(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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Sfmt 6201
E:\BILLS\H4363.IH
H4363
dcolon on DSK2BSOYB1PROD with BILLS