(2) to commission a study and report to assess 
the environmental and regulatory viability of a 
United States offshore aquaculture industry; 
(3) to support aquaculture workforce develop-
ment and working waterfronts by creating new jobs 
and to support existing jobs and businesses within 
the seafood industry of the United States, including 
jobs and businesses for traditional participants in 
the fishing industry; 
(4) to establish Aquaculture Centers of Excel-
lence to meet the needs of the growing domestic sus-
tainable aquaculture industry; and 
(5) to reduce the United States seafood trade 
deficit by expanding the domestic supply of seafood 
through the production of sustainable offshore aqua-
culture. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the National Oceanic and Atmospheric 
Administration. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Administra-
tion. 
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(3) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation, the Committee on Environ-
ment and Public Works, and the Committee on 
Agriculture, Nutrition, and Forestry of the Sen-
ate; and 
(B) the Committee on Natural Resources, 
the Committee on Agriculture, and the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives. 
(4) 
AQUACULTURE.—The 
term 
‘‘aqua-
culture’’— 
(A) means any activity involved in the 
propagation, rearing, or attempted propagation 
or rearing, of cultured species, including the 
capture and rearing of broodstock; and 
(B) does not include the practice of— 
(i) capturing juvenile finfish to rear to 
maturity in an aquaculture facility for sub-
sequent commercial sale; or 
(ii) the practice of rearing and releas-
ing cultured species for the purpose of en-
hancing wild populations. 
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(5) AQUACULTURE STAKEHOLDER.—The term 
‘‘aquaculture stakeholder’’ means— 
(A) an owner or operator of an offshore 
aquaculture facility; 
(B) a Regional Fishery Management Coun-
cil established under section 302(a) of the Mag-
nuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1852(a)); 
(C) an interstate fisheries commission; 
(D) a conservation organization; 
(E) a fisheries association; 
(F) a State or county government; 
(G) an Indian Tribe; 
(H) a Native Hawaiian organization; 
(I) a Native Hawaiian community; 
(J) a Tribal or Indigenous community; 
(K) a Federal or State agency with inter-
ests in aquaculture; or 
(L) any other interested party. 
(6) 
COASTAL
STATE.—The 
term 
‘‘coastal 
State’’ has the meaning given the term ‘‘coastal 
state’’ in section 304(4) of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1453(4)). 
(7) CULTURED SPECIES.—The term ‘‘cultured 
species’’— 
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(A) means any species propagated and 
reared for marine aquaculture; 
(B) includes larval marine shellfish species 
that self-recruit in the offshore environment; 
and 
(C) excludes any member of the class Aves, 
Reptilia, or Mammalia. 
(8) ESCAPE.—The term ‘‘escape’’ means the es-
cape of juvenile-or adult-farmed organisms, viable 
gametes, or fertilized eggs spawned by farmed orga-
nisms from offshore aquaculture facilities. 
(9) 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— 
(i) except as provided by clause (ii), is 
200 nautical miles from the baseline from 
which the breadth of the territorial sea is 
measured; or 
(ii)(I) 
if 
an 
applicable 
maritime 
boundary treaty is in force or is being pro-
visionally applied by the United States, is 
established by that treaty; or 
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(II) in the absence of such a 
treaty and in a case in which the dis-
tance between the United States and 
another country is less than 400 nau-
tical miles, is a line equidistant be-
tween 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 the Commonwealth 
of Puerto Rico, a line 9 nautical miles 
from the coastline of the Commonwealth of 
Puerto Rico; 
(iii) in the case of American Samoa, 
the United States Virgin Islands, or Guam, 
a line 3 geographic miles from the coast-
lines of American Samoa, the United 
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States Virgin Islands, or Guam, respec-
tively; or 
(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. 
(C) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to diminish 
the authority of the Department of Defense, the 
Department of the Interior, or any other Fed-
eral agency. 
(10) 
FISHERY
STAKEHOLDERS.—The 
term 
‘‘fishery stakeholders’’ means— 
(A) subsistence fishery participants and 
their dependents; 
(B) fishing vessel crews; 
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(C) fish processor and distribution work-
ers; 
(D) recreational fisheries; 
(E) Tribal fisheries; and 
(F) territorial fishing communities, includ-
ing such communities in American Samoa, 
Guam, the Commonwealth of the Northern 
Mariana Islands, Puerto Rico, and the United 
States Virgin Islands. 
(11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given that term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(12) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘‘institution of higher education’’ has the 
meaning given that term in section 201 of the High-
er Education Act of 1965 (20 U.S.C. 1001). 
(13) NATIVE
HAWAIIAN
COMMUNITY.—The 
term ‘‘Native Hawaiian community’’ means the dis-
tinct Native Hawaiian indigenous political commu-
nity that Congress, exercising its plenary power over 
Native American affairs, has recognized and with 
which Congress has implemented a special political 
and trust relationship. 
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(14) NATIVE
HAWAIIAN
ORGANIZATION.—The 
term ‘‘Native Hawaiian organization’’ has the mean-
ing given that term in section 6207 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7517) and includes the Department of Ha-
waiian Home Lands and the Office of Hawaiian Af-
fairs. 
(15) NATIONAL
SEA
GRANT
COLLEGE
PRO-
GRAM.—The term ‘‘national sea grant college pro-
gram’’ means the program maintained under section 
204(a) of the National Sea Grant College Program 
Act (33 U.S.C. 1123(a)). 
(16) OFFSHORE
AQUACULTURE.—The term 
‘‘offshore aquaculture’’ means aquaculture con-
ducted in the exclusive economic zone. 
(17) 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. 
(18) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and 
each commonwealth, territory, or possession of the 
United States. 
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(19) TRIBAL FISHERY.—The term ‘‘Tribal fish-
ery’’ means a fishery that is— 
(A) owned, operated, or managed by a 
Tribal or Indigenous community; or 
(B) located in an area— 
(i) that is subject to the jurisdiction 
of an Indian Tribe; and 
(ii) for which the Indian Tribe has 
sovereign authority over fishing activity in 
the area. 
(20) TRIBAL LAND.—The term ‘‘Tribal land’’ 
means land that is subject to the jurisdiction of an 
Indian Tribe. 
(21) TRIBAL
OR
INDIGENOUS
COMMUNITY.— 
The term ‘‘Tribal or Indigenous community’’ means 
a population of people who are— 
(A) enrolled members of an Indian Tribe; 
(B) members of an Alaska Native or Na-
tive Hawaiian community or organization; or 
(C) members of any other community of 
Indigenous people located in a State. 
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TITLE I—OFFICE OF 
AQUACULTURE 
SEC. 101. OFFICE OF AQUACULTURE. 
(a) ESTABLISHMENT.—There is established within 
the headquarters of the National Marine Fisheries Service 
of the Administration the Office of Aquaculture (in this 
section referred to as the ‘‘Office’’). 
(b) RESOURCES.—The Administrator shall ensure 
the Office is provided with sufficient resources to carry 
out the duties of the Office under subsection (d). 
(c) REPRESENTATION AT REGIONAL FISHERIES OF-
FICES.— 
(1) IN GENERAL.—The Administrator shall pro-
vide for representation of the Office in each of the 
regional fisheries offices of the Administration. 
(2) MINIMUM
PRESENCE.—In carrying out 
paragraph (1), the Administrator— 
(A) shall provide for the placement of at 
least one regional aquaculture coordinator from 
the Office in each regional fisheries office; 
(B) shall otherwise ensure that the rep-
resentation of the Office at a regional fisheries 
office is, at a minimum, sufficient to permit the 
Office to fulfill the duties of the Office under 
subsection (d); and 
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(C) may increase that representation to the 
extent warranted by the activity and interest of 
aquaculture stakeholders in the region. 
(d) DUTIES.— 
(1) IN GENERAL.—The Office shall— 
(A) coordinate the implementation of this 
Act, including administration of— 
(i) the aquaculture research program 
established under subsection (e); 
(ii) the offshore aquaculture assess-
ment program established under section 
201; and 
(iii) the issuance of permits under sec-
tion 202; 
(B) coordinate regulatory, scientific, out-
reach, and international issues related to aqua-
culture within the Administration; 
(C) collaborate with and leverage existing 
efforts by the national sea grant college pro-
gram— 
(i) to conduct outreach, education, ex-
tension services, and training efforts for 
aquaculture and offshore aquaculture; and 
(ii) to engage with aquaculture stake-
holders and, from time to time, convene 
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conferences for aquaculture stakeholders to 
exchange information and ideas; 
(D) maintain aquaculture capacity in the 
regions covered by the regional fisheries offices 
of the Administration; 
(E) develop recommendations for perform-
ance standards for offshore aquaculture oper-
ations that, at a minimum— 
(i) encourage development of offshore 
aquaculture in a manner that complies 
with environmental law; 
(ii) are based on the best scientific in-
formation available; 
(iii) take into account traditional 
knowledge of Tribal and Indigenous com-
munities as appropriate to the region; 
(iv) are adaptive to offshore aqua-
culture developments, such as updates in 
technology and changes in environmental 
conditions; and 
(v) prefer species that are native or 
historically naturalized to the region; and 
(F) prioritize the health of cultured spe-
cies. 
(2) AGREEMENTS WITH STATES.— 
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(A) IN
GENERAL.—Upon request of the 
Governor of a coastal State, the Office shall 
enter into an agreement with the State to allow 
the State, and aquaculture stakeholders in the 
State as appropriate, to participate in the ac-
tivities authorized under sections 201 and 203 
and titles III and IV, as though— 
(i) the aquaculture conducted in the 
State’s coastal waters were offshore aqua-
culture; and 
(ii) facilities for aquaculture in the 
State’s coastal waters were offshore aqua-
culture facilities. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this paragraph or in any agreement entered 
into under this paragraph shall be construed to 
affect the authority of the Administrator to 
issue permits for or regulate aquaculture in 
State waters, except as expressly provided in 
such an agreement. 
(e) AQUACULTURE RESEARCH PROGRAM AND DU-
TIES.— 
(1) IN GENERAL.—The Administrator shall es-
tablish, and provide resources (in addition to the re-
sources required under subsection (b)) for, an aqua-
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culture research program that draws upon the sci-
entific capacity of programs of the Administration, 
such as the Fisheries Science Centers, the national 
sea grant college program, and the National Centers 
for Coastal Ocean Science, to support the efforts of 
the Office to implement this Act. 
(2) FUNCTIONS.—As part of the aquaculture 
research program established under paragraph (1), 
the Office shall— 
(A) ensure that commercial-scale offshore 
aquaculture demonstration projects for which 
permits are issued under section 202 are sci-
entifically monitored to support the implemen-
tation of this Act; 
(B) evaluate data; 
(C) conduct additional research to support 
the development of sustainable offshore aqua-
culture; 
(D) administer support for industry under 
section 301; 
(E) administer the Aquaculture Centers of 
Excellence under section 302; 
(F) administer the contract to conduct the 
study described in section 401; and 
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(G) coordinate the engagement of the Ad-
ministration with the Comptroller General of 
the United States as the Comptroller General 
prepares the report required by section 402. 
(f) BUDGET REQUEST.—The Administrator shall in-
clude, in the budget justification materials submitted to 
Congress in support of the budget of the President for 
a fiscal year pursuant to section 1105 of title 31, United 
States Code, a request for funding for the Office as a sep-
arate line item with the National Marine Fisheries Service. 
TITLE II—COMMERCIAL-SCALE 
DEMONSTRATION PROJECTS 
SEC. 201. ASSESSMENT PROGRAM FOR OFFSHORE AQUA-
CULTURE. 
(a) ESTABLISHMENT OF PROGRAM.—Not later than 
180 days after the date of the enactment of this Act, the 
Administrator shall establish an assessment program (in 
this section referred to as the ‘‘assessment program’’) with 
the objective of assessing the viability of offshore aqua-
culture— 
(1) in light of changing circumstances and ad-
vances in technology; and 
(2) using the best available science, information 
from aquaculture stakeholders, and information de-
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veloped from demonstration projects for which per-
mits are issued under section 202. 
(b) ELEMENTS.—At a minimum, the assessment pro-
gram shall examine the following in order to determine 
the viability of offshore aquaculture: 
(1) The ability of different commercial-scale fa-
cility designs and operational methods— 
(A) to survive various atmospheric and 
ocean conditions to the extent possible, includ-
ing high wind speeds or high-energy ocean con-
ditions associated with severe weather, or tidal 
or tsunami activity, without— 
(i) escapes; 
(ii) loss of or damage to infrastruc-
ture; or 
(iii) wildlife entanglement resulting 
from loss or damaged infrastructure; 
(B) to prevent adverse wildlife impacts to 
the extent possible, including entanglements of 
large whales, sea turtles, and other species pro-
tected under— 
(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); and 
(ii) the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.); 
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(C) to prevent adverse impacts on the ma-
rine environment to the extent possible, includ-
ing impacts to habitat, water chemistry, and 
wildlife; and 
(D) to prevent adverse impacts on naviga-
tion and safety, to the extent possible, to exist-
ing ocean users due to offshore aquaculture fa-
cilities, including requirements for operations, 
navigation, and transit associated with such fa-
cilities. 
(2) The ability of different technologies to pro-
vide reliable and timely data on offshore aquaculture 
facilities, including visual data and other relevant 
data types, on a regular basis to enable the Adminis-
trator to monitor— 
(A) the compliance of demonstration 
projects for which permits are issued under sec-
tion 202 with the requirements under sub-
section (b) of such section; 
(B) impacts on the marine environment; 
and 
(C) interference with existing uses of the 
water bodies in which demonstration projects 
for which permits are issued under section 202 
are located. 
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(3) The relative risks, benefits, and costs of 
various types of offshore aquaculture, including dif-
ferent species of finfish in different geographies and 
under varying climactic and ecological conditions. 
(c) REPORT REQUIRED.—Not later than 2 years 
after the date on which the Administrator establishes the 
assessment program, the Administrator shall publish, 
make available to the public, and submit to the National 
Academy of Sciences and the Comptroller General of the 
United States, a report that includes the following: 
(1) A description of each demonstration project 
for which a permit is issued under section 202, in-
cluding documentation supporting the issuance of 
the permit. 
(2) A summary of the information submitted to 
the Administrator for each such demonstration 
project. 
(3) A description of the progress made toward 
meeting the objective described in subsection (a). 
SEC. 202. PERMITS FOR DEMONSTRATION PROJECTS FOR 
OFFSHORE AQUACULTURE FACILITIES. 
(a) ISSUANCE OF PERMITS.—After the Administrator 
establishes the assessment program under section 201, the 
Administrator shall issue permits for demonstration 
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projects for proposed offshore aquaculture facilities in fur-
therance of the assessment program. 
(b) ELIGIBILITY REQUIREMENTS.—To be eligible for 
the issuance of a permit under subsection (a), a dem-
onstration project is required to— 
(1) advance the objective described in section 
201(a); 
(2) cultivate only native or historically natural-
ized species that pose a minimal threat of harm to 
wildlife and the ecosystem in which the project is lo-
cated; 
(3) incorporate design and operational practices 
that minimize the risk of escape, wildlife entangle-
ment, and adverse pollution impacts; 
(4) develop an escape response and infrastruc-
ture loss or damage plan that minimizes the impact 
of any escapes or infrastructure loss or damage on 
the marine environment and on other uses of the 
water body in which the project is located; 
(5) comply with all applicable requirements 
of— 
(A) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly re-
ferred to as the ‘‘Clean Water Act’’); 
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(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(C) the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1361 et seq.); and 
(D) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(6) maximize compatibility with, and prevent or 
minimize displacement of, existing uses and users of 
the marine environment in the near vicinity of where 
the project is located; 
(7) conform to best practices to avoid or mini-
mize the use of antibiotics and other pharma-
ceuticals and minimize the release of such pharma-
ceuticals into the environment; and 
(8) be designed and managed in partnership 
with— 
(A) a land-grant college or university (as 
defined in section 1404 of the National Agricul-
tural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3103)); 
(B) a historically Black college or univer-
sity (as defined by the term ‘‘part B institu-
tion’’ in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061)); 
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(C) a 1994 Institution (as defined in sec-
tion 532 of the Equity in Educational Land- 
Grant Status Act of 1994 (Public Law 103– 
382; 7 U.S.C. 301 note)); or 
(D) a sea grant college (as defined in sec-
tion 203 of the National Sea Grant College 
Program Act (33 U.S.C. 1122)). 
(c) AUTHORIZED ACTIVITIES.—A person that holds 
a permit for a demonstration project issued under sub-
section (a) may conduct offshore aquaculture consistent 
with— 
(1) this Act, including regulations prescribed to 
carry out this Act; and 
(2) other applicable provisions of law, including 
regulations. 
(d) APPLICATIONS.—A person seeking a permit for 
a demonstration project shall submit to the Administrator 
an application that specifies— 
(1) the proposed location of the offshore aqua-
culture facility and the location of on-shore facilities 
used for propagation or rearing of cultured species, 
such as hatcheries or research operations; 
(2) the type of aquaculture operations that will 
be conducted at all facilities described in paragraph 
(1); 
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(3) the cultured species, or a specified range of 
species, to be propagated or reared, or both, at the 
offshore aquaculture facility; 
(4)(A) the source of eggs, larvae, or juvenile 
cultured species that will be used in offshore aqua-
culture operations; 
(B) an analysis of the likely ecosystem im-
pacts of such operations, such as the spread of 
pathogens; and 
(C) the information upon which the anal-
ysis was based; 
(5) plans to respond to— 
(A) a natural disaster; 
(B) an escape; 
(C) disease; 
(D) loss or damage to infrastructure; and 
(E) other circumstances designated by the 
Administrator; and 
(6) such other design, construction, and oper-
ational information as the Administrator may re-
quire to ensure the integrity of the operations and 
contingency planning. 
(e) NOTICE, PUBLIC COMMENT, AND OBJECTIONS.— 
(1) IN GENERAL.—The Administrator shall— 
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(A) not later than 90 days after receiving 
an application under this section, publish in the 
Federal Register a notice summarizing the ap-
plication; and 
(B) invite and consider public comments, 
and formal objections from any Governor or 
Tribal leader of a specially affected coastal ju-
risdiction, on applications for permits under 
this section. 
(2) SPECIALLY AFFECTED COASTAL JURISDIC-
TION.—In this subsection, the term ‘‘specially af-
fected coastal jurisdiction’’ means any coastal State 
or Indian Tribe— 
(A) the land, Tribal land, or waters of 
which— 
(i) are adjacent to the Federal waters 
in which the project will be conducted; and 
(ii) are used, or are scheduled to be 
used, as a support base for the project; 
and 
(B) for which there is a reasonable prob-
ability of significant effect on uses of land, 
Tribal land, or water from the project. 
(f) PRIORITY CONSIDERATION.—In considering ap-
plications for permits for demonstration projects under 
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this section, the Administrator shall give priority consider-
ation to applications for demonstration projects— 
(1) owned or operated by applicants who can 
demonstrate that the demonstration project will di-
rectly benefit individuals who are already partici-
pating in the agricultural, wild-caught fishery, or 
aquaculture industries who have been negatively im-
pacted by the COVID–19 pandemic, natural disas-
ters, or major disasters declared under section 401 
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170); or 
(2) sited within an Aquaculture Opportunity 
Area identified by the Secretary of Commerce in ac-
cordance with section 7 of Executive Order 13921 
(16 U.S.C. 1801 note; relating to promoting Amer-
ican seafood competitiveness and economic growth). 
(g) SOCIOECONOMIC DATA.—In considering applica-
tions for permits for demonstration projects under this 
section, and to support the study described in section 401, 
the report required by section 402, and the assessment 
program established under section 201, the Administrator 
shall collect socioeconomic data associated with the owner 
or operator of, and communities employed or otherwise af-
fected by, each demonstration project. 
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(h) DECISIONS WITH RESPECT TO ISSUANCE, DE-
FERRAL, OR DENIAL.— 
(1) IN GENERAL.—Not later than 90 days after 
the conclusion of the period for public comments 
under subsection (e) with respect to an application 
for a permit for a demonstration project under this 
section, the Administrator shall— 
(A) issue the permit, if the Administrator 
determines the application complies with the re-
quirements of this Act, the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and other applicable law; 
(B) if the Administrator determines that 
the application does not comply with the re-
quirements described in subparagraph (A) and 
can be modified to comply with those require-
ments— 
(i) defer the decision on the permit; 
and 
(ii) provide to the applicant a notice 
that specifies modifications to the proposed 
demonstration project needed for a permit 
to be issued; or 
(C) if the Administrator determines that 
the application does not comply with the re-
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quirements described in subparagraph (A) and 
that the application cannot be modified to com-
ply with such requirements, deny the permit 
and provide a justification for the denial. 
(2) OTHER APPROVAL.— 
(A) IN
GENERAL.—An application for a 
permit for a demonstration project under this 
section shall be considered approved, as if a 
permit for the application had been issued 
under paragraph (1)(A), if— 
(i) the Administrator does not take 
action under subparagraph (A), (B), or (C) 
of paragraph (1) within 90 days after the 
conclusion of the period for public com-
ments under subsection (e) with respect to 
the application; 
(ii) no formal objection to the applica-
tion has been received from the Governor 
or Tribal leader of a specially affected 
coastal jurisdiction (as defined in sub-
section (e)); and 
(iii) the Administrator has determined 
that the application complies with the re-
quirements described in paragraph (1)(A). 
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(B) PROCESS.—The Administrator shall 
establish a process for the approval of applica-
tions under this paragraph. 
(i) EFFECTIVE PERIOD.—A permit for a demonstra-
tion project issued under this section— 
(1) shall be in effect during the 10-year period 
beginning on the date on which the project begins 
in-water operations; and 
(2) may be renewed as provided by subsection 
(k). 
(j) RENEWAL.— 
(1) IN
GENERAL.—The Administrator may 
renew a permit, that has not been revoked, for a 
demonstration project issued under this section for 
an additional 10-year period after the 10-year period 
described in subsection (i)(1) if— 
(A) the owner or operator of the project 
submits to the Administrator a proposal for re-
newal of the permit by a date determined by 
the Administrator; and 
(B) the Administrator determines that the 
permit, as modified by the proposal, remains in 
compliance with the requirements described in 
subsection (j)(1). 
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(2) NOTICE AND PUBLIC COMMENT.—The Ad-
ministrator shall— 
(A) publish in the Federal Register a no-
tice summarizing each proposal received under 
paragraph (1) with respect to the renewal of a 
permit; 
(B) invite public comments for a period of 
not less than 60 days regarding each such pro-
posal; and 
(C) consider such comments in deter-
mining whether to approve the renewal of the 
permit. 
(k) AUTHORITY TO MODIFY OR TERMINATE PAR-
TICIPATION OF DEMONSTRATION PROJECTS AND ORDER 
REMOVAL OF FACILITIES.—The Administrator may re-
quire modifications to a demonstration project for which 
a permit is issued under this section, terminate such a 
permit, or order the removal of an offshore aquaculture 
facility authorized to operate under such a permit, if— 
(1)(A) the project incurs an incident involving 
a death or serious personal injury and the Adminis-
trator determines that negligence of the project op-
erator was the cause of or a contributing factor to 
the incident; 
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(B) operation of the project results in a 
violation of— 
(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); or 
(ii) the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.); 
(C) the owner or operator of the project 
fails to comply with all of the terms and condi-
tions of— 
(i) the permit; or 
(ii) modifications required by the Ad-
ministrator under this subsection; or 
(D) the Administrator determines that op-
eration of the demonstration project would be 
unsafe or result in unacceptable negative im-
pacts to— 
(i) the marine environment; 
(ii) nearby communities; or 
(iii) other users of the water body in 
which the project is located; and 
(2) before requiring a modification to the dem-
onstration project, terminating the permit, or order-
ing the removal of the offshore aquaculture facil-
ity— 
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(A) the Administrator provides a warning 
notice to the owner or operator of the project; 
and 
(B) the owner or operator is given an op-
portunity to address the Administrator’s con-
cerns. 
(l) COASTAL ZONE MANAGEMENT ACT REVIEW.— 
The submission of an application for a permit for a dem-
onstration project under this section shall trigger the right 
of review by a coastal State under the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1451 et seq.). 
SEC. 203. COORDINATION OF PERMIT REVIEWS FOR DEM-
ONSTRATION PROJECTS. 
(a) IN GENERAL.—The Administration shall serve as 
the lead Federal agency for purposes of providing informa-
tion on Federal permitting requirements for demonstra-
tion projects under section 202. 
(b) INFORMAL CONSULTATIONS.— 
(1) IN GENERAL.—The Administrator shall con-
vene representatives of the agencies described in 
paragraph (2) to provide prospective applicants for 
permits for demonstration projects under section 
202 an opportunity for informal consultation with 
such agencies. 
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