely by an act of God, an 
act of war, or an act of omission of a third 
party, and the person acted with due care; 
(B) such destruction, loss, or injury was 
caused by an activity authorized by Federal or 
State law; or 
(C) such destruction, loss, or injury was 
negligible. 
SEC. 13. ENCOURAGING WORLDWIDE ADHERENCE TO THE 
AQUACULTURE PROVISIONS OF THE CODE 
OF CONDUCT FOR RESPONSIBLE FISHERIES. 
The Secretary shall— 
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(1) urge United Nations Food and Agriculture 
Organization to adopt a protocol to the Code of Con-
duct for Responsible Fisheries elaborating the need 
for, and ways to achieve, net seafood production 
from aquaculture; 
(2) work to ensure that international fisheries 
agreements recognize the importance of— 
(A) forage fish in marine ecosystem dy-
namics; and 
(B) fishery management that maintains 
the structure and function of marine food webs; 
(3) use bilateral economic and scientific rela-
tionships to encourage countries to manage their do-
mestic stocks of forage fish on an ecosystem basis; 
and 
(4) lead an international effort for the develop-
ment of a traceability system for distinguishing, 
identifying, and sourcing fishmeal and fish oil so 
that ecologically sustainable feeds are available and 
distinguishable to aquaculture. 
SEC. 14. DEFINITIONS. 
In this Act: 
(1) ADVISORY
BOARD.—The term ‘‘advisory 
board’’ means the Sustainable Offshore Aquaculture 
Advisory Board established under section 3(b). 
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(2) 
ANTIFOULING
PAINT.—The 
term 
‘‘antifouling paint’’ has the meaning that term has 
in section 3 of the Organotin Antifouling Paint Con-
trol Act of 1988 (33 U.S.C. 2402). 
(3) 
COASTAL
STATE.—The 
term 
‘‘coastal 
State’’ means— 
(A) a State of the United States in, or bor-
dering on, the Atlantic, Pacific, or Arctic 
Ocean, the Gulf of Mexico, or Long Island 
Sound; and 
(B) Puerto Rico, the Virgin Islands, 
Guam, the Commonwealth of the Northern 
Mariana Islands, the Trust Territories of the 
Pacific Islands, and American Samoa. 
(4) COASTLINE.—The term ‘‘coastline’’ means 
the line of ordinary low water along that portion of 
the coast that is in direct contact with the open sea 
and the line marking the seaward limit of inland 
waters. 
(5) 
DAMAGES.—The 
term 
‘‘damages’’ 
in-
cludes— 
(A) compensation for— 
(i) the cost of replacing, restoring, or 
acquiring natural resources that are equiv-
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alent to natural resources that are de-
stroyed, lost, or injured; or 
(ii) the value of natural resources that 
are destroyed, lost, or injured, if the nat-
ural resources cannot be restored or re-
placed or if the equivalent of such natural 
resources cannot be acquired; 
(B) the cost of a natural resource damage 
assessment under subsection 12(a); 
(C) the reasonable cost of monitoring ap-
propriate to injured, restored, or replaced nat-
ural resources; and 
(D) the cost of enforcement actions under-
taken by the Secretary in response to the de-
struction or loss of, or injury to natural re-
sources, including storage, care, and mainte-
nance of any marine species or other seized 
property. 
(6) EXCLUSIVE
ECONOMIC
ZONE.—The term 
‘‘exclusive economic zone’’ has the meaning that 
term has in the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801 et 
seq.). 
(7) FISH
BYPRODUCTS.—The term ‘‘fish by-
products’’— 
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(A) except as provided in subparagraph 
(B), means fish parts, including skin, head, 
viscera, and bone that result from the proc-
essing of either fish produced by aquaculture or 
wild-caught fish; and 
(B) does not include bycatch. 
(8) GENETICALLY
MODIFIED
SPECIES.—The 
term ‘‘genetically modified species’’ means an orga-
nism with genetic material that has been deliberately 
altered using genetic engineering technologies. 
(9) HABITAT
AREAS
OF
PARTICULAR
CON-
CERN.—The term ‘‘habitat area of particular con-
cern’’ means a habitat area that is ecologically vul-
nerable based on one or more of the following con-
siderations: 
(A) The importance of the ecological func-
tion provided by the habitat. 
(B) The extent to which the habitat is sen-
sitive to human-induced environmental degrada-
tion. 
(C) Whether, and to what extent, develop-
ment activities are, or will be, stressing the 
habitat type. 
(D) The rarity of the habitat type. 
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(10) MARINE
PROTECTED
AREA.—The term 
‘‘marine protected area’’ means any area of the ma-
rine environment that has been reserved by Federal, 
State, territorial, tribal, or local laws or regulations 
to provide lasting protection for part or all of the 
natural and cultural resources therein. 
(11) MARINE RESERVE.—The term ‘‘marine re-
serve’’ means a type of marine protected area where 
extractive uses are prohibited. 
(12) MARINE SPECIES.—The term ‘‘marine spe-
cies’’ means finfish, mollusks, crustaceans, marine 
algae, and all other forms of marine life, excluding 
marine mammals and birds. 
(13) NATIONAL
MARINE
SANCTUARY.—The 
term ‘‘national marine sanctuary’’ means any area 
designated as a national marine sanctuary for pur-
poses of the National Marine Sanctuaries Act (16 
U.S.C. 1431 et seq.). 
(14) NATURAL RESOURCE.—The term ‘‘natural 
resource’’ means land, fish, wildlife, biota, air, 
water, and other such resources belonging to, man-
aged by, held in trust by, appertaining to, or other-
wise controlled by the United States, any State or 
local government, or any Indian tribe. 
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(15) OFFICE.—The term ‘‘Office’’ means the 
Office of Sustainable Offshore Aquaculture estab-
lished under section 3(a). 
(16) OFFSHORE
AQUACULTURE.—The term 
‘‘offshore aquaculture’’ means all activities related 
to— 
(A) the placement of any installation, facil-
ity, or structure in the exclusive economic zone 
for the purposes of propagation and rearing, or 
attempted propagation and rearing, of marine 
species; and 
(B) the operation of any installation, facil-
ity, or structure in the exclusive economic zone 
for the purposes of propagation and rearing, or 
attempted propagation and rearing, of marine 
species. 
(17) OFFSHORE AQUACULTURE FACILITY.—The 
term ‘‘offshore aquaculture facility’’ means— 
(A) a structure, installation, or other com-
plex placed, in whole or in part, for the pur-
poses of propagation and rearing, or attempted 
propagation and rearing of marine species in 
the exclusive economic zone; and 
(B) an area of the seabed or the subsoil 
used for such placement. 
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(18) OVERFISHING AND OVERFISHED.—Each of 
the terms ‘‘overfishing’’ and ‘‘overfished’’ has the 
meaning that term has in the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.). 
(19) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(20) SPECIAL MANAGEMENT ZONE.—The term 
‘‘special management zone’’ means an area managed 
by a State under a special area management plan, 
as that term is defined in section 304 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1453). 
Æ 
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