jurisdiction, responsibilities, or rights of any Federal or 
State agency, or Indian Tribe or Alaska Native organiza-
tion, under any Federal law or treaty. 
SEC. 405. REPORT AND PERMIT TERMS. 
(a) REPORT.—Not later than 5 years after the date 
of enactment of this Act, the Secretary shall issue a report 
to the Chairman and Ranking Member of the Committee 
on Commerce, Science, and Transportation of the Senate 
and the Committee on Natural Resources of the House 
of Representatives regarding implementation of this Act. 
The report shall include— 
(1) the number of offshore aquaculture permits 
applied for, granted, denied, and retired, together 
with a brief description of the circumstances of each; 
(2) any and all enforcement actions undertaken, 
and the disposition of each; 
(3) the number of aquaculture opportunity 
areas established under section 102, together with a 
brief description of the circumstances of each; 
(4) results from any grants awarded under this 
Act; 
(5) the Secretary’s assessment of the state of 
offshore aquaculture in the United States; 
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(6) the Secretary’s assessment of United States 
offshore aquaculture in comparison to offshore aqua-
culture in other nations; and 
(7) the Secretary’s recommendations to improve 
United States offshore aquaculture. 
(b) DETERMINATION REGARDING PERMITS.—In ad-
dition to the requirements of subsection (a), the Secretary 
may make the following determinations regarding permit 
terms for offshore aquaculture: 
(1) The effect of shortening or lengthening per-
mit terms on the risk of harm to the environment. 
(2) The effect of shortening or lengthening per-
mit terms on industry’s access to capital markets. 
(3) Whether a change to the permit terms es-
tablished in this Act is warranted. 
SEC. 406. FEDERAL COORDINATION. 
(a) RELATION TO CURRENT LAW.—Nothing in this 
section shall be construed in derogation of law in effect 
on the date of enactment of this Act that is applicable 
to offshore aquaculture operations, and the unified permit-
ting and review process established under this section shall 
not affect the timelines or standards established under 
other laws. 
(b) COORDINATION.—Subject to subsection (a), the 
Secretary of Commerce shall coordinate with the Depart-
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ment of the Interior, the Department of Agriculture, the 
Environmental Protection Agency, the Army Corps of En-
gineers, the Food and Drug Administration, and the de-
partment in which the U.S. Coast Guard is operating to 
simplify the Federal permitting process for offshore aqua-
culture. The Secretaries of the Interior, Agriculture, 
Health and Human Services, and the department in which 
the U.S. Coast Guard is operating, the Administrator of 
the Environmental Protection Agency, and the Chief of 
Engineers shall cooperate with the Secretary of Commerce 
to implement this section. 
(c) UNIFIED PERMITTING AND REVIEW PROCESS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretaries of 
Commerce, the Interior, Agriculture, Health and 
Human Services, and the department in which the 
U.S. Coast Guard is operating, the Administrator of 
the Environmental Protection Agency, and the Chief 
of Engineers shall, through the Secretary of Com-
merce, initiate, subject to the requirements of sub-
section (a), a rulemaking for all permits adminis-
tered by such agency heads relating to offshore 
aquaculture for a unified process, public notice, and 
public comment for— 
(A) initial issuance of permits; 
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(B) renewal of permits; and 
(C) transfer of permits. 
(2) OUTREACH.—The Secretary of Commerce, 
through the National Oceanic and Atmospheric Ad-
ministration, shall serve as the lead Federal agency 
for purposes of providing information on Federal 
permitting requirements for aquaculture in Federal 
waters. 
(3) INFORMAL
REVIEW
AND
COMPATIBILITY 
ANALYSIS.—The Secretary of Commerce, acting 
through the National Oceanic and Atmospheric Ad-
ministration, shall convene representatives of the 
Department of the Interior, the Department of Agri-
culture, the Environmental Protection Agency, the 
Army Corps of Engineers, and the Department in 
which the U.S. Coast Guard is operating to provide 
prospective permit applicants an opportunity for in-
formal consultation with Federal agencies. The Sec-
retary of Commerce may invite representatives from 
other Federal agencies as necessary or advisable. 
Nothing in this subsection shall preclude an appli-
cant or a prospective applicant from contacting Fed-
eral agencies directly. 
(4) ENVIRONMENTAL ANALYSIS.—To the extent 
allowable under the National Environmental Policy 
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Act of 1969 (42 U.S.C. 4321 et seq.), any environ-
mental analysis or environmental impact statement 
required under such Act for offshore aquaculture ac-
tivities shall be conducted through a single, consoli-
dated environmental review and the National Oce-
anic and Atmospheric Administration, through the 
Office of Aquaculture and associated divisions, shall 
serve as the lead Federal agency. 
(5) COORDINATION OF PERMIT REVIEWS.—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 their review 
processes in order to provide a timely response to 
applicants. 
SEC. 407. PROHIBITED ACTS. 
It is unlawful for any person— 
(1) to violate any provision of this Act or any 
regulation or permit issued pursuant to this Act; 
(2) to refuse to permit any officer authorized to 
enforce the provisions of this Act (in accordance 
with section 408) to access an offshore aquaculture 
facility, associated onshore facility, vessel, or other 
conveyance, subject to such person’s control, for pur-
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poses of conducting any search or inspection in con-
nection with the enforcement of this Act; 
(3) to assault, resist, oppose, impede, intimi-
date, or interfere with any such authorized officer in 
the conduct of any search or inspection described in 
paragraph (2); 
(4) to resist a lawful arrest for any act prohib-
ited by this section; 
(5) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or 
possession of, any cultured species produced, taken, 
retained, or possessed in violation of this Act; 
(6) to interfere with, delay, or prevent, by any 
means, the apprehension or arrest of another person, 
knowing that such other person has committed any 
act prohibited by this section; 
(7) to make or submit to the Secretary or the 
Governor of a State false information regarding any 
matter that the Secretary or Governor is considering 
in the course of carrying out this Act; 
(8) to make any false statement or provide any 
false information on, or in connection with, an appli-
cation, declaration, record, or report; or 
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(9) without authorization, to remove, damage, 
or tamper with or attempt to remove, damage, or 
tamper with— 
(A) an offshore aquaculture facility owned 
by another person, which is located in the exclu-
sive economic zone, including any component 
thereof; or 
(B) cultured species contained in such fa-
cility or component thereof. 
SEC. 408. ENFORCEMENT. 
(a) RESPONSIBILITY.—The provisions of this Act 
shall be enforced by the Secretary and the Secretary of 
the department in which the Coast Guard is operating. 
In enforcing this Act, such Secretaries may by agreement 
utilize, on a reimbursable or non-reimbursable basis, the 
personnel, services, equipment (including aircraft and ves-
sels), and facilities of any other Federal agency, including 
all elements of the Department of Defense, or of any State 
agency. Such Secretaries shall, and the head of any Fed-
eral or State agency that has entered into an agreement 
with either such Secretary under this section may (if the 
agreement so provides), authorize officers to enforce the 
provisions of this Act or any regulation promulgated under 
this Act. 
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(b) POWERS OF AUTHORIZED OFFICERS.—Any offi-
cer who is authorized under subsection (a) to enforce the 
provisions of this Act may, with or without a warrant or 
other process, as authorized by law— 
(1) arrest any person, if the officer has reason-
able cause to believe that such person has committed 
an act prohibited by section 407; 
(2) board, search or inspect, any offshore aqua-
culture facility, associated onshore facility, vessel, or 
other conveyance (including its gear, furniture, ap-
purtenances, stores, records, and cargo) which is 
subject to the provisions of this Act; 
(3) seize any vessel, or other conveyance (to-
gether with its gear, furniture, appurtenances, 
stores, records, and cargo) used or employed in, or 
with respect to which it reasonably appears that 
such vessel was used or employed in, the violation of 
any provision of this Act; 
(4) seize any cultured species or seafood prod-
uct (wherever found) taken, produced, imported, ex-
ported, transported, sold, received, acquired, or pur-
chased in any manner, in connection with or as a re-
sult of the violation of any provision of this Act; 
(5) seize any evidence related to any violation 
of any provision of this Act; 
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(6) detain any cultured species or seafood prod-
uct to determine compliance with this Act; 
(7) search and seize, in accordance with any 
guidelines which may be issued by the Attorney Gen-
eral; 
(8) access, directly or indirectly, for enforce-
ment purposes any data or information required to 
be provided or reported under this Act or regulations 
promulgated under this Act, including data from 
vessel or facility monitoring systems, automatic iden-
tification systems, long-range identification and 
tracking systems, or any similar system; 
(9) execute and serve any subpoena, arrest war-
rant, search warrant issued in accordance with Rule 
41 of the Federal Rules of Criminal Procedure, or 
other warrant or civil or criminal process issued by 
any officer or court of competent jurisdiction; and 
(10) exercise any other lawful authority. 
(c) ISSUANCE OF CITATIONS.—If any authorized offi-
cer finds that a person, offshore aquaculture facility, asso-
ciated onshore facility, vessel, or other conveyance is en-
gaging or has been engaged in the violation of any provi-
sion of this Act, such officer may issue a citation to the 
owner or operator of such vessel in lieu of proceeding 
under subsection (f), (g), or (h). If a permit has been 
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issued pursuant to this Act for such facility or conveyance, 
such officer shall note the issuance of any citation under 
this subsection, including the date thereof and the reason 
therefor, on the permit. The Secretary shall maintain a 
record of all citations issued pursuant to this subsection. 
(d) SUBPOENAS.—For the purposes of conducting 
any investigation or hearing under this Act, or any other 
marine resource law enforced by the Secretary, the Sec-
retary may issue subpoenas for the attendance and testi-
mony of witnesses and the production of relevant papers, 
photographs, records, books, and documents in any form, 
including those in electronic, optical or magnetic form, and 
may administer oaths. Witnesses summoned shall be paid 
the same fees and mileage that are paid to witnesses in 
the courts of the United States. In case of contempt or 
refusal to obey a subpoena served upon any person pursu-
ant to this subsection, the district court of the United 
States for any district in which such person is found, re-
sides, or transacts business, upon application by the 
United States and after notice to such person, shall have 
jurisdiction to issue an order requiring such person to ap-
pear and give testimony before the Secretary or to appear 
and produce documents before the Secretary, or both, and 
any failure to obey such order of the court may be pun-
ished by such court as a contempt thereof. 
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(e) DISTRICT COURT JURISDICTION.—The several 
district courts of the United States shall have jurisdiction 
over any actions arising under this Act. For purposes of 
this section, for Hawaii or any possession of the United 
States in the Pacific Ocean, the appropriate court is the 
United States District Court for the District of Hawaii, 
except that in the case of Guam and Wake Island, the 
appropriate court is the United States District Court for 
the District of Guam, and in the case of the Northern 
Mariana Islands, the appropriate court is the United 
States District Court for the District of the Northern 
Mariana Islands. Each violation shall be a separate of-
fense and the offense shall be deemed to have been com-
mitted not only in the district where the violation first oc-
curred, but also in any other district as authorized by law. 
Any offenses not committed in any district are subject to 
the venue provisions of section 3238 of title 18, United 
States Code. 
(f) CIVIL ENFORCEMENT.— 
(1) CIVIL ADMINISTRATIVE PENALTIES.— 
(A) IN
GENERAL.—Any person who is 
found by the Secretary, after notice and oppor-
tunity for a hearing in accordance with section 
554 of title 5, United States Code, to have com-
mitted an act prohibited by section 407 shall be 
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