[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9477 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9477
To authorize studies and pilot programs related to the development and
production of aquaculture in the exclusive economic zone of the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 8, 2022
Mr. Lowenthal (for himself, Ms. Mace, Ms. Pingree, and Ms. Brownley)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Education and
Labor, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize studies and pilot programs related to the development and
production of aquaculture in the exclusive economic zone of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science-based Equitable Aquaculture
Food Act'' or the ``SEAfood Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adjacent coastal jurisdiction.--The term ``adjacent
coastal jurisdiction'' means with respect to any activity
proposed, conducted, or approved by the Administrator under
section 5(a), any coastal State land--
(A) that is used, or is scheduled to be used, as a
support base for such activity; or
(B) in which there is a reasonable probability of
significant effect on land or water uses from such
activity.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanographic and Atmospheric
Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committees
on--
(A) Natural Resources of the House of
Representatives;
(B) Agriculture of the House of Representatives;
(C) Transportation and Infrastructure of the House
of Representatives;
(D) Commerce, Science, and Transportation of the
Senate;
(E) Environment and Public Works of the Senate; and
(F) Agriculture, Nutrition, and Forestry of the
Senate.
(4) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of any of the following:
(A) Individuals who reside in a census block group
in which 30-percent or more of the population are
individuals with an annual household income that does
not exceed the greater of--
(i) an amount equal to 80-percent of the
median income of the area in which the
household is located, as reported by the
Secretary of Housing and Urban Development; or
(ii) 200-percent of the Federal poverty
line.
(B) Individuals who reside in a geographically
distinct area in which the population of any of the
following categories of individuals is higher than the
average population of that category for the State in
which the community is located:
(i) Black.
(ii) African American.
(iii) Asian.
(iv) Pacific Islander.
(v) Other non-White race.
(vi) Hispanic.
(vii) Latino.
(viii) Linguistically isolated.
(C) Tribal or Indigenous communities.
(5) Escape.--The term ``escape'' means the escape of
juvenile- or adult-farmed organisms, viable gametes, or
fertilized eggs spawned by farmed organisms from aquaculture
facilities.
(6) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given such term in section 3(11) of the
Magnuson Stevens Fishery Conservation and Management Act (16
U.S.C. 1802(11)).
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Offshore aquaculture.--The term ``offshore
aquaculture'' means aquaculture conducted in the exclusive
economic zone.
(9) Pilot project.--The term ``pilot project'' means an
aquaculture project approved under section 5.
(10) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each Indian Tribe.
(11) Tribal or indigenous community.--The term ``Tribal or
Indigenous community'' means a population of people who are--
(A) enrolled members of an Indian Tribe;
(B) members of an Alaska Native or Native Hawaiian
community or organization; or
(C) members of any other community of Indigenous
people located in a State.
(12) Underserved communities.--
(A) In general.--The term ``underserved
communities'' means women and individuals belonging to
communities that have been denied consistent and
systematic fair, just, and impartial treatment and have
been systematically denied a full opportunity to
participate in all aspects of economic, social, and
civic life, including Black, Latino, Indigenous and
Native American persons, Asian Americans and Pacific
Islanders and other persons of color.
(B) Inclusion.--In the context of the aquaculture
industry, the term ``underserved communities'', within
fishing communities, may include--
(i) subsistence fishery participants and
their dependents;
(ii) fishing vessel crews, and fish
processor and distribution workers; and
(iii) territorial fishing communities
(including those in American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands,
Puerto Rico, and the United States Virgin
Islands).
(13) Veteran.--The term ``veteran'' has the meaning given
such term in section 101 of title 38, United States Code.
SEC. 3. GAO STUDY.
(a) In General.--Not later than 2 years after the date of the
enactment of this section, the Comptroller General shall submit a
report to the appropriate committees of Congress examining aquaculture
permitting, monitoring, and regulation during the 15-year period ending
on the date of enactment of this section based on the available
literature, case studies, and stakeholder input.
(b) Contents of Study.--The study required under subsection (a)
shall--
(1) consider the feasibility and potential positive and
negative implications of designating a lead agency to issue
aquaculture permits in a timely manner;
(2) identify lessons learned during such period with
respect to--
(A) the implications of aquaculture type, location,
and regulatory framework on project success;
(B) the degree of involvement of coastal or
adjacent States, Tribal groups, underserved
communities, or environmental justice communities in
consultation, planning, or operations of such
aquaculture operations;
(C) safety protocols and risk mitigation measures
for the permit and oversight processes, including--
(i) escape prevention measures;
(ii) emergency event response planning;
(iii) compliance monitoring, particularly
in remote locations;
(iv) compliance with Federal laws;
(v) reporting mechanisms to appropriate
Federal authorities, and
(vi) vessel navigation aids to ensure
navigational safety;
(D) the effect of incentives to reduce adverse
effects or disparate impacts from aquaculture
operations;
(E) building and optimizing synergies between
aquaculture and wild-caught fishing activities, or
offshore, nearshore, and onshore aquaculture
activities, including market development, increasing
seafood consumption, and shared infrastructure;
(F) the environmental effects of marine aquaculture
operations, including mechanisms to prevent harm to the
environment, wildlife, or human well-being;
(G) net economic and social benefits of the
aquaculture projects, particularly for nearby
communities (including underserved and environmental
justice communities), based on project size, regulatory
structures, and financing structures;
(H) the impact of introducing aquaculture products
to the marketplace on supply and demand for wild-
capture fisheries products and methods for ensuring
resiliency and growth for both aquaculture and wild-
capture fisheries products;
(I) mechanisms to enhance capital investment,
workforce development, and equitable opportunity
requirements or assistance programs in the permit
process, or to diversify permit applicants;
(J) outstanding needs for continued research,
development, education activities, programs, and
funding regarding offshore aquaculture projects and
development of the domestic workforce and
entrepreneurship related to offshore aquaculture; and
(K) the economic potential for both large- and
small-scale aquaculture operations to generate a
positive return on investment under various regulatory
and financing structures; and
(3) make recommendations with respect to future offshore
aquaculture operations, including--
(A) regulatory processes necessary for permitting,
monitoring, and oversight, including processes and
techniques related to siting, deployment, operations,
and decommissioning;
(B) potential safeguards, data collection, or
monitoring required to minimize disparate impacts on
environmental justice communities, local economies,
marine environments, and existing domestic economic
sectors;
(C) mechanisms for optimizing the efficiency and
coordination among Federal agencies with a role in
permitting aquaculture in offshore waters without
compromising the goals of such permitting;
(D) methods for effectively involving stakeholders,
including--
(i) adjacent jurisdictions;
(ii) local communities;
(iii) regional offshore waters users and
management groups (including regional fishery
management councils); and
(iv) users of local, State, and Federal
waters and coastal resources, including
underserved communities, and environmental
justice communities;
(E) best practices for incorporating local
knowledge, including from Tribal or Indigenous
communities;
(F) Federal agency capabilities that are necessary
for effective regulation of the sector; and
(G) how creating private rights of action or
waiving sovereign immunity would facilitate or hinder
the development of offshore aquaculture projects and
their acceptance by nearshore and offshore waters user
groups and coastal communities.
SEC. 4. STUDY OF AQUACULTURE PERMITTING STANDARDS.
(a) Study Required.--Not later than 30 months after the date of
enactment of this Act, the Ocean Studies Board of the National
Academies of Sciences, Engineering, and Medicine shall complete a study
to develop the scientific basis for efficient and effective regulation
of offshore aquaculture.
(b) Considerations.--The study required by subsection (a) shall,
with respect to offshore aquaculture--
(1) identify--
(A) optimal methods of operation of aquaculture
facilities to promote high yields and limit adverse
effects on the environment, wildlife, and human well-
being, including--
(i) considerations to guide siting
decisions of such facilities; and
(ii) appropriate stocking densities;
(B) a science-based definition of sustainable
aquaculture feed or other inputs;
(C) potential adverse effects on the environment,
wildlife, and human well-being, including from--
(i) the use of antibiotics and other
pharmaceuticals by aquaculture facilities,
including analyses necessary to establish
acceptable rates, impact levels, and risk
thresholds, such as organism antibiotic
consumption or metabolization versus excretion
to the surrounding environment;
(ii) assimilation of pollution originating
from such facilities on marine organisms;
(iii) the risk posed by misplaced or
damaged equipment;
(iv) the risk of wildlife entanglements;
(v) interbreeding or the spread of disease;
(vi) the source and sustainability of brood
stock for offshore aquaculture operations and
impacts of hatcheries and prestocking rearing
operations that are specific to offshore
aquaculture;
(vii) large-scale cultivation of filter-
feed bivalve organisms and seaweed on the
marine food webs;
(viii) aquaculture facilities acting as
aggregating devices and increasing the
vulnerability of wild fisheries and wildlife
populations to fishing or other sources of
mortality; and
(ix) the use of nonsustainable sources of
feed or other inputs;
(D) potential methods and technologies to mitigate
adverse effects, including those identified under
subparagraph (C);
(E) potential conflicts and solutions to mitigate
such conflicts between offshore aquaculture facilities
and other users of the offshore environment;
(F) the types of data and qualitative information
necessary for the optimal operation of such facilities
and appropriate methods of procuring such data
information, including from citizen science (as defined
in section 402 of the Crowdsourcing and Citizen Science
Act (15 U.S.C. 3724) and the traditional aquaculture
knowledge of Tribal and Indigenous communities;
(G) the applicability and sufficiency of existing
regulatory systems on offshore aquaculture;
(H) existing local, State, Federal, and foreign
regulatory standards that may serve as models for
efficient and effective regulation of offshore
aquaculture; and
(I) the considerations necessary to account for the
effects of climate change predictive assessments on the
siting and operation of offshore aquaculture
facilities; and
(2) provide legislative and regulatory recommendations with
respect to--
(A) promoting the methods of operation identified
under paragraph (1)(A);
(B) mitigating adverse effects identified under
paragraph (2)(B);
(C) environmental standards, control rules, or
reference points that build upon the existing public
and private standards for aquaculture sustainability;
and
(D) ensuring that operators of offshore aquaculture
facilities adhere to international standards for social
responsibility, public health, and equitable labor
practices, including with respect to sourcing inputs
for such facilities.
SEC. 5. ASSESSMENT PROGRAM FOR OFFSHORE AQUACULTURE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall establish an assessment
program to evaluate the following with respect to offshore aquaculture:
(1) The ability of different commercial-scale facility
designs and operational methods to--
(A) survive various atmospheric and ocean
conditions, including high wind speeds or high-energy
ocean conditions associated with severe weather,
without--
(i) allowing escapes of cultivated
organisms;
(ii) loss of infrastructure; or
(iii) wildlife entanglement resulting from
loss or damaged infrastructure;
(B) prevent adverse wildlife impacts, including
entanglements of large whales, sea turtles, and other
species protected under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.);
(C) prevent adverse impacts on the marine
environment, including impacts to habitat, water
chemistry, and wildlife; and
(D) avoid adverse impacts on navigation and safety
to existing ocean users due to aquaculture facilities,
including requirements for operations, navigation, and
transit associated with such facilities.
(2) The ability for different technologies to provide
reliable and timely data on offshore aquaculture facilities
(including visual data and other relevant data types) to enable
the Administrator to monitor--
(A) project compliance with the requirements of
subsection (b);
(B) impacts on the marine environment; and
(C) interference with existing uses of the water
body in which the project is located.
(3) The relative risks, benefits, and cost of various types
of aquaculture, including different species of finfish in
different geographies and under varying climactic and
ecological conditions.
(4) The development of performance standards for offshore
aquaculture operations.
(b) Pilot Project Selection.--
(1) Solicitation.--The Administrator shall solicit and
accept applications for participation in the assessment program
from projects that would advance the objectives of subsection
(a), including--
(A) objective analyses of data from commercial-
scale and other demonstration projects existing or
carried out in offshore waters of the United States or
other countries within the past 15 years; or
(B) pilot projects proposed to be operated in the
exclusive economic zone.
(2) Publication.--The Administrator shall publish in the
Federal Register a notice summarizing each application received
under this section and invite and consider public comments
regarding the pilot projects proposed under those applications
for their inclusion in the assessment program.
(3) Designation of adjacent coastal jurisdictions.--The
Administrator shall promulgate a mechanism for identifying and
designating, with respect to each pilot project application
received under paragraph (1), the nearest adjacent coastal
jurisdiction or jurisdictions.
(4) Notice.--The Administrator shall provide a copy of each
pilot project application to each adjacent coastal jurisdiction
designated under paragraph (3).
(5) Denial at the request of adjacent coastal
jurisdiction.--If, in the 60-day period after receiving notice
of a pilot project application under paragraph (4), an adjacent
coastal jurisdiction requests that the Secretary rejects such
application, the Secretary shall reject such application.
(6) Pilot project approval.--Not later than 1 year after
the date of the enactment of this section, the Administrator
shall approve not less than 1 and not more than 4 applications
for aquaculture pilot projects that--
(A) cultivate species that pose minimal threat of
harm to wildlife and the ecosystem in which the project
is located;
(B) incorporate design and operational
characteristics that minimize the risk of escape,
wildlife entanglement, and adverse pollution impacts;
(C) have developed and are able to implement an
escape response and infrastructure loss or damage plan
that minimizes the impact of any escapes or
infrastructure loss or damage on the marine environment
and on other uses of the water body in which the
project is located;
(D) comply with all applicable requirements of the
Clean Water Act (33 U.S.C. 1851 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(E) are compatible with, and prevent or minimize
displacement of, existing uses and users of the marine
environment in which it is located;
(F) will conform to best practices to avoid or
minimize the use of antibiotics and other
pharmaceuticals and minimize the release of such
pharmaceuticals into the environment; and
(G) will be conducted over a period of 5 years.
(7) Aquaculture opportunity area.--The Administrator may
elect to site a project approved under this section in an
Aquaculture Opportunity Area.
(8) Permit.--The Administrator shall issue the appropriate
permits to allow each pilot project approved under paragraph
(6) to conduct offshore aquaculture activities in the exclusive
economic zone in accordance with this Act.
(c) Priority Consideration.--In considering pilot project
applications, the Administrator shall give priority consideration to
pilot projects owned or operated by--
(1) veterans, or entities in which a veteran or veterans
have a majority ownership interest;
(2) members of an environmental justice community or
underserved community, or entities in which a member or members
of an environmental justice community or underserved community
have a majority ownership interest;
(3) entities that primarily serve or employ members of an
environmental justice community or underserved community; or
(4) applicants who can demonstrate that the pilot project
will directly benefit individuals who are already participating
in the agricultural, wild-caught fishery, and aquaculture
industries who have been negatively impacted by the COVID-19
pandemic, natural disasters, or disaster declarations.
(d) Interim Final Rule.--The Administrator may make an interim
final rule to implement the requirements under this section.
(e) Assessment Program Participant Reporting.--
(1) Data and monitoring.--The owner or operator of each
commercial-scale demonstration project or pilot project
approved for inclusion in the assessment program under this
section shall submit such documentation, in such time, place,
and manner as the Administrator determines appropriate,
including--
(A) production data;
(B) interactions with wild species, mitigation
measures taken, and the result;
(C) technology and operational practices used to
measure and monitor effluent, integrity of cage
materials and other gear, and health of the cultivated
species;
(D) environmental and ecosystem impacts;
(E) data necessary to assess the considerations
described in section 4(b);
(F) information necessary for the Secretary to make
a revocation or modification determination under
subsection (f);
(G) owner, operator, and employee demographic data
and other relevant data as determined by the
Administrator for purposes of assessing the pilot
project's direct benefits to environmental justice
communities and the economic and social benefits for
nearby coastal communities;
(H) navigation and safety impacts to existing ocean
users; and
(I) such additional information as the
Administrator requires to fulfill the goals and
objectives of the assessment program.
(2) Technical assistance.--The Administrator shall, upon
request, provide technical assistance to owners and operators
of commercial-scale demonstration projects and pilot projects
to comply with the reporting requirements of this section.
(3) Emergency reporting.--The Administrator shall establish
an emergency reporting process for each owner or operator of an
aquaculture pilot project approved under this section to
immediately report suspected or known interactions between
pilot project facilities or vessels and protected wild species.
(f) Authority To Revoke or Modify Pilot Project Participation.--The
Administrator may require modifications to, or terminate pilot project
participation under this section, and order the removal of an offshore
aquaculture facility authorized to operate under this section if--
(1) the project incurs an incident involving a death or
serious personal injury, and the Administrator determines that
project operator negligence was the cause or a contributing
factor to such incident;
(2) operation of the project results in a violation of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
(3) the pilot project owner or operator fails to comply
with all of the terms and conditions of the pilot program
approval or modifications required by the Administrator under
this subsection; or
(4) the Administrator determines that continued
participation in the pilot program by the project would be
unsafe or result in unacceptable negative impacts to the marine
environment or nearby communities, or other users of the water
body in which the project is located.
(g) Reports.--
(1) Annual reports.--Not later than 2 years after the date
of enactment of this Act and annually thereafter for the
duration of the assessment program, the Administrator shall
publish, make available to the public, and submit to
aquaculture stakeholders (including each adjacent coastal
jurisdiction and each affected Tribal or Indigenous community,
regional fishery management council, interstate fisheries
commission, conservation organization, and fisheries
association) a report that includes the following information:
(A) A description of each approved pilot project.
(B) In the first report, documentation supporting
selection of each approved pilot project.
(C) A summary of the information reported to the
Administrator under subsection (e) for each approved
pilot project.
(D) a description of the progress made toward
meeting the goals described in subsection (a).
(2) Final report.--Not later than 1 year after the date of
the completion of the assessment program, the Administrator
shall submit to the appropriate committees of Congress a report
describing the results of the pilot program that includes the
following information:
(A) An evaluation based on data from the assessment
program of the opportunities and risks of offshore
aquaculture regarding--
(i) marine ecosystems;
(ii) other users of the exclusive economic
zone;
(iii) other ecosystems goods and services;
(iv) social and economic impacts to nearby
communities, including cumulative impacts and
impacts on environmental justice communities,
low-income communities, and communities of
color;
(v) best practices to mitigate risks; and
(vi) best practices to prevent disparate
impacts.
(B) Any recommendations of the Administrator for
amendments to statutes or regulations and the
establishment of performance standards for offshore
aquaculture siting and operations, that--
(i) would minimize risks posed by
aquaculture operations to marine ecosystems;
(ii) would enhance the safe operation of
aquaculture facilities, service vessels, and
associated activities;
(iii) prevent displacement of existing uses
and users; and
(iv) are technically, operationally, and
economically feasible.
SEC. 6. AQUACULTURE CENTERS OF EXCELLENCE.
(a) Minority Aquaculture Research and Entrepreneurship Grants.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Administrator shall
establish the ``Aquaculture Centers of Excellence'' program to
award grants to covered institutions to assist in establishing
or enhancing an aquaculture curriculum for undergraduate or
graduate courses of study at such covered institutions.
(2) Applications.--To be eligible for a grant under this
section, a covered institution shall submit to the
Administrator an application in such form, at such time, and
containing such information as the Administrator determines
appropriate, including any plans to partner with other
institutions of higher education pursuant to paragraph (4).
(3) Grant uses.--A covered institution receiving a grant
under this section--
(A) shall use such grant funds to establish or
enhance an aquaculture curriculum for undergraduate or
graduate studies that includes--
(i) training in various skill sets needed
by successful aquaculture entrepreneurs,
including--
(I) business management, strategic
planning, business plan development,
capital financing and fundraising,
financial management and accounting,
market analysis and competitive
analysis, and market entry and strategy
execution; and
(II) any other skill sets specific
to the needs of the student population
and the surrounding community,
including social and environmental
sustainability, as determined by the
institution;
(ii) natural and social science research
programs in aquaculture and natural fisheries,
including offshore aquaculture;
(iii) development of extension programs (or
cooperation with existing extension programs)
that educate and engage community members,
including elementary and secondary school
students, on aquaculture and aquaculture career
pathways that transfer newly developed
techniques and research information developed
or collated at the covered institution to
aquaculture practitioners; and
(iv) career development, such as the
establishment of cooperatives, apprenticeships,
mentorships, accelerators, or grant
competitions; and
(B) may only use such grant funds for expenses
directly related to the implementation of the
curriculum or activities authorized by this section.
(4) Partnerships.--In applying for and carrying out
activities with grants under this section, a covered
institution may partner with other institutions of higher
education with established aquaculture programs, including
institutions of higher education not otherwise eligible for
grants under this section, to facilitate the sharing of
resources and knowledge necessary for aquaculture curriculum
development or enhancement at the covered institution.
(5) Grant limitations.--A grant awarded under this section
may only be used for expenses directly related to the
implementation of the curriculum or activities authorized by
this section.
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 to
remain available until expended, for each of fiscal years 2023
through 2027.
(b) Definitions.--In this section:
(1) Covered institution.--The term ``covered institution''
means--
(A) a minority-serving institution;
(B) a historically Black college or university; or
(C) a Tribal College or University.
(2) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in paragraphs (2), (4), (5), (6), and (7) of section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) Tribal college or university.--The term ``Tribal
College or University'' means and institution described in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)) that is chartered under the sovereign
authority of its respective Tribal Nation or by the Federal
Government.
SEC. 7. RULE OF CONSTRUCTION.
Any requirement in this Act to identify or consider an impact or
effect on human health, the environment, or the climate shall include a
requirement to make such identification or consideration while taking
into account--
(1) the cumulative impact of such impact or effect in the
context of all sources of emissions, discharges, or releases
from any source, past, present, or in the reasonably
foreseeable future, on the affected environment and population;
(2) any characteristics of such environment and population
that may heighten vulnerability to environmental pollution and
related health risks; and
(3) any action or practice that, even if appearing neutral,
has the effect of subjecting individuals to discrimination on
the basis of race, color, or national origin.
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