I 
116TH CONGRESS 
2D SESSION 
H. R. 6191 
To establish a regulatory system for sustainable offshore aquaculture in 
the United States exclusive economic zone, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2020 
Mr. PETERSON (for himself and Mr. PALAZZO) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a regulatory system 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. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Advancing the Quality and Understanding of American 
Aquaculture Act’’ or the ‘‘AQUAA Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
TITLE I—NATIONAL STANDARDS 
Sec. 101. National standards for sustainable offshore aquaculture. 
TITLE II—CORE ACTIVITIES 
Sec. 201. Offshore aquaculture permits. 
Sec. 202. Enterprise zones. 
TITLE III—REFINEMENTS 
Sec. 301. Protection of offshore aquaculture facilities. 
Sec. 302. Recordkeeping and access to information. 
Sec. 303. Marine feed standards. 
TITLE IV—ADMINISTRATIVE PROVISIONS 
Sec. 401. Office of Offshore Aquaculture. 
Sec. 402. Domestic aquaculture production. 
Sec. 403. Outreach and education for offshore aquaculture. 
Sec. 404. Administration. 
Sec. 405. Report. 
Sec. 406. Extension of permit terms. 
Sec. 407. Interagency coordination of offshore aquaculture. 
Sec. 408. Prohibited acts. 
Sec. 409. Enforcement. 
Sec. 410. Authorization of appropriations. 
TITLE V—RESEARCH AND DEVELOPMENT 
Sec. 501. Research and development grant programs. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to support the development of a sustainable 
aquaculture industry in the United States; 
(2) to develop sustainable offshore aquaculture 
as a tool to support sustainable marine fisheries and 
ecosystem-based management; 
(3) to simplify the Federal regulatory regime 
for sustainable offshore aquaculture and safeguard 
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the marine environment, wild fish stocks, and our 
coastal communities; 
(4) to support research and technology develop-
ment to further these goals; 
(5) to create new jobs, and support existing 
jobs within the seafood industry of the United 
States, including jobs for traditional fishing industry 
partners; and 
(6) to reduce the United States seafood trade 
deficit by expanding the domestic supply of seafood 
through domestic aquaculture. 
SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) AQUACULTURE.—The term ‘‘aquaculture’’ 
has the meaning given such term in section 3 of the 
National Aquaculture Act of 1980 (16 U.S.C. 2803). 
(2) AQUACULTURE STAKEHOLDER.—The term 
‘‘aquaculture stakeholder’’ means owners and opera-
tors of offshore aquaculture facilities, Regional Fish-
ery Management Councils, conservation organiza-
tions, fisheries associations, State, county, and Trib-
al governments, and other interested stakeholders. 
The term also includes other Federal agencies that 
have interests in aquaculture. 
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(3) COASTAL STATE.—Except as otherwise spe-
cifically provided, the term ‘‘coastal State’’ has the 
meaning given the term ‘‘coastal state’’ in section 
304(4) of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1453(4)). 
(4) BROODSTOCK.—The term ‘‘broodstock’’ 
means individuals of any aquatic species maintained 
for the purpose of propagating, reestablishing, or en-
hancing a supply of stock to be reared for offshore 
aquaculture. The term includes individuals collected 
from the wild at any life history stage and reared in 
captivity. 
(5) CULTURED SPECIES.—The term ‘‘cultured 
species’’ means any aquatic species propagated from 
broodstock and transferred to a marine aquaculture 
facility or species that self-recruit in the offshore en-
vironment. The term excludes any member of the 
class aves, reptilia, or mammalia. 
(6) 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 is 200 nautical 
miles from the baseline from which the breadth 
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of the territorial sea is measured (except as es-
tablished by a maritime boundary treaty in 
force or being provisionally applied by the 
United States or, in the absence of such a trea-
ty, where the distance between the United 
States and another country is less than 400 
nautical miles, a line equidistant between 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 3 marine leagues 
from the coastline of the Commonwealth of 
Puerto Rico; 
(iii) in the case of American Samoa, 
the United States Virgin Islands, and 
Guam, a line 3 geographic miles from the 
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coastlines of American Samoa, the United 
States Virgin Islands, or Guam, respec-
tively; 
(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; 
or 
(v) for any possession of the United 
States not under clause (ii), (iii), or (iv), 
the coastline of such possession. 
(C) CONSTRUCTION.—Nothing in this defi-
nition may be construed to diminish the author-
ity of the Department of Defense, the Depart-
ment of the Interior, or any other Federal de-
partment or agency. 
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(7) HEALTHY
TARGET
STOCK.—The term 
‘‘healthy target stock’’ means a component of a fish-
ery targeted for harvest that is not overfished or ex-
periencing overfishing and that is managed to 
achieve a target not to exceed a level consistent with 
maximum sustainable yield, taking into account any 
relevant economic, social, or ecological factor. 
(8) LESSEE.—The term ‘‘lessee’’ means any 
party to a lease, right-of-use and easement, or right- 
of-way, or an approved assignment thereof, issued 
pursuant to the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.). 
(9) OFFSHORE AQUACULTURE.—The term ‘‘off-
shore aquaculture’’ means aquaculture conducted in 
the exclusive economic zone. 
(10) 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. 
(11) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Commerce, acting through the Under Sec-
retary of Commerce for Oceans and Atmosphere. 
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(12) SECRETARIES.—The term ‘‘Secretaries’’ 
means the Secretary of Agriculture and the Sec-
retary of Commerce. 
(13) SUSTAINABLY
MANAGED
FISHERY.—The 
term ‘‘sustainably managed fishery’’ means a fishery 
that is managed in such a manner to maintain 
healthy target stocks, to protect marine ecosystem 
structure, productivity, function, and diversity, and 
to minimize impacts to nontarget stocks. 
(b) AQUACULTURE DEFINED.—Section 3 of the Na-
tional Aquaculture Act of 1980 (16 U.S.C. 2803) is 
amended by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) The term ‘aquaculture’ means any activity 
involved in the propagation, rearing, or attempted 
propagation or rearing, of cultured species.’’. 
TITLE I—NATIONAL STANDARDS 
SEC. 101. NATIONAL STANDARDS FOR SUSTAINABLE OFF-
SHORE AQUACULTURE. 
(a) IN GENERAL.—Any regulation promulgated to 
implement this Act, any permit issued under this Act, and 
any assessment or impact statement required by the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) for activities proposed under this Act shall be con-
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sistent with the following national standards for sustain-
able offshore aquaculture: 
(1) Sustainable offshore aquaculture shall 
strengthen coastal and marine ecosystems by reduc-
ing pressure on fisheries, enhancing essential fish 
habitat, preserving water quality, or enhancing na-
tive stocks. 
(2) Sustainable offshore aquaculture shall be 
based on the best scientific information available. 
(3) Sustainable offshore aquaculture shall avoid 
adverse environmental impacts to coastal and marine 
ecosystems, especially with regard to habitat, and 
water quality, caused by disease, escapements, and 
the effects of nonnative species. 
(4) Sustainable offshore aquaculture shall 
prioritize feeds sourced from sustainable ingredients 
and avoid using feeds harvested from illegal, unre-
ported, and unregulated fishing. 
(5) Sustainable offshore aquaculture shall be 
conducted to minimize impacts, to the extent prac-
ticable, on other uses of the exclusive economic zone 
by Federal and non-Federal entities. 
(6) Sustainable offshore aquaculture shall take 
into account the importance of fishery resources to 
fishing communities in order to, to the extent prac-
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ticable, minimize adverse economic impacts on such 
communities. 
(7) Sustainable offshore aquaculture manage-
ment measures shall, to the maximum extent prac-
ticable, minimize costs and avoid unnecessary dupli-
cation. 
(8) Sustainable offshore aquaculture manage-
ment measures shall avoid unnecessary risks to 
human life and the safety of human life at sea. 
(b) GUIDELINES.—The Secretary shall establish advi-
sory guidelines (which shall not have the force and effect 
of law), based on the national standards, to assist in the 
preparation of any application for a permit under this Act, 
or assessment or impact statement required under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) for activities proposed under such Act. 
TITLE II—CORE ACTIVITIES 
SEC. 201. OFFSHORE AQUACULTURE PERMITS. 
(a) IN GENERAL.—After the Secretary promulgates 
final regulations under section 404(a), the Secretary may 
issue an offshore aquaculture permit if the Secretary de-
termines that— 
(1) the proposed offshore aquaculture facility, 
type of aquaculture operation, and cultured species 
are consistent with the purposes in section 2 and the 
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national standards for sustainable offshore aqua-
culture in section 101; 
(2) the applicant is able to comply with this Act 
and any terms and conditions prescribed under sec-
tion 404(a), is financially responsible, and will oper-
ate the offshore aquaculture facility using the best 
practicable technology and maintain it in good work-
ing order; and 
(3) issuance of the offshore aquaculture permit 
is not prohibited under section 408. 
(b) AUTHORIZED ACTIVITIES.—An offshore aqua-
culture permit holder shall be authorized to conduct off-
shore aquaculture consistent with— 
(1) this Act, including regulations promulgated 
to carry out this Act; 
(2) other applicable provisions of law, including 
regulations; and 
(3) any terms or conditions imposed by the Na-
tional Oceanic and Atmospheric Administration. 
(c) PERMIT PROCEDURE.— 
(1) APPLICATION.—An applicant for an off-
shore aquaculture permit shall submit an application 
to the Secretary. The application shall specify— 
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(A) the proposed location of the offshore 
aquaculture facility and the location of any on- 
shore facilities; 
(B) the type of aquaculture operations that 
will be conducted at all facilities described in 
subparagraph (A); 
(C) the cultured species, or a specified 
range of species, to be propagated or reared, or 
both, at the offshore aquaculture facility; 
(D) the ways in which the permit holder 
will comply with the national standards for sus-
tainable offshore aquaculture described in sec-
tion 101; 
(E) plans to respond to— 
(i) a natural disaster; 
(ii) an escapement; and 
(iii) disease; and 
(F) such other design, construction, and 
operational information as the Secretary may 
require to ensure the integrity of the applicant’s 
operations and contingency planning. 
(2) NOTICE.—Whenever the National Oceanic 
and Atmospheric Administration receives an offshore 
aquaculture permit application, the Secretary shall— 
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(A) provide notice and a copy of the appli-
cation to the Governor of every State or terri-
tory in the fisheries management region under 
the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.), 
where the proposed offshore aquaculture facility 
will be sited, and if the proposed site is within 
100 miles of another such fisheries manage-
ment region, the Secretary shall provide the 
same notice to the governor of every State and 
territory in that region; and 
(B) provide public notice and an oppor-
tunity for public comment for each offshore 
aquaculture permit application. 
(3) COMMENTS AND CONSULTATION.—The Sec-
retary shall take any comments submitted by Gov-
ernors and the public into consideration, and shall 
consult with interested parties as warranted before 
making a final decision on the disposition of an off-
shore aquaculture permit application. 
(4) DEADLINES FOR CONSIDERATION OF APPLI-
CATIONS
FOR
PERMITS.—Not later than 30 days 
after the date on which the Secretary receives an 
offshore aquaculture permit application, the Sec-
retary shall— 
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(A) notify the applicant that the applica-
tion is complete; or 
(B) notify the applicant that information is 
missing and specify any information that is re-
quired to be submitted for the application to be 
complete. 
(5) ISSUANCE OR DEFERRAL.—Not later than 
90 days after the period for public comments on a 
completed application has concluded, the Secretary 
shall— 
(A) issue the permit, if the application 
complies with the national standards for sus-
tainable offshore aquaculture in section 101, re-
quirements under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
and other applicable law; 
(B) defer the decision on the permit, if the 
Secretary determines that the application can 
be improved to meet the requirements of para-
graph (1), and provide to the applicant a notice 
that specifies any steps that the applicant could 
take for the permit to be issued; or 
(C) deny the permit, if the Secretary deter-
mines that the application does not meet the re-
quirements of paragraph (1), or any other ap-
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plicable law, and that these issues cannot be re-
mediated. 
(6) EXTENSION
OF
REVIEW.—The Secretary 
may extend the review period for an additional 90 
days if the Secretary determines that further time is 
needed to analyze the application. The Secretary 
may further extend the review period beyond the ex-
tension provided in the preceding sentence if the 
Secretary determines that the Department of Com-
merce needs more time to comply with applicable 
Federal law, provided that the Secretary’s deter-
mination states the specific actions the Department 
must undertake, together with deadlines for com-
pleting such actions. 
(d) PERMIT REQUIREMENTS.— 
(1) IN GENERAL.—An offshore aquaculture per-
mit holder shall be— 
(A) a citizen or permanent resident of the 
United States; or 
(B) a corporation, partnership, or other 
entity that— 
(i) is organized and existing under the 
laws of a State or the United States; and 
(ii) is not State-owned or majority- 
controlled by a State-owned enterprise. 
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(2) TERMS AND CONDITIONS.—Subject to sub-
section (n), the Secretary shall— 
(A) prescribe the terms and conditions that 
apply to each offshore aquaculture permit to 
achieve the national standards for sustainable 
offshore aquaculture in section 101; and 
(B) specify in each offshore aquaculture 
permit the duration, size, and location of the 
offshore aquaculture facility. 
(e) DURATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an offshore aquaculture permit shall have 
an initial 15-year duration, and may be renewed 
subject to the terms of this Act. 
(2) EXCEPTIONS.— 
(A) ENTERPRISE ZONE.—A permit issued 
for offshore aquaculture to be conducted in an 
enterprise zone as provided in section 202 shall 
have an initial 25-year duration. 
(B) OUTER
CONTINENTAL
SHELF.—The 
Secretary shall develop the duration of an off-
shore aquaculture permit subject to subsection 
(n)(1), in consultation with the Secretary of the 
Interior, except that the permit shall expire not 
later than the date that the lessee or the les-
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(3) there is an interruption of offshore aqua-
culture operations of at least 2 years in duration 
that is unrelated to best management practices or 
Federal disaster declaration. Such disaster declara-
tions shall be carried out in a manner consistent 
with title IV of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5170 
et seq.). 
(h) EXPIRATION OR REVOCATION.—Not later than 1 
year after the expiration or revocation of an offshore aqua-
culture permit, a permit holder shall— 
(1) remove all structures, gear, and other prop-
erty from the offshore aquaculture facility site; and 
(2) take such other measures to restore the site, 
as the Secretary considers necessary. 
(i) EMERGENCY DETERMINATION.—If the Secretary 
determines that an emergency exists that poses a signifi-
cant risk to the safety of humans, to the marine environ-
ment, to cultured species, to a marine species, or to the 
security of the United States and that requires suspen-
sion, modification, or revocation of an offshore aqua-
culture permit, the Secretary may suspend, modify, or re-
voke the permit for such time as the Secretary determines 
is necessary to address the emergency. The Secretary shall 
afford the permit holder a prompt post-suspension, post- 
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modification, or post-revocation opportunity to be heard 
regarding the suspension, modification, or revocation. 
(j) FEES.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—The Secretary may es-
tablish, by regulation, application fees and an-
nual offshore aquaculture permit fees under 
this section. 
(B) DEPOSIT AND COLLECTION.—The fees 
described in subparagraph (A) shall be depos-
ited as offsetting collections in the operations, 
research, and facilities account of the National 
Oceanic and Atmospheric Administration. Fees 
may be collected and made available to the ex-
tent provided in advance in appropriation Acts. 
(C) SETTING
OF
FEES.—The fees de-
scribed in subparagraph (A) shall— 
(i) be set as an amount such that the 
total revenue from such fees does not ex-
ceed the amount required to cover the 
costs of management, data collection, anal-
ysis, inspection, and enforcement activities 
related to permits under this section; and 
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(ii) provide adequate resources to 
cover the costs of the inspections required 
under section 302(f). 
(2) WAIVERS.—The Secretary may waive, in 
whole or in part, any fee under this section if an off-
shore aquaculture facility is used primarily for re-
search. 
(3) GUARANTEES.—The Secretary shall require 
a permit holder to post a bond or other form of fi-
nancial guarantee in an amount determined by the 
Secretary, to be reasonable and commensurate with 
the aquaculture operation and as sufficient to cover, 
without duplication— 
(A) any unpaid fees; 
(B) the cost of removing an offshore aqua-
culture facility at the expiration or revocation of 
an offshore aquaculture permit; 
(C) the cost of site remediation for impacts 
arising from activities; or 
(D) any other financial risks identified by 
the Secretary. 
(k) MAGNUSON-STEVENS FISHERY CONSERVATION 
AND MANAGEMENT ACT.—Beginning on the effective date 
of the final regulations promulgated under section 404, 
the conduct of offshore aquaculture that is in accordance 
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with an offshore aquaculture permit issued under this sec-
tion shall not be considered fishing for purposes of the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.). 
(l) COMPATIBILITY WITH OTHER USES.—Each Fed-
eral agency implementing this section, person subject to 
this section, and coastal State seeking to review a permit 
application under this section shall comply with the appli-
cable provisions of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.), including regulations pro-
mulgated to carry out such Act. 
(m) STATUTORY CONSTRUCTION.—An offshore aqua-
culture permit issued under this section shall not super-
sede or substitute for any other authorization required 
under Federal or State laws. 
(n) ACTIONS AFFECTING THE OUTER CONTINENTAL 
SHELF.— 
(1) NOTIFICATION OF SECRETARY OF THE IN-
TERIOR.—The Secretary shall notify the Secretary 
of the Interior for each application for an offshore 
aquaculture permit that is located on the outer con-
tinental shelf. 
(2) PRIOR CONSENT REQUIRED.—An offshore 
aquaculture facility may not be located on a lease, 
right-of-use and easement, or right of way author-
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ized or permitted under the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) without the 
prior consent of any lessee and other owner of oper-
ating interest. 
(3) COMPLIANCE
REVIEW.—The Secretary of 
the Interior shall review each agreement between a 
prospective offshore aquaculture operator and a les-
see. The Secretary of the Interior shall approve such 
agreement if it is consistent with the Federal lease 
terms, Department of the Interior regulations, and 
the Secretary of the Interior’s role in the protection 
of the marine environment, property, and human life 
or health. An agreement under this subsection 
shall— 
(A) be part of the information reviewed 
under paragraph (4); and 
(B) not be subject to a separate Coastal 
Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.) review. 
(4) COORDINATED
COASTAL
ZONE
MANAGE-
MENT ACT REVIEW.— 
(A) STATE REVIEW.— 
(i) IN
GENERAL.—A coastal State’s 
review under the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1451 et seq.) 
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shall include any modification or change to 
a lessee’s approved plan that results from, 
or is necessary for, the issuance of an off-
shore aquaculture permit if the State si-
multaneously receives— 
(I) the information related to the 
modification or change; and 
(II) the offshore aquaculture per-
mit applicant’s consistency certifi-
cation. 
(ii) SIMULTANEOUS RECEIPT.—If the 
coastal State simultaneously receives the 
information related to a modification or 
change to a lessee’s approved plan and the 
offshore aquaculture permit applicant’s 
consistency certification, then— 
(I) a lessee shall not be required 
to submit a separate consistency cer-
tification for the modification or 
change under section 307(c)(3)(B) of 
the Coastal Zone Management Act of 
1972 (16 U.S.C. 1456(c)(3)(B)); and 
(II) the coastal State’s concur-
rence (or presumed concurrence) or 
objection to the consistency certifi-
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cation for the offshore aquaculture 
permit under section 307(c)(3)(A) of 
such Act shall apply both— 
(aa) to the offshore aqua-
culture permit; and 
(bb) to any related modifica-
tion or change to a lessee’s plan 
approved under the Outer Conti-
nental Shelf Lands Act (43 
U.S.C. 1331 et seq.). 
(B) STATE
REVIEW
UNDER
SECTION 
307(c)(3)(b) OF THE COASTAL ZONE MANAGE-
MENT
ACT
OF
1972.—To the extent that a 
coastal State is not authorized by section 
307(c)(3)(A) of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1456(c)(3)(A)) to re-
view an offshore aquaculture permit application 
submitted under this Act, then a modification 
or change to a lessee’s approved plan shall be 
subject to coastal State review under section 
307(c)(3)(B) of such Act if a consistency cer-
tification for the modification or change is re-
quired under applicable Federal regulations. 
(C) DEFINITIONS.—In this paragraph: 
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(i) LESSEE’S APPROVED PLAN.—The 
term ‘‘lessee’s approved plan’’ includes a 
document for which a consistency certifi-
cation is required under applicable Federal 
regulations, such as a change to the ap-
proved plan for decommissioning a facility. 
(ii) OFFSHORE AQUACULTURE PERMIT 
APPLICANT.—The term ‘‘offshore aqua-
culture permit applicant’’ means an appli-
cant for an offshore aquaculture permit 
under this section that— 
(I) will locate the proposed facil-
ity in an area that would require con-
sent from the lessee as described in 
paragraph (2); and 
(II) is required to submit a con-
sistency certification for its aqua-
culture 
application 
under 
section 
307(c)(3)(A) of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 
1456(c)(3)(A)) to the coastal State. 
(iii) OFFSHORE
AQUACULTURE
PER-
MIT
APPLICATION.—The term ‘‘offshore 
aquaculture permit application’’ means an 
application for an offshore aquaculture 
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permit under this section that will locate 
the proposed facility in an area that would 
require consent from the lessee as de-
scribed in paragraph (2). 
(5) JOINT AND SEVERAL LIABILITY.—For off-
shore aquaculture located on a facility described 
under this subsection, a permit holder and each 
party that is or was a lessee of the lease on which 
the facility is located during the term of the offshore 
aquaculture permit shall be jointly and severally lia-
ble for the removal of any construction or modifica-
tion related to the offshore aquaculture operations if 
a bond or other form of financial guarantee under 
subsection (j)(3) for aquaculture operations is insuf-
ficient to cover those obligations. This paragraph 
shall not affect any obligation to decommission the 
facility under the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.). 
(6) ADDITIONAL AUTHORITY.— 
(A) IN GENERAL.—The Secretary of the 
Interior may, to carry out this subsection— 
(i) promulgate rules and regulations 
as necessary and appropriate; 
(ii) require and enforce any additional 
terms or conditions that the Secretary of 
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the Interior considers necessary to ensure 
the compatibility of aquaculture operations 
with activities for which permits, author-
izations, leases, negotiated agreements, 
right-of-way, or right-of-use and easement 
were issued under the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.); 
(iii) issue an order to an offshore 
aquaculture permit holder to take any ac-
tion the Secretary of the Interior considers 
necessary to ensure safe operations on the 
facility, and to protect the marine environ-
ment, property, or human life or health; 
(iv) require and enforce any additional 
terms or conditions that the Secretary of 
the Interior considers necessary— 
(I) to protect the marine environ-
ment, property, or human life or 
health; and 
(II) to ensure the compatibility of 
aquaculture operations with activities 
for which permits were issued under 
the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.); and 
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(v) enforce all requirements contained 
in the regulations, lease terms and condi-
tions, and orders under the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et 
seq.). 
(B) INTERPRETATION.—Failure to comply 
with any order issued under subparagraph 
(A)(iii) shall constitute a violation of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.). 
(o) ASSURANCE OF ANIMAL HEALTH.— 
(1) IN GENERAL.—Nothing in this section shall 
affect the authority of the Secretary of Agriculture 
to— 
(A) carry out the Animal Health Protec-
tion Act (7 U.S.C. 8301 et seq.) with respect to 
cultured species in the exclusive economic zone; 
or 
(B) operate as the lead Federal agency for 
providing animal health oversight for cultured 
species in the exclusive economic zone. 
(2) CRITERIA
FOR
PRACTICING
VETERINARY 
MEDICINE
IN
WATERS
OUTSIDE
STATE
JURISDIC-
TION.—A veterinarian may practice veterinary medi-
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cine in waters outside State jurisdiction if the veteri-
narian— 
(A) is licensed and in good standing to 
practice veterinary medicine in any State; 
(B) holds a category II veterinary accredi-
tation from the Animal and Plant Health In-
spection Service that includes completion of 
aquatic animal health modules of the Animal 
and Plant Health Inspection Service; and 
(C) has a valid veterinarian client-patient 
relationship with the facility in which he or she 
is practicing veterinary medicine. 
(p) EXISTING PERMITS AND APPLICATIONS.— 
(1) IN GENERAL.—Beginning on the date of en-
actment, any new permit issued shall be in accord-
ance with the permit authority created by this Act. 
(2) PREEXISTING PERMITS.—Permits in effect 
prior to the date of enactment shall remain in effect 
under the permit authority created by this Act. 
(3) PRIORITIZATION
OF
ACTIVE
APPLICA-
TIONS.—A permit application submitted prior to the 
date of enactment shall be eligible for priority proc-
essing under the application authority created by 
this Act. 
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SEC. 202. ENTERPRISE ZONES. 
(a) IN GENERAL.— 
(1) DEVELOPMENT.—The Secretary shall de-
velop, consistent with this section, enterprise zones 
for sustainable offshore aquaculture. 
(2) CONSULTATION WITH STATES AND TERRI-
TORIES.—The Secretary shall provide notice to the 
Governor of every State or territory in the fisheries 
management region under the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.), regarding proposed enterprise 
zone locations. When the proposed site is within 100 
miles of another such fisheries management region, 
the Secretary shall provide the same notice to the 
Governor of every State and territory in that region. 
Governors may submit comments to the Secretary, 
and the Secretary shall consult with interested Gov-
ernors in the development of enterprise zones under 
this section. 
(3) REGIONAL SITING WORKSHOPS.—The Sec-
retary shall, in each geographical region covered by 
a Regional Fishery Management Council under the 
Magnuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1801 et seq.), conduct in-
formal workshops as necessary or advisable to solicit 
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public feedback on potential sites for enterprise 
zones for sustainable offshore aquaculture. 
(4) PRELIMINARY DETERMINATION.—Based on 
public feedback under paragraph (3), the Secretary 
shall make a preliminary determination of areas of 
the exclusive economic zone that may be highly fa-
vorable for offshore aquaculture and likely compat-
ible with other uses of such areas. 
(5) PILOT PROJECTS.—In order to test the via-
bility of sustainable offshore aquaculture in an en-
terprise zone, the Secretary may support demonstra-
tion projects in each enterprise zone as warranted 
and consistent with the national standards for sus-
tainable offshore aquaculture in section 101. Such 
demonstration projects shall comply with this Act 
and all applicable Federal law. 
(6) PROGRAMMATIC
ENVIRONMENTAL
IMPACT 
STATEMENTS.—If the Secretary determines that fur-
ther sustainable offshore aquaculture is viable in a 
particular region, the Secretary shall consider and 
implement the most efficient process under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), including programmatic environmental 
impact statements, to facilitate further sustainable 
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offshore aquaculture, in accordance with the fol-
lowing: 
(A) Such programmatic environmental im-
pact statements need not cover the entirety of 
the exclusive economic zone, but the Secretary 
shall attempt to provide coverage in each area 
of the exclusive economic zone, including the 
East Coast, Gulf Coast, West Coast, and other 
areas of the Atlantic and Pacific in the jurisdic-
tion of the United States. 
(B) Nothing in this section shall be con-
strued to change, alter, or supersede the re-
quirements of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). 
(b) SPATIAL DATA.—To support the implementation 
of subsection (a), the National Oceanic and Atmospheric 
Administration shall collect and curate spatial data rel-
evant to aquaculture, and make such data publicly avail-
able. 
(c) EFFECTS
OF
DESIGNATION.—The enterprise 
zones established under this section shall— 
(1) offer a streamlined path forward for permit-
ting aquaculture facilities; 
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(2) provide the ability to conduct research on 
the individual and cumulative impacts of such oper-
ating facilities; and 
(3) determine best practices for inclusion in the 
reports established in section 405. 
TITLE III—REFINEMENTS 
SEC. 301. PROTECTION OF OFFSHORE AQUACULTURE FA-
CILITIES. 
(a) IN GENERAL.—The Secretary may promulgate 
regulations that the Secretary determines are reasonable 
and necessary to protect an offshore aquaculture facility. 
When appropriate, the Secretary shall request the Sec-
retary of the department in which the Coast Guard is op-
erating to establish a navigational safety zone around an 
offshore aquaculture facility. 
(b) NAVIGATIONAL SAFETY ZONE.—The Secretary of 
the department in which the Coast Guard is operating— 
(1) shall consult with the Secretary of the Inte-
rior before designating a navigational safety zone 
around an offshore aquaculture facility; 
(2) after consultation with the Secretary, the 
Secretary of State, and the Secretary of Defense, 
may designate a zone of appropriate size around 
(and including) an offshore aquaculture facility for 
the purpose of navigational safety; and 
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(3) may define, by regulation, permissible ac-
tivities within a navigational safety zone. 
(c) LIMITATIONS.—No installation, structure, or use 
will be allowed in a navigational safety zone that is incom-
patible with the operation of the offshore aquaculture fa-
cility. 
SEC. 302. RECORDKEEPING AND ACCESS TO INFORMATION. 
(a) REGULATIONS.—The Secretary, after consulta-
tion with other interested Federal departments and agen-
cies, shall prescribe by regulation— 
(1) the records that an offshore aquaculture 
permit holder is required to establish and maintain; 
(2) the reports that an offshore aquaculture 
permit holder is required to make; 
(3) the information that an offshore aqua-
culture permit holder is required to provide, which 
shall include— 
(A) data regarding escape events; 
(B) the prevalence of disease in the off-
shore aquaculture facility, including a descrip-
tion of veterinary services provided for treat-
ment; and 
(C) other information, as the Secretary 
may require; and 
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(4) any other recordkeeping that an offshore 
aquaculture permit holder is required to satisfy, as 
necessary to carry out this Act. 
(b) REGULATORY CONSISTENCY.—The regulations 
under subsection (a) may not amend, contradict, or dupli-
cate regulations under any other Federal law. 
(c) RECORDKEEPING.—An offshore aquaculture per-
mit holder shall— 
(1) comply with the recordkeeping regulations 
under subsection (a); and 
(2) submit such reports, and make such records 
and information available as the Secretary may re-
quest. 
(d) PUBLIC ACCESS.—The Secretary shall make re-
ports and other information received under this Act avail-
able to the public unless the Secretary determines it is 
necessary to withhold disclosure to protect confidential 
business information and sensitive personal information. 
The Secretary shall establish procedures to protect con-
fidential business information and sensitive personal infor-
mation from being disclosed. 
(e) GOVERNMENT ACCESS.—Any Federal Govern-
ment official with an official responsibility for imple-
menting and enforcing Federal law applicable to maritime 
fishing, shipping, or conservation, shall have reasonable 
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access, at all times, to an offshore aquaculture facility for 
which a permit is issued under this Act for the purpose 
of enforcing the Federal law under the official’s jurisdic-
tion or otherwise carrying out the official’s responsibilities. 
Such an official may inspect, at reasonable times, records, 
files, papers, permits, processes, controls, and the offshore 
aquaculture facility and may test any feature of the off-
shore aquaculture facility. Each inspection shall be con-
ducted with reasonable promptness. The permit holder 
shall receive timely notification, in writing, of the results 
of the inspection. 
(f) INSPECTION.— 
(1) FREQUENCY.—The Secretary shall con-
duct— 
(A) an annual inspection of offshore aqua-
culture facilities for which a permit is issued 
under this Act for the first 5 years after 
issuance of the permit; and 
(B) a biennial inspection of such facilities 
thereafter. 
(2) NOTICE.—The Secretary shall provide rea-
sonable notice prior to site inspections at offshore 
aquaculture facilities pursuant to paragraph (1). 
(3) FACILITIES LOCATED ON THE OUTER CON-
TINENTAL SHELF.—The Secretary of the Interior, or 
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a designee of such Secretary, is authorized with in-
spection authority under this section for offshore 
aquaculture facilities located on the outer conti-
nental shelf. 
SEC. 303. MARINE FEED STANDARDS. 
The Secretary shall require that any fisheries-derived 
marine feed ingredients (both first use and trimmings) 
used at offshore aquaculture facilities in the exclusive eco-
nomic zone— 
(1) are sourced from a sustainably managed 
fishery; 
(2) employ traceability sufficient to credibly 
demonstrate the ingredients were sourced from a 
sustainably managed fishery; and 
(3) are sourced from fisheries located in coun-
tries without a Tier 3 or Tier 2 Watch List rating 
as determined by the latest State Department Traf-
ficking in Persons Report, and not from vessels de-
termined by Customs and Border Protection to be 
engaged in forced labor. 
TITLE IV—ADMINISTRATIVE 
PROVISIONS 
SEC. 401. OFFICE OF OFFSHORE AQUACULTURE. 
(a) OFFICE OF OFFSHORE AQUACULTURE, HEAD-
QUARTERS.—The Secretary shall establish and provide re-
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sources for an Office of Offshore Aquaculture within the 
National Marine Fisheries Service at the National Oceanic 
and Atmospheric Administration headquarters. 
(b) OFFICE
OF OFFSHORE AQUACULTURE, RE-
GIONAL PRESENCE.—The Secretary shall establish and 
provide resources for the Office of Offshore Aquaculture 
to have a presence in each of the regional fisheries offices 
of the National Oceanic and Atmospheric Administration. 
Such presence shall, at a minimum, be sufficient to fulfill 
the duties under subsection (c), but may be increased to 
the extent warranted by the activity and interest of aqua-
culture stakeholders in the region. 
(c) DUTIES.—The Office of Offshore Aquaculture 
shall— 
(1) implement this Act; 
(2) coordinate regulatory, scientific, outreach, 
and international issues related to aquaculture with-
in the National Oceanic and Atmospheric Adminis-
tration; 
(3) coordinate offshore aquaculture outreach, 
education, extension services, and training efforts 
with the lead Federal agency, the Department of Ag-
riculture, with respect to national aquaculture infor-
mation; and 
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(4) maintain aquaculture divisions in each of 
the regional fisheries offices of the National Oceanic 
and Atmospheric Administration, including at least 
one Administration Regional Aquaculture Coordi-
nator in each such office. 
(d) OFFSHORE AQUACULTURE SUBCOMMITTEE.— 
The Marine Fisheries Advisory Committee shall designate 
the ‘‘Offshore Aquaculture Subcommittee’’ as a perma-
nent, standing subcommittee to serve as an external board 
to advise the Secretary on aquaculture. The Offshore 
Aquaculture Subcommittee shall coordinate with the Na-
tional Sea Grant Advisory Board, as appropriate. 
(e) COORDINATION.—The Office of Offshore Aqua-
culture shall coordinate its activities with the Offshore 
Aquaculture Subcommittee. 
(f) BUDGET PRESENTATION.—The National Oceanic 
and Atmospheric Administration shall transmit its budget 
request for the Office of Aquaculture as a separate line 
with the National Marine Fisheries Service. 
SEC. 402. DOMESTIC AQUACULTURE PRODUCTION. 
(a) IN GENERAL.—The Secretary of Agriculture shall 
support the development of sustainable aquaculture, con-
sistent with this Act and other applicable Federal law. 
(b) MARKETING
AND PROMOTION GRANTS.—The 
Secretary of Agriculture shall, in consultation with indus-
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try and the Department of Commerce, establish and ad-
minister a grant program to support the sale of cultured 
species domestically and internationally. 
(c) WORKFORCE DEVELOPMENT.—The Secretary of 
Agriculture shall, in consultation with industry and aca-
demic institutions, develop and manage a grant program 
to support the education and training of individuals with 
the skills needed to manage and operate aquaculture facili-
ties. 
(d) REGIONAL OFFSHORE AQUACULTURE EXPER-
TISE NETWORKS.—The Secretary shall organize through 
each regional fisheries office of the National Oceanic and 
Atmospheric Administration a network of regional experts 
and Federal agency contacts, in coordination with relevant 
organizations (including the National Sea Grant College 
Program under the National Sea Grant College Program 
Act (33 U.S.C. 1121 et seq.), the Department of Agri-
culture Regional Aquaculture Centers, land-grant univer-
sities, and the Cooperative Extension System of the De-
partment of Agriculture) to provide technical expertise 
and extension services on offshore aquaculture and infor-
mation on Federal permit requirements. 
(e) AQUACULTURE DATABASE.— 
(1) ESTABLISHMENT AND MAINTENANCE.—The 
Secretary of Agriculture shall establish and maintain 
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an aquaculture database. The aquaculture database 
shall include information on research, technologies, 
monitoring techniques, best practices, and advisory 
board recommendations. 
(2) PRIVACY AND CONFIDENTIALITY.—The Sec-
retary shall make the aquaculture database available 
in a manner that safeguards confidential business 
information and guarantees respondents to informa-
tion requests that individual information will be kept 
confidential. The inclusion of information in the 
database under this subsection shall not be consid-
ered to be publication for purposes of subsection (a) 
or (b) of section 102 of title 35, United States Code. 
(3) EXISTING DATA SOURCES.—In carrying out 
this subsection, the Secretary of Agriculture shall 
utilize preexisting data sources, including informa-
tion obtained by the National Agricultural Statistics 
Service, and information services described under 
section (5)(c) of the National Aquaculture Act of 
1980 (16 U.S.C. 2804(c)). 
SEC. 403. OUTREACH AND EDUCATION FOR OFFSHORE 
AQUACULTURE. 
The Secretary, in coordination with the Secretary of 
the Department of Agriculture, shall conduct outreach on 
sustainable offshore aquaculture to promote under-
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standing, science-based decision making, and commercial 
adoption. The Secretary, and Secretary of Agriculture, 
shall use appropriate means to engage— 
(1) the general public; 
(2) community leaders; 
(3) governmental officials; 
(4) the business community; 
(5) the academic community; and 
(6) the nonprofit sector. 
SEC. 404. ADMINISTRATION. 
(a) REGULATIONS.—The Secretary— 
(1) shall initiate a rulemaking process, not later 
than 1 year after the date of enactment of this Act, 
after consulting with relevant Federal agencies, 
coastal States, Indian Tribal governments within the 
meaning of such term in Executive Order 13175 (65 
Fed. Reg. 67249), the Commonwealth of Puerto 
Rico, American Samoa, the United States Virgin Is-
lands, Guam, the Commonwealth of the Northern 
Mariana Islands, and Regional Fishery Management 
Councils as established under section 302 of the 
Magnuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1852), to implement this 
Act, including— 
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(A) procedures to issue, modify, deny, re-
voke, or suspend an offshore aquaculture per-
mit in accordance with this Act; 
(B) procedures to coordinate the offshore 
aquaculture permitting process, with similar or 
complementary activities administered by other 
Federal agencies, Tribal governments, and 
coastal States; 
(C) procedures to monitor and evaluate 
permit compliance to verify and confirm compli-
ance with the requirements of this Act; 
(D) procedures to transfer an offshore 
aquaculture permit from an original permit 
holder to a person that meets the requirements 
under section 201; 
(E) procedures to minimize, as much as 
practicable, conflicts with existing uses in the 
exclusive economic zone; 
(F) procedures to consider public-private 
partnerships; and 
(G) standards for determining what types 
of feed may be employed in an offshore aqua-
culture facility in accordance with the require-
ments of section 303; 
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(2) shall promulgate such additional regulations 
as are necessary and appropriate to carry out this 
Act; and 
(3) may amend a regulation, at any time, and 
the amended regulation shall apply, as of its effec-
tive date, to each offshore aquaculture permit issued 
under this Act, regardless of the date the permit was 
issued. 
(b) AGREEMENTS.—The Secretary may enter into 
and perform such contracts, leases, or cooperative agree-
ments, and make and receive such grants or funds, as may 
be necessary to carry out this Act. 
(c) USE
OF CONTRIBUTED GOVERNMENTAL RE-
SOURCES.—For enforcement under this Act, the Secretary 
may use, with consent and with or without reimbursement, 
the land, services, equipment, personnel, and facilities of— 
(1) any department, agency, or instrumentality 
of the United States; 
(2) any State, local government, Indian Tribal 
government, Territory, or possession (or any polit-
ical subdivision thereof); 
(3) any foreign government; or 
(4) international organization. 
(d) AUTHORITY TO USE GRANT FUNDS.— 
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(1) IN GENERAL.—Except as provided under 
paragraph (2), the Secretary may apply for, accept, 
and obligate research grant funding from any Fed-
eral source operating a competitive grant program if 
the funding furthers the purposes of this Act. 
(2) EXCEPTION.—The Secretary may not apply 
for, accept, or obligate any research grant funding 
under paragraph (1) if the granting agency lacks au-
thority to grant funds to Federal agencies or for any 
purpose, or subject to any condition, that is prohib-
ited by law or regulation. 
(3) MATCHING
GRANT
FUNDS.—Appropriated 
funds may be used to satisfy a requirement to match 
grant funds with recipient agency funds, except that 
no grant may be accepted that requires a commit-
ment in advance of appropriations. 
(4) ACCOUNTS.—Funds received from a grant 
shall be deposited in the National Oceanic and At-
mospheric Administration account that serves to ac-
complish the purpose for which the grant was 
awarded. 
(e) RESERVATION OF AUTHORITY.—Nothing in this 
Act shall be construed to displace, supersede, or limit the 
jurisdiction, responsibilities, or rights of any Federal or 
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State agency, or Indian Tribe or Alaska Native organiza-
tion, under any Federal law or treaty. 
SEC. 405. REPORT. 
(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 and Com-
mittee on Agriculture, Nutrition, and Forestry of the Sen-
ate and the Committee on Natural Resources and Com-
mittee of Agriculture of the House of Representatives re-
garding implementation of this Act. The report shall in-
clude— 
(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 enterprise zones established 
under section 202, 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 
aquaculture and offshore aquaculture in the United 
States; 
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(6) the Secretary’s assessment of United States 
aquaculture and offshore aquaculture in comparison 
to aquaculture in other nations; and 
(7) the Secretary’s recommendations to improve 
United States aquaculture and 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. EXTENSION OF PERMIT TERMS. 
Upon a determination by the Secretary that a change 
to permit terms established under this Act is warranted, 
the Secretary is authorized to extend the terms of offshore 
aquaculture permits as follows: 
(1) An offshore aquaculture permit term under 
section 201(e)(1) may be extended to a maximum of 
an additional 15 years subsequent to a renewal 
issued under section 201(f). 
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(2) An offshore aquaculture permit term under 
section 201(e)(2)(A) may be extended to a maximum 
of an additional 25 years subsequent to a renewal 
issued under section 201(f). 
SEC. 407. INTERAGENCY COORDINATION OF OFFSHORE 
AQUACULTURE. 
(a) IN GENERAL.—The Secretary of Commerce shall 
coordinate with the Department of the Interior, the De-
partment of Agriculture, the Environmental Protection 
Agency, the Army Corps of Engineers, and the depart-
ment in which the U.S. Coast Guard is operating to sim-
plify the Federal regulatory regime for sustainable off-
shore aquaculture and safeguarding the marine environ-
ment, wild fish stocks, and coastal communities. The Sec-
retaries of the Interior, Agriculture, and the department 
in which the U.S. Coast Guard is operating, the Adminis-
trator of the Environmental Protection Agency, and the 
Chief of Engineers shall cooperate with the Secretary of 
Commerce to implement this section. 
(b) 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, Interior, Agriculture, and the depart-
ment in which the U.S. Coast Guard is operating, 
the Administrator of the Environmental Protection 
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Agency, and the Chief of Engineers shall, through 
the Secretary of Commerce, initiate a rulemaking for 
a unified permit application, public notice, public 
comment, and Federal agency comment period for 
all permits administered by such agency heads relat-
ing to offshore aquaculture. 
(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-
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cant or a prospective applicant from contacting Fed-
eral agencies directly. 
(4) ENVIRONMENTAL ANALYSIS.—To the extent 
allowable under the National Environmental Policy 
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 responses to 
applicants. 
SEC. 408. 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 
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with section 408) to access an offshore aquaculture 
facility, associated onshore facility, vessel, or other 
conveyance, subject to such person’s control, for pur-
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 fish 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; or 
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(8) 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. 409. 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 nonreimbursable 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 408; 
(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 fish (wherever found) taken, pro-
duced, imported, exported, transported, sold, re-
ceived, acquired, or purchased in any manner, in 
connection with or as a result 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 fish or fish product 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 under this Act or regulations promul-
gated under this Act, including data from vessel or 
facility monitoring systems, automatic identification 
systems, long-range identification and tracking sys-
tems, 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 subsections (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 408 shall be 
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liable to the United States for a civil penalty. 
The amount of the civil penalty shall not exceed 
the amount specified in section 308(a) of the 
Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858(a)) for each 
violation. Each day of a continuing violation 
shall constitute a separate offense. The amount 
of such civil penalty shall be assessed by the 
Secretary, by written notice. In determining the 
amount of such penalty, the Secretary shall 
take into account the nature, circumstances, ex-
tent, and gravity of the prohibited acts com-
mitted and, with respect to the violator, the de-
gree of culpability, any history of prior offenses, 
and such other matters as justice may require. 
In assessing such penalty the Secretary may 
also consider any information provided by the 
violator relating to the ability of the violator to 
pay, provided that the information is served on 
the Secretary at least 30 days prior to an ad-
ministrative hearing. 
(B) COMPROMISE OR OTHER ACTION BY 
SECRETARY.—The Secretary may compromise, 
modify, or remit, with or without conditions, 
any civil administrative penalty which is or may 
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be imposed under this subsection and that has 
not been referred to the Attorney General for 
further enforcement action. 
(2) IN REM JURISDICTION.—An offshore aqua-
culture facility, associated onshore facility, vessel, or 
other conveyance (including its gear, furniture, ap-
purtenances, stores, records, and cargo) used in the 
commission of an act prohibited by section 408 shall 
be liable in rem for any civil penalty assessed for 
such violation under this section and may be pro-
ceeded against in any district court of the United 
States having jurisdiction thereof. 
(3) COLLECTION
OF
ADMINISTRATIVE
PEN-
ALTIES.—If any person fails to pay an assessment 
of a civil penalty under paragraph (1) after it has 
become a final and unappealable order, the Sec-
retary shall refer the matter to the Attorney Gen-
eral, who shall recover the amount assessed (plus in-
terest at current prevailing rates from the date of 
the final order) in any appropriate district court of 
the United States. In such action, the validity and 
appropriateness of the final order imposing the civil 
penalty shall not be subject to review. Any person 
who fails to pay, on a timely basis, the amount of 
an assessment of a civil penalty shall be required to 
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