I 117th CONGRESS 2d Session H. R. 9477 IN THE HOUSE OF REPRESENTATIVES December 8, 2022 Mr. Lowenthal (for himself, Ms. Mace , Ms. Pingree , and Ms. Brownley ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Education and Labor , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize studies and pilot programs related to the development and production of aquaculture in the exclusive economic zone of the United States, and for other purposes.

1. Short title This Act may be cited as the Science-based Equitable Aquaculture Food Act or the SEAfood Act . 2. Definitions In this Act: (1) Adjacent coastal jurisdiction The term adjacent coastal jurisdiction means with respect to any activity proposed, conducted, or approved by the Administrator under section 5(a), any coastal State land— (A) that is used, or is scheduled to be used, as a support base for such activity; or (B) in which there is a reasonable probability of significant effect on land or water uses from such activity. (2) Administrator The term Administrator means the Administrator of the National Oceanographic and Atmospheric Administration. (3) Appropriate committees of Congress The term appropriate committees of Congress means the Committees on— (A) Natural Resources of the House of Representatives; (B) Agriculture of the House of Representatives; (C) Transportation and Infrastructure of the House of Representatives; (D) Commerce, Science, and Transportation of the Senate; (E) Environment and Public Works of the Senate; and (F) Agriculture, Nutrition, and Forestry of the Senate. (4) Environmental justice community The term environmental justice community means a community with significant representation of any of the following: (A) Individuals who reside in a census block group in which 30-percent or more of the population are individuals with an annual household income that does not exceed the greater of— (i) an amount equal to 80-percent of the median income of the area in which the household is located, as reported by the Secretary of Housing and Urban Development; or (ii) 200-percent of the Federal poverty line. (B) Individuals who reside in a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located: (i) Black. (ii) African American. (iii) Asian. (iv) Pacific Islander. (v) Other non-White race. (vi) Hispanic. (vii) Latino. (viii) Linguistically isolated. (C) Tribal or Indigenous communities. (5) Escape The term escape means the escape of juvenile- or adult-farmed organisms, viable gametes, or fertilized eggs spawned by farmed organisms from aquaculture facilities. (6) Exclusive economic zone The term exclusive economic zone has the meaning given such term in section 3(11) of the Magnuson Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802(11) ). (7) Indian Tribe The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (8) Offshore aquaculture The term offshore aquaculture means aquaculture conducted in the exclusive economic zone. (9) Pilot project The term pilot project means an aquaculture project approved under section 5. (10) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each Indian Tribe. (11) Tribal or Indigenous community The term Tribal or Indigenous community means a population of people who are— (A) enrolled members of an Indian Tribe; (B) members of an Alaska Native or Native Hawaiian community or organization; or (C) members of any other community of Indigenous people located in a State. (12) Underserved communities (A) In general The term underserved communities means women and individuals belonging to communities that have been denied consistent and systematic fair, just, and impartial treatment and have been systematically denied a full opportunity to participate in all aspects of economic, social, and civic life, including Black, Latino, Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color. (B) Inclusion In the context of the aquaculture industry, the term underserved communities , within fishing communities, may include— (i) subsistence fishery participants and their dependents; (ii) fishing vessel crews, and fish processor and distribution workers; and (iii) territorial fishing communities (including those in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands). (13) Veteran The term veteran has the meaning given such term in section 101 of title 38, United States Code. 3. GAO study (a) In general Not later than 2 years after the date of the enactment of this section, the Comptroller General shall submit a report to the appropriate committees of Congress examining aquaculture permitting, monitoring, and regulation during the 15-year period ending on the date of enactment of this section based on the available literature, case studies, and stakeholder input. (b) Contents of study The study required under subsection (a) shall— (1) consider the feasibility and potential positive and negative implications of designating a lead agency to issue aquaculture permits in a timely manner; (2) identify lessons learned during such period with respect to— (A) the implications of aquaculture type, location, and regulatory framework on project success; (B) the degree of involvement of coastal or adjacent States, Tribal groups, underserved communities, or environmental justice communities in consultation, planning, or operations of such aquaculture operations; (C) safety protocols and risk mitigation measures for the permit and oversight processes, including— (i) escape prevention measures; (ii) emergency event response planning; (iii) compliance monitoring, particularly in remote locations; (iv) compliance with Federal laws; (v) reporting mechanisms to appropriate Federal authorities, and (vi) vessel navigation aids to ensure navigational safety; (D) the effect of incentives to reduce adverse effects or disparate impacts from aquaculture operations; (E) building and optimizing synergies between aquaculture and wild-caught fishing activities, or offshore, nearshore, and onshore aquaculture activities, including market development, increasing seafood consumption, and shared infrastructure; (F) the environmental effects of marine aquaculture operations, including mechanisms to prevent harm to the environment, wildlife, or human well-being; (G) net economic and social benefits of the aquaculture projects, particularly for nearby communities (including underserved and environmental justice communities), based on project size, regulatory structures, and financing structures; (H) the impact of introducing aquaculture products to the marketplace on supply and demand for wild-capture fisheries products and methods for ensuring resiliency and growth for both aquaculture and wild-capture fisheries products; (I) mechanisms to enhance capital investment, workforce development, and equitable opportunity requirements or assistance programs in the permit process, or to diversify permit applicants; (J) outstanding needs for continued research, development, education activities, programs, and funding regarding offshore aquaculture projects and development of the domestic workforce and entrepreneurship related to offshore aquaculture; and (K) the economic potential for both large- and small-scale aquaculture operations to generate a positive return on investment under various regulatory and financing structures; and (3) make recommendations with respect to future offshore aquaculture operations, including— (A) regulatory processes necessary for permitting, monitoring, and oversight, including processes and techniques related to siting, deployment, operations, and decommissioning; (B) potential safeguards, data collection, or monitoring required to minimize disparate impacts on environmental justice communities, local economies, marine environments, and existing domestic economic sectors; (C) mechanisms for optimizing the efficiency and coordination among Federal agencies with a role in permitting aquaculture in offshore waters without compromising the goals of such permitting; (D) methods for effectively involving stakeholders, including— (i) adjacent jurisdictions; (ii) local communities; (iii) regional offshore waters users and management groups (including regional fishery management councils); and (iv) users of local, State, and Federal waters and coastal resources, including underserved communities, and environmental justice communities; (E) best practices for incorporating local knowledge, including from Tribal or Indigenous communities; (F) Federal agency capabilities that are necessary for effective regulation of the sector; and (G) how creating private rights of action or waiving sovereign immunity would facilitate or hinder the development of offshore aquaculture projects and their acceptance by nearshore and offshore waters user groups and coastal communities. 4. Study of aquaculture permitting standards (a) Study required Not later than 30 months after the date of enactment of this Act, the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine shall complete a study to develop the scientific basis for efficient and effective regulation of offshore aquaculture. (b) Considerations The study required by subsection (a) shall, with respect to offshore aquaculture— (1) identify— (A) optimal methods of operation of aquaculture facilities to promote high yields and limit adverse effects on the environment, wildlife, and human well-being, including— (i) considerations to guide siting decisions of such facilities; and (ii) appropriate stocking densities; (B) a science-based definition of sustainable aquaculture feed or other inputs; (C) potential adverse effects on the environment, wildlife, and human well-being, including from— (i) the use of antibiotics and other pharmaceuticals by aquaculture facilities, including analyses necessary to establish acceptable rates, impact levels, and risk thresholds, such as organism antibiotic consumption or metabolization versus excretion to the surrounding environment; (ii) assimilation of pollution originating from such facilities on marine organisms; (iii) the risk posed by misplaced or damaged equipment; (iv) the risk of wildlife entanglements; (v) interbreeding or the spread of disease; (vi) the source and sustainability of brood stock for offshore aquaculture operations and impacts of hatcheries and prestocking rearing operations that are specific to offshore aquaculture; (vii) large-scale cultivation of filter-feed bivalve organisms and seaweed on the marine food webs; (viii) aquaculture facilities acting as aggregating devices and increasing the vulnerability of wild fisheries and wildlife populations to fishing or other sources of mortality; and (ix) the use of nonsustainable sources of feed or other inputs; (D) potential methods and technologies to mitigate adverse effects, including those identified under subparagraph (C); (E) potential conflicts and solutions to mitigate such conflicts between offshore aquaculture facilities and other users of the offshore environment; (F) the types of data and qualitative information necessary for the optimal operation of such facilities and appropriate methods of procuring such data information, including from citizen science (as defined in section 402 of the Crowdsourcing and Citizen Science Act ( 15 U.S.C. 3724 ) and the traditional aquaculture knowledge of Tribal and Indigenous communities; (G) the applicability and sufficiency of existing regulatory systems on offshore aquaculture; (H) existing local, State, Federal, and foreign regulatory standards that may serve as models for efficient and effective regulation of offshore aquaculture; and (I) the considerations necessary to account for the effects of climate change predictive assessments on the siting and operation of offshore aquaculture facilities; and (2) provide legislative and regulatory recommendations with respect to— (A) promoting the methods of operation identified under paragraph (1)(A); (B) mitigating adverse effects identified under paragraph (2)(B); (C) environmental standards, control rules, or reference points that build upon the existing public and private standards for aquaculture sustainability; and (D) ensuring that operators of offshore aquaculture facilities adhere to international standards for social responsibility, public health, and equitable labor practices, including with respect to sourcing inputs for such facilities. 5. Assessment program for offshore aquaculture (a) Establishment Not later than 60 days after the date of enactment of this Act, the Administrator shall establish an assessment program to evaluate the following with respect to offshore aquaculture: (1) The ability of different commercial-scale facility designs and operational methods to— (A) survive various atmospheric and ocean conditions, including high wind speeds or high-energy ocean conditions associated with severe weather, without— (i) allowing escapes of cultivated organisms; (ii) loss of infrastructure; or (iii) wildlife entanglement resulting from loss or damaged infrastructure; (B) prevent adverse wildlife impacts, including entanglements of large whales, sea turtles, and other species protected under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) and the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); (C) prevent adverse impacts on the marine environment, including impacts to habitat, water chemistry, and wildlife; and (D) avoid adverse impacts on navigation and safety to existing ocean users due to aquaculture facilities, including requirements for operations, navigation, and transit associated with such facilities. (2) The ability for different technologies to provide reliable and timely data on offshore aquaculture facilities (including visual data and other relevant data types) to enable the Administrator to monitor— (A) project compliance with the requirements of subsection (b); (B) impacts on the marine environment; and (C) interference with existing uses of the water body in which the project is located. (3) The relative risks, benefits, and cost of various types of aquaculture, including different species of finfish in different geographies and under varying climactic and ecological conditions. (4) The development of performance standards for offshore aquaculture operations. (b) Pilot project selection (1) Solicitation The Administrator shall solicit and accept applications for participation in the assessment program from projects that would advance the objectives of subsection (a), including— (A) objective analyses of data from commercial-scale and other demonstration projects existing or carried out in offshore waters of the United States or other countries within the past 15 years; or (B) pilot projects proposed to be operated in the exclusive economic zone. (2) Publication The Administrator shall publish in the Federal Register a notice summarizing each application received under this section and invite and consider public comments regarding the pilot projects proposed under those applications for their inclusion in the assessment program. (3) Designation of adjacent coastal jurisdictions The Administrator shall promulgate a mechanism for identifying and designating, with respect to each pilot project application received under paragraph (1), the nearest adjacent coastal jurisdiction or jurisdictions. (4) Notice The Administrator shall provide a copy of each pilot project application to each adjacent coastal jurisdiction designated under paragraph (3). (5) Denial at the request of adjacent coastal jurisdiction If, in the 60-day period after receiving notice of a pilot project application under paragraph (4), an adjacent coastal jurisdiction requests that the Secretary rejects such application, the Secretary shall reject such application. (6) Pilot project approval Not later than 1 year after the date of the enactment of this section, the Administrator shall approve not less than 1 and not more than 4 applications for aquaculture pilot projects that— (A) cultivate species that pose minimal threat of harm to wildlife and the ecosystem in which the project is located; (B) incorporate design and operational characteristics that minimize the risk of escape, wildlife entanglement, and adverse pollution impacts; (C) have developed and are able to implement an escape response and infrastructure loss or damage plan that minimizes the impact of any escapes or infrastructure loss or damage on the marine environment and on other uses of the water body in which the project is located; (D) comply with all applicable requirements of the Clean Water Act ( 33 U.S.C. 1851 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (E) are compatible with, and prevent or minimize displacement of, existing uses and users of the marine environment in which it is located; (F) will conform to best practices to avoid or minimize the use of antibiotics and other pharmaceuticals and minimize the release of such pharmaceuticals into the environment; and (G) will be conducted over a period of 5 years. (7) Aquaculture Opportunity Area The Administrator may elect to site a project approved under this section in an Aquaculture Opportunity Area. (8) Permit The Administrator shall issue the appropriate permits to allow each pilot project approved under paragraph (6) to conduct offshore aquaculture activities in the exclusive economic zone in accordance with this Act. (c) Priority consideration In considering pilot project applications, the Administrator shall give priority consideration to pilot projects owned or operated by— (1) veterans, or entities in which a veteran or veterans have a majority ownership interest; (2) members of an environmental justice community or underserved community, or entities in which a member or members of an environmental justice community or underserved community have a majority ownership interest; (3) entities that primarily serve or employ members of an environmental justice community or underserved community; or (4) applicants who can demonstrate that the pilot project will directly benefit individuals who are already participating in the agricultural, wild-caught fishery, and aquaculture industries who have been negatively impacted by the COVID–19 pandemic, natural disasters, or disaster declarations. (d) Interim final rule The Administrator may make an interim final rule to implement the requirements under this section. (e) Assessment program participant reporting (1) Data and monitoring The owner or operator of each commercial-scale demonstration project or pilot project approved for inclusion in the assessment program under this section shall submit such documentation, in such time, place, and manner as the Administrator determines appropriate, including— (A) production data; (B) interactions with wild species, mitigation measures taken, and the result; (C) technology and operational practices used to measure and monitor effluent, integrity of cage materials and other gear, and health of the cultivated species; (D) environmental and ecosystem impacts; (E) data necessary to assess the considerations described in section 4(b); (F) information necessary for the Secretary to make a revocation or modification determination under subsection (f); (G) owner, operator, and employee demographic data and other relevant data as determined by the Administrator for purposes of assessing the pilot project’s direct benefits to environmental justice communities and the economic and social benefits for nearby coastal communities; (H) navigation and safety impacts to existing ocean users; and (I) such additional information as the Administrator requires to fulfill the goals and objectives of the assessment program. (2) Technical assistance The Administrator shall, upon request, provide technical assistance to owners and operators of commercial-scale demonstration projects and pilot projects to comply with the reporting requirements of this section. (3) Emergency reporting The Administrator shall establish an emergency reporting process for each owner or operator of an aquaculture pilot project approved under this section to immediately report suspected or known interactions between pilot project facilities or vessels and protected wild species. (f) Authority To revoke or modify pilot project participation The Administrator may require modifications to, or terminate pilot project participation under this section, and order the removal of an offshore aquaculture facility authorized to operate under this section if— (1) the project incurs an incident involving a death or serious personal injury, and the Administrator determines that project operator negligence was the cause or a contributing factor to such incident; (2) operation of the project results in a violation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) or the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); (3) the pilot project owner or operator fails to comply with all of the terms and conditions of the pilot program approval or modifications required by the Administrator under this subsection; or (4) the Administrator determines that continued participation in the pilot program by the project would be unsafe or result in unacceptable negative impacts to the marine environment or nearby communities, or other users of the water body in which the project is located. (g) Reports (1) Annual reports Not later than 2 years after the date of enactment of this Act and annually thereafter for the duration of the assessment program, the Administrator shall publish, make available to the public, and submit to aquaculture stakeholders (including each adjacent coastal jurisdiction and each affected Tribal or Indigenous community, regional fishery management council, interstate fisheries commission, conservation organization, and fisheries association) a report that includes the following information: (A) A description of each approved pilot project. (B) In the first report, documentation supporting selection of each approved pilot project. (C) A summary of the information reported to the Administrator under subsection (e) for each approved pilot project. (D) a description of the progress made toward meeting the goals described in subsection (a). (2) Final report Not later than 1 year after the date of the completion of the assessment program, the Administrator shall submit to the appropriate committees of Congress a report describing the results of the pilot program that includes the following information: (A) An evaluation based on data from the assessment program of the opportunities and risks of offshore aquaculture regarding— (i) marine ecosystems; (ii) other users of the exclusive economic zone; (iii) other ecosystems goods and services; (iv) social and economic impacts to nearby communities, including cumulative impacts and impacts on environmental justice communities, low-income communities, and communities of color; (v) best practices to mitigate risks; and (vi) best practices to prevent disparate impacts. (B) Any recommendations of the Administrator for amendments to statutes or regulations and the establishment of performance standards for offshore aquaculture siting and operations, that— (i) would minimize risks posed by aquaculture operations to marine ecosystems; (ii) would enhance the safe operation of aquaculture facilities, service vessels, and associated activities; (iii) prevent displacement of existing uses and users; and (iv) are technically, operationally, and economically feasible. 6. Aquaculture centers of excellence (a) Minority aquaculture research and entrepreneurship grants (1) In general Not later than 1 year after the date of the enactment of this section, the Administrator shall establish the Aquaculture Centers of Excellence program to award grants to covered institutions to assist in establishing or enhancing an aquaculture curriculum for undergraduate or graduate courses of study at such covered institutions. (2) Applications To be eligible for a grant under this section, a covered institution shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines appropriate, including any plans to partner with other institutions of higher education pursuant to paragraph (4). (3) Grant uses A covered institution receiving a grant under this section— (A) shall use such grant funds to establish or enhance an aquaculture curriculum for undergraduate or graduate studies that includes— (i) training in various skill sets needed by successful aquaculture entrepreneurs, including— (I) business management, strategic planning, business plan development, capital financing and fundraising, financial management and accounting, market analysis and competitive analysis, and market entry and strategy execution; and (II) any other skill sets specific to the needs of the student population and the surrounding community, including social and environmental sustainability, as determined by the institution; (ii) natural and social science research programs in aquaculture and natural fisheries, including offshore aquaculture; (iii) development of extension programs (or cooperation with existing extension programs) that educate and engage community members, including elementary and secondary school students, on aquaculture and aquaculture career pathways that transfer newly developed techniques and research information developed or collated at the covered institution to aquaculture practitioners; and (iv) career development, such as the establishment of cooperatives, apprenticeships, mentorships, accelerators, or grant competitions; and (B) may only use such grant funds for expenses directly related to the implementation of the curriculum or activities authorized by this section. (4) Partnerships In applying for and carrying out activities with grants under this section, a covered institution may partner with other institutions of higher education with established aquaculture programs, including institutions of higher education not otherwise eligible for grants under this section, to facilitate the sharing of resources and knowledge necessary for aquaculture curriculum development or enhancement at the covered institution. (5) Grant limitations A grant awarded under this section may only be used for expenses directly related to the implementation of the curriculum or activities authorized by this section. (6) Authorization of Appropriations There is authorized to be appropriated to carry out this section $25,000,000 to remain available until expended, for each of fiscal years 2023 through 2027. (b) Definitions In this section: (1) Covered institution The term covered institution means— (A) a minority-serving institution; (B) a historically Black college or university; or (C) a Tribal College or University. (2) Historically Black college or university The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Minority-serving institution The term minority-serving institution means an eligible institution described in paragraphs (2), (4), (5), (6), and (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (5) Tribal College or University The term Tribal College or University means and institution described in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ) that is chartered under the sovereign authority of its respective Tribal Nation or by the Federal Government. 7. Rule of construction Any requirement in this Act to identify or consider an impact or effect on human health, the environment, or the climate shall include a requirement to make such identification or consideration while taking into account— (1) the cumulative impact of such impact or effect in the context of all sources of emissions, discharges, or releases from any source, past, present, or in the reasonably foreseeable future, on the affected environment and population; (2) any characteristics of such environment and population that may heighten vulnerability to environmental pollution and related health risks; and (3) any action or practice that, even if appearing neutral, has the effect of subjecting individuals to discrimination on the basis of race, color, or national origin.