[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6258 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6258
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
December 14, 2021
Mr. Palazzo (for himself and Mr. Case) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture, and Transportation and
Infrastructure, 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 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--NATIONAL STANDARDS
Sec. 101. National standards for sustainable aquaculture.
Sec. 102. National plan to identify and designate aquaculture
opportunity areas.
Sec. 103. Aquaculture outside of an aquaculture opportunity area.
TITLE II--CORE ACTIVITIES
Sec. 201. Aquaculture management plans.
Sec. 202. Offshore aquaculture permits.
Sec. 203. Research and development grant program.
Sec. 204. Economic soundness.
TITLE III--REFINEMENTS
Sec. 301. Recordkeeping, inspections, and access to information.
Sec. 302. Marine feed standards.
Sec. 303. Marine use rights.
TITLE IV--ADMINISTRATIVE PROVISIONS
Sec. 401. Office of Aquaculture.
Sec. 402. Support for industry.
Sec. 403. Outreach and education.
Sec. 404. Administration.
Sec. 405. Report and permit terms.
Sec. 406. Federal coordination.
Sec. 407. Prohibited acts.
Sec. 408. Enforcement.
Sec. 409. Authorization of appropriations.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to support the development of a sustainable marine
aquaculture industry in the United States and enhance access to
investment capital;
(2) to develop sustainable marine aquaculture to complement
sustainable fisheries and ecosystem-based management;
(3) to clarify the Federal regulatory regime for
sustainable offshore aquaculture and safeguard the marine
environment, wild fish stocks, and our coastal communities;
(4) to support research and technology development 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 participants; and
(6) to reduce the United States seafood trade deficit by
expanding the domestic supply of seafood through the production
of sustainable offshore aquaculture.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aquaculture.--The term ``aquaculture''--
(A) means any activity involved in the propagation,
rearing, or attempted propagation or rearing, of
cultured species, including the capture and rearing of
broodstock;
(B) does not include the practice of capturing
juvenile finfish to rear to maturity in an aquaculture
facility for subsequent commercial sale; and
(C) does not include the practice of rearing and
releasing cultured species for the purpose of enhancing
wild populations.
(2) Aquaculture stakeholder.--The term ``aquaculture
stakeholder'' means owners and operators of offshore
aquaculture facilities, Regional Fishery Management Councils,
interstate fisheries commissions, conservation organizations,
fisheries associations, State, county, and federally recognized
Indian Tribes, and other interested parties. The term also
includes other Federal agencies that have interests in
aquaculture.
(3) Coastal state.--Except as otherwise specifically
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) Cultured species.--The term ``cultured species'' means
any species propagated and reared for marine aquaculture. The
term includes larval marine shellfish species that self-recruit
in the offshore environment. The term excludes any member of
the class aves, reptilia, or mammalia.
(5) Exclusive economic zone.--
(A) In general.--Unless otherwise specified 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
of the territorial sea is measured (except as
established by a maritime boundary treaty in force or
being provisionally applied by the United States or, in
the absence of such a treaty, 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 territorial 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 boundary of
each such State, as described in section 4 of
the Submerged Lands Act (43 U.S.C. 1312);
(ii) in the case of the Commonwealth of
Puerto Rico, a line 9 nautical miles from the
coastline of the Commonwealth of Puerto Rico;
(iii) in the case of American Samoa, the
United States Virgin Islands, or Guam, a line 3
geographic miles from the coastlines of
American Samoa, the United States Virgin
Islands, or Guam, respectively;
(iv) in the case of the Commonwealth of the
Northern Mariana Islands--
(I) the coastline of the
Commonwealth of the Northern Mariana
Islands, until the Commonwealth of the
Northern Mariana Islands is granted
authority by the United States to
regulate all fishing to a line seaward
of its coastline; and
(II) upon the United States grant
of such authority, the line established
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 definition may
be construed to diminish the authority of the
Department of Defense, the Department of the Interior,
or any other Federal department or agency.
(6) Healthy target stock.--The term ``healthy target
stock'' means a component of a fishery managed in a similar or
equivalent way to fisheries managed under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) or by a United States interstate marine fisheries
commission, or a component of a fishery targeted for harvest
that is not overfished or experiencing overfishing.
(7) 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.).
(8) Multi-trophic aquaculture.--The term ``multi-trophic
aquaculture'' means an assemblage of cultured species grown in
close enough proximity to one another so that cultured species
provide ecosystem services to one another.
(9) Offshore aquaculture.--The term ``offshore
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 specifically provided,
the term ``Secretary'' means the Secretary of Commerce, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere.
(12) Sustainably managed fishery for aquaculture feed.--The
term ``sustainably managed fishery for aquaculture feed'' means
a fishery that is used for feed and 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.
TITLE I--NATIONAL STANDARDS
SEC. 101. NATIONAL STANDARDS FOR SUSTAINABLE AQUACULTURE.
(a) Relation to Current Law.--Nothing in this Act shall be
construed in derogation of applicable law, and offshore aquaculture
operations shall comply with all applicable statutes, rules, and
regulations. In order to ensure that implementing regulations for
applicable statutes appropriately account for the unique considerations
arising from offshore aquaculture, the Secretary shall comply with the
following:
(1) With respect to regulations administered by the
Department of Commerce or National Oceanic and Atmospheric
Administration, the Secretary shall review such regulations in
accordance with this subsection and update any regulations as
appropriate or necessary.
(2) With respect to Federal regulations not administered by
the Department of Commerce or National Oceanic and Atmospheric
Administration, the Secretary shall confer with appropriate
officials to review such regulations in accordance with this
subsection. After such review, the Agency that administers the
regulations may, as appropriate or necessary, update such
regulations.
(b) National Standards.--Any designation and establishment of an
aquaculture opportunity area, any aquaculture management plan prepared,
any regulation promulgated, and any permit granted, pursuant to this
Act, shall--
(1) encourage development of United States offshore
aquaculture while remaining consistent with environmental
requirements established by law;
(2) be based on the best scientific information available,
taking into account traditional knowledge;
(3) be adaptive to offshore aquaculture development,
accounting for updates in technology and changes in
environmental conditions;
(4) prefer species that are native or historically
naturalized to the region; and
(5) prioritize the health of cultured species.
(c) Guidelines.--The Secretary shall establish advisory guidelines
(which shall not have the force and effect of law), based on the
national standards, to assist in the development of aquaculture
management plans, and regulations promulgated and permits granted
pursuant to this title.
(d) Periodic Review.--The Secretary shall periodically review the
advisory guidelines established under subsection (c), as needed, but
not less often than once every 5 years, to determine whether changed
circumstances, advances in science, or improved management practices
warrant an amendment or update to the guidelines.
SEC. 102. NATIONAL PLAN TO IDENTIFY AND DESIGNATE AQUACULTURE
OPPORTUNITY AREAS.
(a) Relation to Current Law.--Nothing in this section shall be
construed in derogation of applicable law in effect on the date of
enactment of this Act regulating or restricting the use of the
exclusive economic zone, and the Secretary shall comply with all such
applicable law when proposing, designating, and operating an
aquaculture opportunity area under this section. In order to ensure
that implementing regulations for applicable statutes appropriately
account for the unique considerations arising from offshore
aquaculture, the Secretary shall comply with the following:
(1) With respect to regulations administered by the
Department of Commerce or National Oceanic and Atmospheric
Administration, the Secretary shall review such regulations in
accordance with this subsection and update any regulations as
appropriate or necessary.
(2) With respect to Federal regulations not administered by
the Department of Commerce or National Oceanic and Atmospheric
Administration, the Secretary shall confer with appropriate
officials to review such regulations in accordance with this
subsection. After such review, the Agency that administers the
regulations may, as appropriate or necessary, update such
regulations.
(b) National Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall, consistent with
this section, develop a plan and timeline to systematically--
(A) assess the exclusive economic zone;
(B) prepare an inventory of sites suitable for
aquaculture opportunity areas; and
(C) designate aquaculture opportunity areas.
(2) Designation.--The Secretary may designate an
aquaculture opportunity area prior to completion of the entire
inventory under paragraph (1)(B) for locations where the
Secretary has completed the assessment under paragraph (1)(A)
and developed an aquaculture management plan as required under
subsection (f)(1).
(c) Assessment of the Exclusive Economic Zone; Inventory.--The
Secretary shall conduct the assessment and prepare the inventory
described in subsection (b) using relevant scientific, social, and
economic data, and engagement with aquaculture stakeholders and the
public as provided in subsection (e). In conducting the assessment, the
Secretary may consider a cluster of locations in close proximity with
similar conditions as a single inventory item, provided that each of
the locations meets the criteria established in this section. Based on
the factors listed in subsection (d) and the national standards in
section 101, the Secretary shall make a determination based on the
totality of the circumstances whether a site under consideration is
suitable for sustainable offshore aquaculture. If the Secretary
determines that a site is suitable, then the site shall be listed in
the inventory, along with--
(1) a description of the site, including its coordinates
and a map;
(2) a thorough evaluation of each factor described in
subsection (d), and the Secretary's findings regarding each of
those factors; and
(3) an analysis of how these findings justify the
Secretary's determination that the site is suitable for
sustainable offshore aquaculture.
(d) Factors for Assessment.--In order to conduct the assessment in
subsection (c), the Secretary shall consider the following factors:
(1) The oceanographic characteristics of the site.
(2) The bathymetry and availability of areas for anchors,
moorings, and other gear.
(3) Current and possible future human uses of the site, and
the areas in reasonable proximity to the site.
(4) Current and possible future conservation uses of the
site, and the areas in reasonable proximity to the site.
(5) Potential impacts to wild fisheries from the escape of
cultured species, or from cultured species becoming invasive or
hybridizing with wild stocks within the region.
(6) Potential benefits from multi-trophic aquaculture,
where cultured species provide ecosystem services to one
another.
(7) Availability of shore-side fishery infrastructure and
other land-based support facilities to support offshore
aquaculture operations.
(8) Expected socioeconomic impacts from operations on
adjacent coastal communities.
(9) Other factors that the Secretary determines are
appropriate.
(e) Engagement.--In conducting the assessment and inventory under
subsection (c), the Secretary shall conduct engagement with aquaculture
stakeholders and the public as follows:
(1) Public meetings and workshops.--The Secretary shall
conduct public meetings to inform interested aquaculture
stakeholders about the intent to include a site in the
inventory, share information about the process, and solicit
public feedback, including written comments. In addition to
public meetings, the Secretary may, consistent with the Federal
Advisory Committee Act (5 U.S.C. App.), convene workshops of
particular aquaculture stakeholders or aquaculture stakeholder
groups to provide insight, information, and comments to support
the assessment and inventory process.
(2) Consultation with states, tribes, and territories.--The
Secretary shall consult with States, federally recognized
Indian Tribes, and territories adjacent to or within 100 miles
of a site under consideration for the inventory. Such States,
federally recognized Indian Tribes, and territories may submit
comments to the Secretary, and the Secretary shall consider
such comments in the assessment and inventory process.
(f) Designation and Establishment of Aquaculture Opportunity
Area.--
(1) In general.--In order to designate and establish an
aquaculture opportunity area, the Secretary shall select a site
from the inventory prepared under subsection (c), and develop
an aquaculture management plan under section 201. In the event
that the Secretary determines the site is not viable during the
development of the aquaculture management plan, the Secretary
may abandon consideration of the site, and revise the inventory
accordingly.
(2) State petition.--The Governor of any coastal State or
territory, or a Tribal government in a fisheries management
region under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), may submit a request
in writing to the Secretary to petition for locating an
aquaculture opportunity area, or a group of aquaculture
opportunity areas, in reasonable proximity to the location of
the requesting State, territory, or Tribal government. The
Secretary shall evaluate the petition and may designate an
aquaculture opportunity area or group of aquaculture
opportunity areas as provided in this section.
(3) Initial and subsequent establishment of aquaculture
opportunity areas.--The Secretary shall initially establish at
least 2 aquaculture opportunity areas from the inventory
developed under subsection (b) not later than 1 year after the
date of enactment of this Act. Each year thereafter, the
Secretary shall establish not less than 1 additional
aquaculture opportunity area from the inventory until all sites
from the inventory have been considered.
(4) Adjustment of existing aquaculture opportunity areas.--
The Secretary may adjust the dimensions of an established
aquaculture opportunity area as necessary, while accounting for
impacts to operating aquaculture facilities, the state of
science, the cost-benefit ratio of the adjustment, and comments
from aquaculture stakeholders and the general public.
(g) Demonstration Projects.--In order to test the viability of
sustainable offshore aquaculture in a site listed on the inventory, the
Secretary may support demonstration projects in an inventory site to
assist in developing the required contents for an aquaculture
management plan. Such demonstration projects shall be carried out in a
manner that is consistent with the national standards in section 101.
Demonstration projects may include multidisciplinary research to revive
and adapt traditional aquaculture systems, such as open sea ponds, to
support the needs of modern communities.
(h) Study on Aquaculture Opportunity Areas in State Waters.--Not
later than 18 months after the date of enactment of this Act, the
Secretary shall conduct a study of the feasibility of allowing States
to petition for aquaculture opportunity areas in their waters. The
study shall include information and analysis on the benefits of
aquaculture opportunity areas in State waters and identify barriers to
implementation.
(i) Regulations.--The Secretary may promulgate regulations
governing the process for implementing this section.
(j) Spatial Data.--To support the implementation of this section,
the National Oceanic and Atmospheric Administration shall collect and
curate spatial data relevant to aquaculture and make such data publicly
available, unless otherwise restricted by law.
SEC. 103. AQUACULTURE OUTSIDE OF AN AQUACULTURE OPPORTUNITY AREA.
(a) Definitions.--In this section--
(1) the term ``site proponent'' means a nongovernmental
entity that assesses a site and develops an aquaculture
management plan for that site in accordance with subsection
(c); and
(2) the term ``notice of intent'' means a written document
that communicates the site proponent's intention to develop an
offshore aquaculture site, and includes the location, type of
aquaculture, cultured species, and other information the
Secretary requires.
(b) Aquaculture Outside of an Aquaculture Opportunity Area.--
Offshore aquaculture may be conducted outside of an aquaculture
opportunity area only as provided in this section.
(c) Process and Regulations.--
(1) In general.--The Secretary shall develop a process and
promulgate regulations, consistent with this section, to allow
a site proponent to, at its own expense--
(A) assess sites smaller than an aquaculture
opportunity area for offshore aquaculture in an
exclusive economic zone;
(B) develop aquaculture management plans for those
sites;
(C) submit a notice of intent and application to
the Secretary requesting approval to conduct
aquaculture at the site; and
(D) apply for a permit under section 202.
(2) Process.--The process developed by the Secretary shall
include--
(A) the process for submitting a notice of intent,
publishing the notice of intent, and soliciting
comments under subsection (d);
(B) the form of application to be used by the site
proponent;
(C) the required contents of the application,
including an analysis of the factors in section 102(d)
and the items in section 201(c);
(D) a process for submitting the comments received
under subsection (d), along with the disposition of
each; and
(E) a timeline for the Secretary's consideration
and action on the application, which may be either to
approve, deny, or request more information.
(d) Notice of Intent.--
(1) In general.--The Secretary shall require each site
proponent that is assessing a site under subsection (c)(1) to
submit a notice of intent before developing an aquaculture
management plan or submitting an application under this
section. The Secretary, acting through the National Oceanic and
Atmospheric Administration, shall--
(A) publish the notice of intent, together with
information on the process under subsection (c)(2);
(B) deliver the notice of intent, together with
information on the process under subsection (c)(2),
to--
(i) States and federally recognized Indian
Tribes within 100 miles of the proposed site;
and
(ii) any local governments within 10 miles
of the proposed site;
(C) convene meetings with aquaculture stakeholders
and the public--
(i) to solicit public comment, including
written comments, to be shared with the site
proponent; and
(ii) including, at a minimum--
(I) at least 1 public meeting for
aquaculture stakeholders; and
(II) meetings with State, local,
and Tribal government representatives;
and
(D) consult with interested Federal agencies.
(2) Comments.--States, federally recognized Indian Tribes,
and local governments described in paragraph (1)(B) may submit
comments on the notice of intent to the Secretary, which shall
be shared with the site proponent.
(e) Management Plan.--Each site proponent shall include all
comments received under subsection (d) in the aquaculture management
plan, along with a disposition of each.
TITLE II--CORE ACTIVITIES
SEC. 201. AQUACULTURE MANAGEMENT PLANS.
(a) Development and Adoption.--In order to implement this Act, the
Secretary shall develop and adopt for aquaculture opportunity areas
established under section 102, or locations where multiple aquaculture
opportunity areas may be suitable for establishment--
(1) an aquaculture management plan; and
(2) amendments to each such plan that are necessary from
time to time.
(b) Overlapping Management Areas.--The Secretary may use a single
aquaculture management plan for multiple aquaculture opportunity areas
where such areas are within reasonable proximity to each other and
sufficiently similar.
(c) Engagement.--Prior to developing, adopting, or amending an
aquaculture management plan under this section, the Secretary, acting
through the National Oceanic and Atmospheric Administration, shall meet
with aquaculture stakeholders and the public to solicit their comments,
and consult with interested Federal agencies. Such comments shall be
duly reported in an addendum to the aquaculture management plan, along
with a disposition of each. At a minimum, meetings under this
subsection shall include--
(1) at least one public meeting for aquaculture
stakeholders; and
(2) meetings with State, local, and Tribal government
representatives.
(d) Required Contents.--An aquaculture management plan that is
prepared by the Secretary under this title shall--
(1) include information and analysis that the Secretary
determines is appropriate to establish common reference points
for conducting aquaculture in the aquaculture opportunity area;
(2) specify parameters and guidance for conducting
aquaculture in the aquaculture opportunity area, based on the
information and analysis under paragraph (1), including--
(A) the geographic boundaries of the aquaculture
opportunity area;
(B) the number of sites that each aquaculture
opportunity area will support;
(C) the species allowed for aquaculture in the
aquaculture opportunity area;
(D) standards for the structural integrity of
aquaculture facilities to prevent the escape of
cultured species; and
(E) contingency plans that will be required, along
with standards for such plans, for events including--
(i) severe weather;
(ii) escape of cultured species;
(iii) situations affecting, or
compromising, the health of cultured species;
and
(iv) other contingencies the Secretary
identifies;
(3) describe how the Secretary will monitor aspects of
aquaculture in the aquaculture opportunity area in order to
support compliance with this Act, including--
(A) escape of cultured species;
(B) situations affecting, or compromising, the
health of cultured species;
(C) the economic and commercial productivity of the
aquaculture opportunity area; and
(D) other matters the Secretary identifies; and
(4) prescribe such other measures, requirements, or
conditions and restrictions as are determined to be necessary
and appropriate for implementation of this Act.
(e) Implementing Regulations.--The Secretary shall develop and
adopt regulations determined to be necessary and appropriate to
implement an aquaculture management plan or plan amendment developed
under this section.
(f) Periodic Review.--The Secretary shall periodically review plans
developed under subsection (a) as needed, but not less often than once
every 5 years, to determine whether changed circumstances, advances in
science, or improved management practices warrant an amendment or
update to the plan.
SEC. 202. 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 determines that--
(1) the proposed offshore aquaculture facility, type of
aquaculture operation, and cultured species are consistent with
the purposes in section 2 and the national standards for
sustainable offshore aquaculture in section 101;
(2) the proposed offshore aquaculture facility, type of
aquaculture operation, and cultured species are consistent with
an established aquaculture management plan, or the permit
applicant has provided the Secretary with sufficient
information and analysis, such as would be included in an
established aquaculture management plan, to merit issuance, if
the permit is intended to be located outside of an aquaculture
opportunity area;
(3) the applicant is able to comply with this Act and any
terms and conditions prescribed under section 404(a), is
financially responsible, and will operate the offshore
aquaculture facility using the best practicable technology and
maintain it in good working order; and
(4) issuance of the offshore aquaculture permit is not
prohibited under section 407.
(b) Authorized Activities.--An offshore aquaculture permit holder
shall be authorized to conduct offshore 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 National Oceanic
and Atmospheric Administration.
(c) Permit Procedure.--
(1) Application.--An applicant for an offshore aquaculture
permit shall submit an application to the Secretary. The
application shall specify--
(A) the proposed location of the offshore
aquaculture facility and the location of on-shore
facilities used for propagation or rearing of cultured
species, such as hatcheries or research operations;
(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 source of eggs, larvae, or juvenile
cultured species that will be used in aquaculture
operations, an analysis of the likely impacts on wild
populations and habitats, such as prevention of the
spread of pathogens, and the information upon which the
assessment was made;
(E) plans to respond to--
(i) a natural disaster;
(ii) an escapement;
(iii) disease; and
(iv) other circumstances designated by the
Secretary; 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--
(A) provide notice and a copy of the application to
the Governor of every State or territory adjacent to or
within 100 miles of the proposed site and to the
federally recognized Indian Tribes within those States;
and
(B) provide public notice and an opportunity for
public comment for a period of not less than 60 days
for each offshore aquaculture permit application.
(3) Comments and consultation.--The Secretary shall take
any comments submitted by Governors and the public into
consideration, and shall consult with interested aquaculture
stakeholders as warranted before making a final decision on the
disposition of an offshore aquaculture permit application.
(4) Deadlines for consideration of applications for
permits.--Not later than 30 days after the date on which the
Secretary receives an offshore aquaculture permit application,
the Secretary shall--
(A) notify the applicant that the application is
complete; or
(B) notify the applicant that information is
missing and specify any information that is required 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 provisions of this Act, including the national
standards for sustainable offshore aquaculture in
section 101, requirements 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 paragraph (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, providing a justification for
the Secretary's determination that the application does
not meet the requirements of paragraph (1), or any
other applicable law, and that these issues cannot be
remediated.
(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 extension provided in the preceding sentence if the
Secretary determines that the Department of Commerce needs more
time to comply with applicable Federal law, provided that the
Secretary's determination states the specific actions the
Department must undertake, together with deadlines for
completing such actions.
(d) Permit Requirements.--
(1) In general.--An offshore aquaculture permit 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 the United States or a U.S. State; and
(ii) is not owned by a foreign nation or
majority-controlled by a foreign nation.
(2) Terms and conditions.--Subject to subsection (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 an applicable aquaculture
management plan and implementing regulations developed
under section 201; and
(B) specify in each offshore aquaculture permit the
duration, size, and location of the offshore
aquaculture facility.
(3) Statutes and regulations.--Offshore aquaculture permits
are subject to this Act, regulations promulgated pursuant
thereto, and other statutes and regulations in existence upon
the effective date of the permit. When promulgating
regulations, the Secretary shall indicate whether and to what
extent the regulations apply to existing offshore aquaculture
permits.
(e) Duration.--
(1) In general.--Except as provided in paragraph (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) Aquaculture opportunity areas.--A permit issued
for offshore aquaculture to be conducted in an
aquaculture opportunity area as provided in section 102
shall have an initial 25-year duration.
(B) Outer continental shelf.--The Secretary shall
develop the duration of an offshore aquaculture permit
subject to subsection (o)(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
lessee's operator submits, to the Secretary of the
Interior, a final application for the decommissioning
and removal of an existing facility upon which an
offshore aquaculture facility is located.
(f) Transfer.--A permit may be transferred as provided under this
subsection, provided that the permit is still valid, and has not been
amended due to emergency circumstances. To propose a transfer, a
permittee shall submit an application to the Secretary, and the
Secretary shall review and make a determination of whether to approve,
deny, or request additional information not later than 60 days after
the date of receipt of the application. The application shall include--
(1) notice to the Secretary of the intention to transfer;
(2) the reason for the transfer;
(3) the identity of the transferee, and whether the
transferee holds, has held, or is applying for a permit under
this Act;
(4) the transferee's assumption of responsibility,
coverage, and liability for activities performed under the
permit, as of the effective date of the transfer; and
(5) any additional information requested by the Secretary.
(g) Renewal.--The Secretary may renew an offshore aquaculture
permit that has not been revoked for an additional 15-year period, as
provided in subsection (e), before the end of the original permit's
duration, if--
(1) the permit or amended permit complies with existing
requirements;
(2) the permit holder has not been subject to sanctions
under section 408 or committed a prohibited act under such
section;
(3) the permit has not been modified because of emergency
considerations; and
(4) notice under subsection (c)(2) has been given.
(h) Revocation.--The Secretary may, pursuant to regulations issued
under this Act, revoke an offshore aquaculture permit, if--
(1) the permit holder commits a prohibited act under
section 407;
(2) the permit holder fails to begin offshore aquaculture
operations within 2 years from the date the required Federal
permits are obtained; or
(3) there is an interruption of offshore aquaculture
operations of at least 2 years in duration that is unrelated to
best management practices.
(i) Expiration or Revocation.--Not later than 1 year after the
expiration or revocation of an offshore aquaculture permit, a permit
holder shall--
(1) remove all structures, gear, and other property from
the offshore aquaculture facility site; and
(2) take such other measures to restore the site, as the
Secretary considers necessary.
(j) Emergency Determination.--If the Secretary determines that an
emergency exists that poses a significant risk to the safety of humans,
to the marine environment, to cultured species, or to the security of
the United States and that requires suspension, modification, or
revocation of an offshore aquaculture permit, the Secretary may
suspend, modify, or revoke 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-modification,
or post-revocation opportunity to be heard regarding the suspension,
modification, or revocation.
(k) Fees.--
(1) Establishment.--
(A) In general.--The Secretary may establish, by
regulation, application fees and annual offshore
aquaculture permit fees under this section.
(B) Deposit and collection.--The fees described in
subparagraph (A) shall be deposited 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 extent provided in advance in
appropriation Acts.
(C) Setting of fees.--The fees described in
subparagraph (A) shall be set as an amount such that
the total revenue from such fees does not exceed the
amount required to cover the costs of management, data
collection, analysis, annual inspection, and
enforcement activities related to permits under this
section.
(2) Waivers.--The Secretary may waive, in whole or in part,
any fee under this section if an offshore aquaculture facility
is used primarily for research.
(3) Guarantees.--The Secretary shall require a permit
holder to post a bond or other form of financial guarantee in
an amount determined by the Secretary, to be reasonable and
commensurate with the offshore aquaculture operation and as
sufficient to cover, without duplication--
(A) any unpaid fees;
(B) the cost of removing an offshore aquaculture
facility at the expiration or revocation of an offshore
aquaculture permit; or
(C) the cost of site remediation for impacts
arising from authorized activities.
(l) 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 with an offshore aquaculture permit issued under this
section shall not be considered fishing for purposes of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), but shall be considered a fishery under section 3 of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1362).
(m) Compatibility With Other Uses.--Each Federal 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 applicable provisions of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.), including regulations promulgated
to carry out such Act.
(n) Statutory Construction.--An offshore aquaculture permit issued
under this section shall not supersede or substitute for any other
authorization required under Federal or State laws.
(o) Actions Affecting the Outer Continental Shelf.--
(1) Notification of secretary of the interior.--The
Secretary shall notify the Secretary of the Interior for each
application for an offshore aquaculture permit that is located
on the outer continental 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 authorized 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
operating interest.
(3) Compliance review.--The Secretary of the Interior shall
review each agreement between a prospective offshore
aquaculture operator and a lessee. The Secretary of the
Interior shall approve such agreement if it is consistent with
the Federal lease terms, the 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 management act review.--
(A) State review.--
(i) In general.--A coastal State's review
under the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.) shall include any
modification or change to a lessee's approved
plan that results from, or is necessary for,
the issuance of an offshore aquaculture permit
if the State simultaneously receives--
(I) the information related to the
modification or change; and
(II) the offshore aquaculture
permit applicant's consistency
certification.
(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
certification 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
concurrence (or presumed concurrence)
or objection to the consistency
certification for the offshore
aquaculture permit under section
307(c)(3)(A) of such Act shall apply
both--
(aa) to the offshore
aquaculture permit; and
(bb) to any related
modification or change to a
lessee's plan approved under
the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et
seq.).
(B) State review under section 307(c)(3)(B) of the
coastal zone management 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 review 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
certification for the modification or change is
required under applicable Federal regulations.
(C) Definitions.--In this paragraph:
(i) Lessee's approved plan.--The term
``lessee's approved plan'' includes a document
for which a consistency certification is
required under applicable Federal regulations,
such as a change to the approved plan for
decommissioning a facility.
(ii) Offshore aquaculture permit
applicant.--The term ``offshore aquaculture
permit applicant'' means an applicant for an
offshore aquaculture permit under this section
that--
(I) will locate the proposed
facility in an area that would require
consent from the lessee as described in
paragraph (2); and
(II) is required to submit a
consistency certification for its
offshore aquaculture 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 permit
application.--The term ``offshore aquaculture
permit application'' means an application for
an offshore aquaculture permit under this
section that will locate the proposed facility
in an area that would require consent from the
lessee as described in paragraph (2).
(5) Joint and several liability.--For offshore 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 liable for
the removal of any construction or modification related to the
offshore aquaculture operations if a bond or other form of
financial guarantee under subsection (j)(3) for aquaculture
operations is insufficient 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 the
Interior considers necessary to ensure the
compatibility of aquaculture operations with
activities for which permits, authorizations,
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 action
the Secretary of the Interior considers
necessary to ensure safe operations on the
facility, and to protect the marine
environment, 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
environment, 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
(v) enforce all requirements contained in
the regulations, lease terms and conditions,
and orders under the Outer Continental 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.).
(p) 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 Protection 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, including animal health
and disease risk assessments.
(2) Contingency plans.--As part of an application for a
permit for offshore aquaculture or as part of an aquaculture
management plan established in section 201, the Secretary of
Agriculture may approve contingency plans, along with standards
for such plans, for events relating to situations affecting the
health of cultured species.
(3) Criteria for practicing veterinary medicine in waters
outside state jurisdiction.--A veterinarian may practice
veterinary medicine in waters outside State jurisdiction if the
veterinarian--
(A) is licensed and in good standing to practice
veterinary medicine in any State;
(B) holds a category II veterinary accreditation
from the Animal and Plant Health Inspection Service;
and
(C) has a valid veterinarian client-patient
relationship with the facility in which the individual
is practicing veterinary medicine.
(q) Savings Clause.--Nothing in this Act shall supersede permit
applications in process on the date of enactment of this Act or permits
that are in place on the date of enactment of this Act.
SEC. 203. RESEARCH AND DEVELOPMENT GRANT PROGRAM.
(a) In General.--The Secretary shall establish, in consultation
with applicable Federal agencies, coastal States, federally recognized
Indian Tribes, Regional Fishery Management Councils, academic
institutions, and interested aquaculture stakeholders, a research and
development grant program to further the purposes of this Act. In
carrying out this subsection, the Secretary shall consider using
existing programs that leverage State and local partnerships and take
advantage of the extramural research community, including the National
Sea Grant College Program under the National Sea Grant College Program
Act (33 U.S.C. 1121 et seq.).
(b) Components.--The research and development grant program
described in subsection (a) shall include research conducted internally
by the National Oceanic and Atmospheric Administration, and through the
award of competitive, peer-reviewed grants to fund research and
extension services--
(1) to create innovative design and engineering solutions
to common obstacles within the offshore aquaculture industry;
(2) to enable the transition of innovative aquaculture
technologies, including technologies focused on the
commercialization of high-value marine species, from controlled
studies to commercial use;
(3) to evaluate the role of genetics in relation to the
development of improved lines of brood stock, disease
resistance, and interactions between cultured species and wild
stocks;
(4) to advance research into the management, mitigation,
and prevention of cultured species diseases;
(5) to develop cost-effective feeds to optimize the
sustainable use of protein and lipid sources originating from
wild fish, plants, and other sources, maximize growth and
production performance of cultured species, prevent the spread
of pathogens and parasites, and maintain the human health
benefits of cultured seafood;
(6) to improve techniques for monitoring, assessing, and
addressing environmental impacts of offshore aquaculture and
develop and evaluate methodologies to prevent, minimize, and
mitigate potential adverse environmental impacts;
(7) to evaluate the potential for offshore aquaculture to
serve as a tool for environmental management, including
connections to water quality, watershed management, and fishery
conservation and management;
(8) to evaluate the potential impact of offshore
aquaculture on the economies of coastal communities,
particularly those dependent on traditional fishery resources;
(9) to identify barriers to entry in the offshore
aquaculture industry and propose solutions to overcome them;
(10) to study the traditional aquaculture methods and
practices of Native Americans, Alaska Natives, and Native
Hawaiians to evaluate economic, environmental, and sociological
impacts;
(11) to investigate other priority issues identified by the
Secretary; and
(12) to evaluate economic aspects of offshore aquaculture,
including production costs and market development.
(c) Coordination With Other Federal Programs.--The Secretary
shall--
(1) coordinate aquaculture research and development
intramural programs and grants within the Department of
Commerce and with other Federal intramural and extramural
programs that provide grant funding for purposes similar to
those under subsection (b), such as grants administered by the
National Sea Grant College Program and the National Institute
of Standards and Technology; and
(2) coordinate the research and development grant program
established in this section with the interagency aquaculture
coordinating group established under section 6 of the National
Aquaculture Act of 1980 (16 U.S.C. 2805) and with the research
and development conducted through the Cooperative Extension
System of the Department of Agriculture.
(d) Cooperative Research Agreement.--To carry out this section, the
Secretary may enter into a cooperative agreement with a State,
institution of higher education, or other private institution or
research center.
SEC. 204. ECONOMIC SOUNDNESS.
(a) In General.--Section 53708 of title 46, United States Code, is
amended by adding at the end the following:
``(f) Aquaculture.--In making the findings under subsections (a)
and (b), the Administrator and the Secretary may take into account
factors such as--
``(1) the transferability of an aquaculture permit;
``(2) an assessment of the shore-side seafood economy where
the borrower will be operating; and
``(3) the existence of a formal technical assistance
program administered by a governmental agency.''.
TITLE III--REFINEMENTS
SEC. 301. RECORDKEEPING, INSPECTIONS, AND ACCESS TO INFORMATION.
(a) Regulations.--The Secretary, after consultation with other
interested Federal departments and agencies, 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 aquaculture permit
holder is required to provide, which shall at a minimum
include--
(A) data regarding escape events;
(B) the prevalence of disease in the offshore
aquaculture facility, including a description of
veterinary services provided for treatment;
(C) a copy of any required incident or annual
report required under a permit necessary for
aquaculture operations under other Federal law; and
(D) other information, as the Secretary may
require; and
(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 duplicate regulations under any other
Federal law.
(c) Recordkeeping.--An offshore aquaculture permit 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 request.
(d) Inspections.--
(1) Frequency.--The Secretary shall conduct an annual
inspection of offshore aquaculture facilities.
(2) Notice.--The Secretary shall provide reasonable notice
prior to site inspections at offshore aquaculture facilities
pursuant to paragraph (1). The Secretary shall take into
consideration biosecurity concerns and work with the permit
holder to ensure best inspection practices to ensure safety and
protect cultured species.
(3) Facilities located on the outer continental shelf.--The
Secretary of the Interior, or a designee of such Secretary, is
authorized with inspection authority under this section for
offshore aquaculture facilities located on the outer
continental shelf.
(e) Government Access.--Any Federal Government official
representing an agency with authority for implementing and enforcing
Federal law applicable to offshore aquaculture shall have reasonable
access 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 jurisdiction or otherwise carrying out the official's
responsibilities. Such an official, relative to their jurisdictional
authority, may inspect, at reasonable times, appropriate records,
files, papers, permits, processes, controls, and the offshore
aquaculture facility and may test any feature of the offshore
aquaculture facility, provided testing does not risk incurring damage
or potentially compromise the structural integrity of the facility or
the health of cultured species. Each inspection shall be conducted with
reasonable promptness. The permit holder shall receive timely
notification, in writing, of the results of the inspection.
(f) Public Access.--The Secretary shall make reports and other
information received under this Act available to the public unless the
Secretary determines it is necessary to withhold disclosure to protect
confidential business information or sensitive personal information.
The Secretary shall establish procedures to protect confidential
business information and sensitive personal information from being
disclosed.
SEC. 302. MARINE FEED STANDARDS.
(a) Relation to Current Law.--Nothing in this Act shall be
construed in derogation of applicable law regarding the production of
animal feed, and offshore aquaculture operations shall comply with all
applicable law (including regulations).
(b) Requirements for Fisheries-Derived Marine Feed Ingredients.--
The Secretary shall require that fish meal, or any fisheries-derived
marine feed ingredients (both first-use and trimmings), used at
offshore aquaculture facilities in the exclusive economic zone--
(1) are sourced from a sustainably managed fishery for
aquaculture feed;
(2) employ traceability sufficient to credibly demonstrate
the ingredients were sourced from a sustainably managed fishery
for aquaculture feed;
(3) are harvested and produced without convict, forced, or
indentured labor; and
(4) are delivered to the cultured species as part of a
formulated feed.
(c) Study on Best Practices for Marine Feed.--Not later than 2
years after the date of enactment of the Advancing the Quality and
Understanding of American Aquaculture Act, the Secretaries of Commerce
and Agriculture, through the coordinating group, shall conduct a study
of the best management practices related to sustainable, economic feed
for the United States marine aquaculture industry. The study shall--
(1) recommend best practices for sourcing fish meal from
sustainably managed fisheries for aquaculture feed;
(2) recommend best practices to provide traceability on the
source of fish meal ingredients;
(3) recommend best practices for sourcing formulated feed
ingredients from domestic sources; and
(4) recommend best practices for harvesting and producing
fish meal so that it can be known that it is harvested and
produced without convict, forced, or indentured labor.
(d) Report.--Upon completion of the study under subsection (c), the
Secretaries of Commerce and Agriculture shall prepare and submit a
report containing the recommendations described in subsection (c) to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Natural Resources of the House of Representatives.
SEC. 303. MARINE USE RIGHTS.
The permit established under section 202 shall be considered a
marine use right, offering security of tenure for purpose of obtaining
investment, transferring permit to other authorized users, and allowing
for operations.
TITLE IV--ADMINISTRATIVE PROVISIONS
SEC. 401. OFFICE OF AQUACULTURE.
(a) Office of Aquaculture.--The Secretary shall establish and
provide resources for--
(1) an Office of Aquaculture within the National Marine
Fisheries Service at the National Oceanic and Atmospheric
Administration headquarters to implement this title; and
(2) an Office of Aquaculture presence in each of the
regional fisheries offices of the National Oceanic and
Atmospheric Administration, which presence shall, at a minimum,
be sufficient to fulfill the duties under subsection (b), but
may be increased to the extent warranted by the activity and
interest of aquaculture stakeholders in the region.
(b) Office of Aquaculture Duties.--The Office of Aquaculture
shall--
(1) ensure the implementation of this Act;
(2) coordinate regulatory, scientific, outreach, and
international issues related to aquaculture within the National
Oceanic and Atmospheric Administration;
(3) collaborate with and leverage existing efforts by the
National Sea Grant College program to--
(A) conduct aquaculture outreach, education,
extension services, and training efforts; and
(B) engage with aquaculture stakeholders and, from
time to time, convene conferences for aquaculture
stakeholders to exchange information and ideas; and
(4) maintain aquaculture capacity in each of the regional
fisheries offices of the National Oceanic and Atmospheric
Administration, including at least one Regional Aquaculture
Coordinator in each such office.
(c) Aquaculture Research Program and Duties.--In addition to the
resources required under subsection (a), the Secretary shall establish
and provide additional resources for an aquaculture research program
that draws upon the scientific capacity of National Oceanic and
Atmospheric Administration programs such as the Fisheries Science
Centers, Sea Grant, and the National Centers for Coastal and Ocean
Science to support the Office of Aquaculture's efforts to implement
this title. Specifically, the program shall--
(1) ensure that offshore aquaculture operations permitted
under this title are scientifically monitored to support the
implementation of this Act, evaluate data, and conduct
additional research to support the development of sustainable
offshore aquaculture in accordance with this title; and
(2) administer the research and development grant program
under section 203.
(d) Aquaculture Subcommittee.--The Marine Fisheries Advisory
Committee shall designate the Aquaculture Subcommittee as a permanent,
standing subcommittee to serve as an external board to advise the
Secretary on offshore aquaculture. The Aquaculture Subcommittee shall
coordinate with the National Sea Grant Advisory Board, as appropriate.
(e) 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. SUPPORT FOR INDUSTRY.
(a) In General.--The Secretary shall support the development of
sustainable marine aquaculture, consistent with this Act and other
applicable Federal law.
(b) Marketing and Promotion Grants.--The Secretary shall, in
consultation with industry, establish and administer a grant program to
support the sale and public perception of cultured species domestically
and internationally.
(c) Workforce Development.--The Secretary shall, in consultation
with industry, academic institutions, and the National Sea Grant
College Program, develop and manage a grant program to support the
education and training of individuals with the skills needed to manage
and operate aquaculture facilities.
(d) Regional Networks.--The Secretary shall organize through each
regional fisheries office of the National Oceanic and Atmospheric
Administration a network of--
(1) 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
Agriculture Regional Aquaculture Centers, institutions of
higher education, and the Cooperative Extension System of the
Department of Agriculture) to provide technical expertise and
extension services on offshore aquaculture and information on
Federal permit requirements; and
(2) individuals and businesses interested in aquaculture
operations and products to facilitate professional development,
marketing, mentoring opportunities, and agency outreach and
education on aquaculture.
(e) Aquaculture Database.--The Secretary shall establish and
maintain within the Office of Aquaculture an aquaculture database. The
aquaculture database shall include information on research,
technologies, monitoring techniques, best practices, and advisory board
recommendations. The Secretary shall make the aquaculture database
available in a manner that safeguards confidential business
information. The inclusion of information in the database under this
subsection shall not be considered to be publication for purposes of
subsection (a) or (b) of section 102 of title 35, United States Code.
(f) Technical Assistance for Operators.--The Secretary shall
organize through the Office of Aquaculture and the Regional Aquaculture
Coordinators, a program to provide technical assistance to operators in
each regional fisheries office of the National Oceanic and Atmospheric
Administration. The programs shall be tailored to meet the unique needs
of each region, but shall conduct individual consultations with each
operator in the region on a regular basis to assess the status of the
operator's business, and if appropriate, identify available resources
to support the operator, such as regional experts, university extension
agents, and grant opportunities.
(g) Capital Markets.--
(1) Outreach to financial institutions.--In order to
enhance access to capital markets, the Secretary shall provide
financial institutions and investment firms with objective,
science-based information on offshore aquaculture and the
Federal regulatory regime that governs it.
(2) Economic analysis.--In addition, the Secretary shall
provide economic analysis to answer queries regarding the value
of offshore aquaculture assets to secure financing, such as
equipment, governmental permits, inventory, and intellectual
property.
(3) Collaboration.--In order to achieve the goals of this
subsection, the Secretary is encouraged to collaborate with the
Secretary of Agriculture, the Secretary of the Treasury, and
the regional networks established under subsection (d).
SEC. 403. OUTREACH AND EDUCATION.
The Secretary shall conduct outreach on sustainable offshore
aquaculture to promote understanding, science-based decision making,
and commercial adoption. The Secretary 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, federally
recognized Indian Tribes 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 Islands,
Guam, the Commonwealth of the Northern Mariana Islands,
Regional Fishery Management Councils as established under
section 302 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852), and interstate fisheries
commissions to implement this Act, including--
(A) procedures to issue, modify, deny, revoke, or
suspend an offshore aquaculture permit in accordance
with this Act;
(B) procedures to coordinate the offshore
aquaculture permitting process, with similar or
complementary activities administered by other Federal
agencies, federally recognized Indian Tribes, and
coastal States;
(C) procedures to monitor and evaluate permit
compliance to verify and confirm compliance 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 202;
(E) procedures to minimize 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 aquaculture facility in
accordance with the requirements of section 302;
(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.
(b) Agreements.--The Secretary may enter into and perform such
contracts, leases, or cooperative agreements, and make and receive such
grants or funds, as may be necessary to carry out this Act.
(c) Use of Contributed Governmental Resources.--For enforcement
under this Act, the Secretary may use, with consent and with or without
reimbursement, and consistent with applicable law, the land, services,
equipment, personnel, and facilities of--
(1) any department, agency, or instrumentality of the
United States;
(2) any State, local government, Tribal government,
territory, or possession (or any political subdivision
thereof);
(3) any foreign government; or
(4) an international organization.
(d) Authority To Use Grant Funds.--
(1) In general.--Except as provided under paragraph (2),
the Secretary may apply for, accept, and obligate research
grant funding from any Federal 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 authority to grant funds to Federal
agencies or for any purpose, or subject to any condition, that
is prohibited 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 commitment in advance of appropriations.
(4) Accounts.--Funds received from a grant shall be
deposited in the National Oceanic and Atmospheric
Administration account that serves to accomplish 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 State agency, or Indian
Tribe or Alaska Native organization, under any Federal law or treaty.
SEC. 405. REPORT AND PERMIT TERMS.
(a) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary shall issue a report to the Chairman and
Ranking Member of the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Natural Resources of
the House of Representatives regarding implementation of this Act. The
report shall include--
(1) the number of offshore aquaculture permits applied for,
granted, denied, and retired, together with a brief description
of the circumstances of each;
(2) any and all enforcement actions undertaken, and the
disposition of each;
(3) the number of aquaculture opportunity areas established
under section 102, together with a brief description of the
circumstances of each;
(4) results from any grants awarded under this Act;
(5) the Secretary's assessment of the state of offshore
aquaculture in the United States;
(6) the Secretary's assessment of United States offshore
aquaculture in comparison to offshore aquaculture in other
nations; and
(7) the Secretary's recommendations to improve United
States offshore aquaculture.
(b) Determination Regarding Permits.--In addition 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 permit terms on
the risk of harm to the environment.
(2) The effect of shortening or lengthening permit terms on
industry's access to capital markets.
(3) Whether a change to the permit terms established in
this Act is warranted.
SEC. 406. FEDERAL COORDINATION.
(a) Relation to Current Law.--Nothing in this section shall be
construed in derogation of law in effect on the date of enactment of
this Act that is applicable to offshore aquaculture operations, and the
unified permitting and review process established under this section
shall not affect the timelines or standards established under other
laws.
(b) Coordination.--Subject to subsection (a), the Secretary of
Commerce shall coordinate with the Department of the Interior, the
Department of Agriculture, the Environmental Protection Agency, the
Army Corps of Engineers, the Food and Drug Administration, and the
department in which the U.S. Coast Guard is operating to simplify the
Federal permitting process for offshore aquaculture. The Secretaries of
the Interior, Agriculture, Health and Human Services, and the
department in which the U.S. Coast Guard is operating, the
Administrator of the Environmental Protection Agency, and the Chief of
Engineers shall cooperate with the Secretary of Commerce to implement
this section.
(c) Unified Permitting and Review Process.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretaries of Commerce, the
Interior, Agriculture, Health and Human Services, and the
department in which the U.S. Coast Guard is operating, the
Administrator of the Environmental Protection Agency, and the
Chief of Engineers shall, through the Secretary of Commerce,
initiate, subject to the requirements of subsection (a), a
rulemaking for all permits administered by such agency heads
relating to offshore aquaculture for a unified process, public
notice, and public comment for--
(A) initial issuance of permits;
(B) renewal of permits; and
(C) transfer of permits.
(2) Outreach.--The Secretary of Commerce, through the
National Oceanic and Atmospheric Administration, 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 Administration, shall convene representatives of
the Department of the Interior, the Department of Agriculture,
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 informal consultation with Federal agencies.
The Secretary of Commerce may invite representatives from other
Federal agencies as necessary or advisable. Nothing in this
subsection shall preclude an applicant or a prospective
applicant from contacting Federal 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 environmental analysis or environmental impact
statement required under such Act for offshore aquaculture
activities shall be conducted through a single, consolidated
environmental review and the National Oceanic and Atmospheric
Administration, through the Office of Aquaculture and
associated divisions, shall serve as the lead Federal agency.
(5) Coordination of permit reviews.--To the extent
practicable under this Act and all other applicable laws and
regulations, Federal agencies with permitting requirements
applicable to offshore aquaculture facilities shall coordinate
their review processes in order to provide a timely response to
applicants.
SEC. 407. PROHIBITED ACTS.
It is unlawful for any person--
(1) to violate any provision of this Act or any regulation
or permit issued pursuant to this Act;
(2) to refuse to permit any officer authorized to enforce
the provisions of this Act (in accordance with section 408) to
access an offshore aquaculture facility, associated onshore
facility, vessel, or other conveyance, subject to such person's
control, for purposes of conducting any search or inspection in
connection with the enforcement of this Act;
(3) to assault, resist, oppose, impede, intimidate, 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 prohibited by
this section;
(5) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of, any
cultured species produced, taken, retained, or possessed in
violation of this Act;
(6) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such
other person has committed any act prohibited by this section;
(7) to make or submit to the Secretary or the Governor of a
State false information regarding any matter that the Secretary
or Governor is considering in the course of carrying out this
Act;
(8) to make any false statement or provide any false
information on, or in connection with, an application,
declaration, record, or report; or
(9) without authorization, to remove, damage, or tamper
with or attempt to remove, damage, or tamper with--
(A) an offshore aquaculture facility owned by
another person, which is located in the exclusive
economic zone, including any component thereof; or
(B) cultured species contained in such facility or
component thereof.
SEC. 408. ENFORCEMENT.
(a) Responsibility.--The provisions of this Act shall be enforced
by the Secretary and the Secretary of the department in which the Coast
Guard is operating. In enforcing this Act, such Secretaries may by
agreement utilize, on a reimbursable or non-reimbursable basis, the
personnel, services, equipment (including aircraft and vessels), 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 Federal 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.
(b) Powers of Authorized Officers.--Any officer 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 reasonable cause
to believe that such person has committed an act prohibited by
section 407;
(2) board, search or inspect, any offshore aquaculture
facility, associated onshore facility, vessel, or other
conveyance (including its gear, furniture, appurtenances,
stores, records, and cargo) which is subject to the provisions
of this Act;
(3) seize any vessel, or other conveyance (together with
its gear, furniture, appurtenances, stores, records, and cargo)
used or employed in, or with respect to which it reasonably
appears that such vessel was used or employed in, the violation
of any provision of this Act;
(4) seize any cultured species or seafood product (wherever
found) taken, produced, imported, exported, transported, sold,
received, 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;
(6) detain any cultured species or seafood product to
determine compliance with this Act;
(7) search and seize, in accordance with any guidelines
which may be issued by the Attorney General;
(8) access, directly or indirectly, for enforcement
purposes any data or information required to be provided or
reported under this Act or regulations promulgated under this
Act, including data from vessel or facility monitoring systems,
automatic identification systems, long-range identification and
tracking systems, or any similar system;
(9) execute and serve any subpoena, arrest warrant, 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 officer finds that a
person, offshore aquaculture facility, associated onshore facility,
vessel, or other conveyance is engaging or has been engaged in the
violation of any provision of this Act, such officer may issue a
citation to the owner or operator of such vessel in lieu of proceeding
under subsection (f), (g), or (h). If a permit has been 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 Secretary may issue subpoenas for the attendance and
testimony 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 pursuant
to this subsection, the district court of the United States for any
district in which such person is found, resides, 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
appear 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 punished by such court as a contempt thereof.
(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 offense and the offense
shall be deemed to have been committed not only in the district where
the violation first occurred, 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 opportunity for a hearing
in accordance with section 554 of title 5, United
States Code, to have committed an act prohibited by
section 407 shall be liable to the United States for a
civil penalty. The amount of the civil penalty shall
not exceed $37,500 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,
extent, and gravity of the prohibited acts committed
and, with respect to the violator, the degree 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
administrative 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 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 aquaculture facility,
associated onshore facility, vessel, or other conveyance
(including its gear, furniture, appurtenances, stores, records,
and cargo) used in the commission of an act prohibited by
section 407 shall be liable in rem for any civil penalty
assessed for such violation under this section and may be
proceeded against in any district court of the United States
having jurisdiction thereof.
(3) Collection of administrative penalties.--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
Secretary shall refer the matter to the Attorney General, who
shall recover the amount assessed (plus interest 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 pay, in
addition to such amount and interest, attorney's fees and costs
for collection proceedings and a quarterly nonpayment penalty
for each quarter during which such failure to pay persists.
Such nonpayment penalty shall be in an amount equal to 20
percent of the aggregate amount of such person's penalties and
nonpayment penalties that are unpaid as of the beginning of
such quarter.
(4) Permit sanctions.--
(A) In general.--With respect to any case in which
an offshore aquaculture facility, associated onshore
facility, vessel, or other conveyance was used in the
commission of an act prohibited under section 407, the
owner or operator of an offshore aquaculture facility,
associated onshore facility, vessel, or other
conveyance (or any other person who has been issued or
has applied for a permit under this Act) has acted in
violation of section 407, or any civil penalty,
criminal fine, or amount in settlement of a civil
forfeiture imposed under this Act on a person, offshore
aquaculture facility, associated onshore facility,
vessel, or other conveyance that has been issued or has
applied for a permit under this Act has not been paid
and is overdue, the Secretary may--
(i) revoke any permit issued with respect
to such person, offshore aquaculture facility,
associated onshore facility, vessel, other
conveyance, with or without prejudice to the
issuance of subsequent permits;
(ii) suspend such permit for a period of
time considered by the Secretary to be
appropriate;
(iii) deny such permit; or
(iv) impose additional conditions and
restrictions on such permit.
(B) Considerations.--In imposing a sanction under
this paragraph, the Secretary shall take into account
the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed and,
with respect to the violator, the degree of
culpability, any history of prior offenses, and such
other matters as justice may require.
(C) Effect of transfer of ownership.--Transfer of
ownership of an offshore aquaculture facility,
associated onshore facility, vessel, or other
conveyance, by sale or otherwise, shall not extinguish
any permit sanction that is in effect or is pending at
the time of transfer of ownership. Before executing the
transfer of ownership of a facility or conveyance, by
sale or otherwise, the owner shall disclose in writing
to the prospective transferee the existence of any
permit sanction that will be in effect or pending with
respect to the facility or conveyance at the time of
the transfer.
(D) Payment of penalty or fine.--In the case of any
permit that is suspended under this paragraph for
nonpayment of a civil penalty or criminal fine, the
Secretary shall reinstate the permit upon payment of
the penalty or fine and interest thereon at the
prevailing rate.
(E) Hearing.--No sanction shall be imposed under
this paragraph unless there has been a prior
opportunity for a hearing on the facts underlying the
violation for which the sanction is imposed, either in
conjunction with a civil penalty proceeding under this
section or otherwise.
(5) Review of civil penalty.--Any person against whom a
civil penalty is assessed under this subsection or against whom
a permit sanction is imposed under this subsection (other than
a permit suspension for nonpayment of penalty or fine) may
obtain review thereof in the United States district court for
the appropriate district by filing a complaint against the
Secretary in such court within 30 days from the date of such
order that constitutes a final agency action. The Secretary
shall promptly file in such court a certified copy of the
record upon which such violation was found or such penalty
imposed, as provided in section 2112 of title 28, United States
Code. The findings and order of the Secretary shall be set
aside by such court if they are not found to be supported by
substantial evidence, as provided in section 706(2) of title 5,
United States Code.
(6) Injunctive relief.--Upon the request of the Secretary,
the Attorney General of the United States may commence a civil
action for appropriate relief, including a permanent or
temporary injunction, for any violation of this Act (including
regulations).
(g) Forfeiture.--
(1) Criminal forfeiture.--
(A) In general.--A person who is convicted of an
offense in violation of this Act shall forfeit to the
United States--
(i) any property, real or personal,
constituting or traceable to the gross proceeds
taken, obtained, or retained, in connection
with or as a result of the offense, including,
without limitation, any cultured species (or
the fair market value thereof); and
(ii) any property, real or personal, used
or intended to be used, in any manner, to
commit or facilitate the commission of the
offense, including, without limitation, any
vessel (including the vessel's equipment,
stores, catch and cargo), vehicle, aircraft, or
other means of transportation.
(B) Applicability of controlled substances act.--
Pursuant to section 2461(c) of title 28, United States
Code, the provisions of section 413 of the Controlled
Substances Act (21 U.S.C. 853) other than subsection
(d) thereof shall apply to criminal forfeitures under
this section.
(2) Civil forfeiture.--
(A) In general.--The property set forth below shall
be subject to administrative or judicial forfeiture to
the United States in accordance with the provisions of
chapter 46 of title 18, United States Code, and no
property right shall exist in it:
(i) Any property, real or personal,
constituting or traceable to the gross proceeds
taken, obtained, or retained, in connection
with or as a result of a violation of this Act,
including, without limitation, any fish (or the
fair market value thereof).
(ii) Any property, real or personal, used
or intended to be used, in any manner, to
commit or facilitate the commission of a
violation of this Act, including, without
limitation, any vessel (including the vessel's
equipment, stores, catch and cargo), vehicle,
aircraft, or other means of transportation.
(B) Application of the customs laws.--All
provisions of law relating to seizure, summary
judgment, and forfeiture and condemnation for violation
of the customs laws, the disposition of the property
forfeited or condemned or the proceeds from the sale
thereof, the remission or mitigation of such
forfeitures, and the compromise of claims shall apply
to seizures and forfeitures incurred, or alleged to
have been incurred, under the provisions of this Act,
insofar as applicable and not inconsistent with the
provisions hereof. For seizures and forfeitures of
property under this section by the Secretary, such
duties as are imposed upon the customs officer or any
other person with respect to the seizure and forfeiture
of property under the customs law may be performed by
such officers as are designated by the Secretary or,
upon request of the Secretary, by any other agency that
has authority to manage and dispose of seized property.
(C) Presumption.--For the purposes of this section
there is a rebuttable presumption that all cultured
species, or components thereof, found in an offshore
aquaculture facility or on board a vessel or other
conveyance that is used or seized in connection with a
violation of this Act were produced, taken, obtained,
transported, or retained in violation of this Act.
(h) Criminal Enforcement.--
(1) Imprisonment.--Any person (other than a foreign
government agency, or entity wholly owned and controlled by a
foreign government) who knowingly commits any act prohibited
under section 407 shall be imprisoned for not more than 5 years
or fined not more than $500,000 for individuals or $1,000,000
for an organization, or both, except that, if in the commission
of any such offense the individual uses a dangerous weapon,
engages in conduct that causes bodily injury to any officer
authorized to enforce the provisions of this Act, or places any
such officer in fear of imminent bodily injury, the maximum
term of imprisonment is not more than 10 years.
(2) Fine and imprisonment.--Any person (other than a
foreign government agency, or entity wholly owned and
controlled by a foreign government) who violates a provision
under section 407 and who, in the exercise of due care should
know that such person's conduct violates such provision, shall
be fined under title 18, United States Code, or imprisoned not
more than one year, or both.
(i) Joint Enforcement Agreements.--
(1) In general.--The Governor of an eligible State may
apply to the Secretary for execution of a joint enforcement
agreement with the Secretary that will authorize the
deputization and funding of State law enforcement officers with
marine law enforcement responsibilities to perform duties of
the Secretary relating to law enforcement provisions under this
title or any other marine resource law enforced by the
Secretary. Upon receiving an application meeting the
requirements of this subsection, the Secretary may enter into a
joint enforcement agreement with the requesting State.
(2) Eligible state.--A State is eligible to participate in
the cooperative enforcement agreements under this section if it
is in, or bordering on, the Atlantic Ocean (including the
Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf
of Mexico, Long Island Sound, or one or more of the Great
Lakes.
(3) Requirements.--Joint enforcement agreements executed
under paragraph (1)--
(A) shall be consistent with the purposes and
intent of this section to the extent applicable to the
regulated activities;
(B) may include specifications for joint management
responsibilities as provided by the first section of
Public Law 91-412 (15 U.S.C. 1525); and
(C) shall provide for confidentiality of data and
information submitted to the State under this Act.
(4) Allocation of funds.--The Secretary shall include in
each joint enforcement agreement an allocation of funds to
assist in management of the agreement. The allocation shall be
fairly distributed among all eligible States participating in
cooperative enforcement agreements under this subsection, based
upon consideration of Federal marine enforcement needs, the
specific marine conservation enforcement needs of each
participating eligible State, and the capacity of the State to
undertake the marine enforcement mission and assist with
enforcement needs. The agreement may provide for amounts to be
withheld by the Secretary for the cost of any technical or
other assistance provided to the State by the Secretary under
the agreement.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for the
purpose of carrying out this Act--
(1) $60,000,000 for fiscal year 2023;
(2) $65,000,000 for fiscal year 2024;
(3) $70,000,000 for fiscal year 2025;
(4) $75,000,000 for fiscal year 2026; and
(5) $80,000,000 for fiscal year 2027.
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