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 wa-
ters. 
(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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