,,ii #aaeth ,,congress #b;d ,session ,s4 #cach ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf1 #bjah ,mr4 ,wicker 7for himself and ,mr4 ,rubio7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish a regulatory system for marine aquaculture in the ,united ,states exclusive economic zone1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,advancing the ,quality and ,understanding of ,american ,aquaculture ,act or the ,,aquaa ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings and purposes4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,office of ,marine ,aquaculture4 ,sec4 #e4 ,administration4 ,sec4 #f4 ,offshore aquaculture permits4 ,sec4 #g4 ,restrictions on offshore aquaculture activities4 ,sec4 #h4 ,recordkeeping and access to information4 ,sec4 #i4 ,programmatic environmental impact statements4 ,sec4 #aj4 ,environmental and management standards4 ,sec4 #aa4 ,research and development grant program4 ,sec4 #ab4 ,enforcement4 ,sec4 #ac4 ,authorization of appropriations4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,there is increasing interest within the ,united ,states in developing commercial marine aquaculture1 in order to provide nutritious1 sustainable seafood for domestic consumption and export to global markets4 7#b7 ,there is a need for a ,federal program in the ,united ,states that specifically provides a comprehensive1 nationwide permitting system for1 or management of1 marine aquaculture facilities in the exclusive economic zone4 7#c7 ,regulatory certainty and security of tenure are needed to make business investment decisions about marine aquaculture4 7#d7 ,potential economic1 environmental1 and social benefits can be derived from marine aquaculture technologies4 ,to balance those benefits against concerns about environmental and socioeconomic impacts1 additional research and development is needed to adequately assess the potential for adverse impacts on the environment and coastal communities1 to develop tools and practices for proper siting and operation of marine aquaculture facilities1 and to ensure that those impacts1 if any1 can be mitigated through improvements of marine aquaculture technologies4 7#e7 ,the ,united ,states is the leading global net importer of fish and fishery products1 with over #ij percent of the seafood consumed in the ,united ,states1 by value1 imported from other countries1 about #ej percent of which is derived from aquaculture4 ,the ,united ,states1 as a result1 runs a substantial trade deficit in seafood4 7#f7 ,increasing the overall effectiveness and productivity of ,federal aquaculture research1 technology transfer1 and assistance programs is coordinated by the ,interagency ,working ,group on ,aquaculture 7referred to in this section as ,,iwga and formerly known as the ,joint ,subcommittee on ,aquaculture71 which was created by ,congress in the ,national ,aquaculture ,act of #aihj 7,public ,law #if-cfb74 ,the ,,iwga is chaired by the ,department of ,agriculture1 with vice-chairs from the ,department of ,commerce and the ,department of the ,interior1 and reports to the ,committee on ,science of the ,national ,science and ,technology ,council4 ,the ,,iwga addresses issues of national scope and importance and may form national task forces or special projects to facilitate a coordinated1 systematic approach to addressing critical issues and needs4 7#g7 ,as affirmed by ,congress in the ,national ,aquaculture ,act of #aihj 7,public ,law #if-cfb71 marine aquaculture conducted in ,federal waters is in the public interest4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to support the development of a sustainable marine aquaculture industry in the ,united ,states2 7#b7 to safeguard the marine environment1 wild fish stocks1 and our coastal communities2 7#c7 to support research and technology development to further these goals2 7#d7 to provide new jobs and to support existing jobs within the seafood industry of the ,united ,states1 including jobs for traditional fishing industry partners2 and 7#e7 to reduce the ,united ,states seafood trade deficit by expanding the domestic supply of seafood through the production of marine aquaculture4 #c4 ,definitions ,in this ,act3 7#a7 ,coastal ,state ,except as otherwise specifically provided1 the term coastal ,state has the meaning given the term coastal state in section #cjd7d7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec7d774 7#b7 ,cultured species ,the term cultured species means-- 7,a7 any finfish1 mollusk1 crustacean1 aquatic plant1 alga1 echinoderm1 zooplankton1 diadromous species1 or other marine species propagated and reared for marine aquaculture1 excluding marine mammals and birds2 or 7,b7 a natural set of mussels or other species described in subparagraph 7,a7 that provide seed for certain types of aquaculture practices1 such as rope culture for mussels4 7#c7 ,exclusive economic zone 7,a7 ,in general ,unless otherwise specified by the ,president in the public interest in a writing published in the ,federal ,register1 the term exclusive economic zone means a zone1 the outer boundary of which is #bjj nautical miles from the baseline from which the breadth of the territorial sea is measured 7except as established by a maritime boundary treaty in force or being provisionally applied by the ,united ,states or1 in the absence of such a treaty1 where the distance between the ,united ,states and another country is less than #djj nautical miles1 a line equidistant between the ,united ,states and the other country74 7,b7 ,inner boundary ,without affecting any ,presidential proclamation with regard to the establishment of the ,united ,states territorial sea or exclusive economic zone1 the inner boundary of the exclusive economic zone is-- 7i7 in the case of the coastal ,states1 a line coterminous with the seaward boundary of each such ,state1 as described in section #d of the ,submerged ,lands ,act 7#dc ,u4,s4,c4 #acab72 7ii7 in the case of ,puerto ,rico1 a line #c marine leagues from the coastline of ,puerto ,rico2 7iii7 in the case of ,american ,samoa1 the ,virgin ,islands1 and ,guam1 a line #c geographic miles from the coastlines of ,american ,samoa1 the ,virgin ,islands1 or ,guam1 respectively2 7iv7 in the case of the ,commonwealth of the ,northern ,mariana ,islands-- 7,i7 the coastline of the ,commonwealth of the ,northern ,mariana ,islands1 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 coastline2 and 7,,ii7 upon the ,united ,states grant of such authority1 the line established by such grant of authority2 or 7v7 for any possession of the ,united ,states not under clause 7ii71 7iii71 or 7iv71 the coastline of such possession4 7,c7 ,construction ,nothing in this definition may be construed to diminish the authority of the ,department of ,defense1 the ,department of the ,interior1 or any other ,federal department or agency4 7#d7 ,lessee ,the term lessee means any party to a lease1 right-of-use and easement1 or right-of-way1 or an approved assignment thereof1 issued pursuant to the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq474 7#e7 ,marine aquaculture ,the term marine aquaculture means any activity involved in the propagation1 rearing1 or attempted propagation or rearing1 of cultured species in saltwater or brackish water conditions in the exclusive economic zone1 ,state waters1 coastal waters1 estuaries1 or land-based facilities1 including recirculating saltwater facilities directly supporting such activities4 7#f7 ,offshore aquaculture ,the term offshore aquaculture means any activities involved in the propagation1 rearing1 or attempted propagation or rearing1 of cultured species in the exclusive economic zone4 7#g7 ,offshore aquaculture facility ,the term offshore aquaculture facility means-- 7,a7 an installation or structure used1 in whole or in part1 for offshore aquaculture2 or 7,b7 an area of the seabed1 water column1 or the sediment used for offshore aquaculture4 7#h7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,commerce1 acting through the ,under ,secretary of ,commerce for ,oceans and ,atmosphere4 #d4 ,office of ,marine ,aquaculture 7a7 ,office of ,marine ,aquaculture ,the ,secretary shall establish and provide resources to an ,office of ,marine ,aquaculture within the ,national ,marine ,fisheries ,service at the ,national ,oceanic and ,atmospheric ,administration headquarters1 including presence in each of the regional fisheries offices of the ,national ,oceanic and ,atmospheric ,administration4 7b7 ,duties ,the ,office of ,marine ,aquaculture shall-- 7#a7 coordinate regulatory1 scientific1 outreach1 and international issues related to aquaculture within the ,national ,oceanic and ,atmospheric ,administration2 7#b7 coordinate the ,national ,oceanic and ,atmospheric ,administration's aquaculture activities1 in collaboration with the ,office of ,oceanic and ,atmospheric ,research and the ,national ,ocean ,service2 7#c7 support existing aquaculture outreach1 education1 extension services1 and training efforts1 such as those from the ,national ,sea ,grant ,college ,program and the ,national ,oceanic and ,atmospheric ,administration ,regional ,aquaculture ,coordinators2 7#d7 provide opportunities for engagement with owners and operators of offshore aquaculture facilities1 fishery management councils1 conservation organizations1 fisheries associations1 ,state governments1 and other interested stakeholders2 7#e7 administer the research and development grant program under section #aa2 7#f7 organize through each regional fisheries office a network of regional experts and ,federal agency contacts1 in coordination with relevant organizations 7including the ,national ,sea ,grant ,college ,program1 the ,department of ,agriculture ,regional ,aquaculture ,centers1 land-grant universities1 and the ,cooperative ,extension ,system of the ,department of ,agriculture7 to provide technical expertise and extension services on marine aquaculture and information on ,federal permit requirements2 7#g7 maintain supporting aquaculture divisions in each of the regional fisheries offices of the ,national ,oceanic and ,atmospheric ,administration2 and 7#h7 administer at least #a ,administration ,regional ,aquaculture ,coordinator in each of the #f ,national ,marine ,fisheries regions1 which shall be located at a regional office in the respective region4 7c7 ,aquaculture subcommittee ,the ,office of ,marine ,aquaculture shall coordinate its activities with the aquaculture advisory board of the ,marine ,fisheries ,advisory ,committee4 ,the ,marine ,fisheries ,advisory ,committee shall designate the ,aquaculture ,subcommittee as a permanent1 standing committee to serve as an external board to advise the ,secretary on aquaculture4 ,the ,aquaculture ,subcommittee shall coordinate with the ,national ,sea ,grant ,advisory ,board1 as appropriate4 #e4 ,administration 7a7 ,,noaa authority ,the ,national ,oceanic and ,atmospheric ,administration shall serve as the lead ,federal agency for purposes of providing information on ,federal permitting requirements for marine aquaculture in ,state and ,federal waters4 7b7 ,discussion of proposed projects ,for offshore aquaculture1 the ,national ,oceanic and ,atmospheric ,administration shall arrange opportunities for prospective permit applicants to discuss proposed projects with other ,federal agencies with ,federal permit and review responsibilities prior to submittal of a permit application1 and coordinate the efficient application for permits and approvals required by ,federal agencies4 ,nothing in this subsection precludes an applicant from contacting other relevant ,federal agencies directly4 7c7 ,regulations ,the ,secretary shall-- 7#a7 promulgate regulations1 after consulting with relevant ,federal agencies1 coastal ,states1 regional fishery management councils1 and tribal governments 7within the meaning of such term in ,executive ,order #acage 7#fe ,fed4 ,reg4 #fgbdi77 to implement this ,act1 including-- 7,a7 procedures to issue1 modify1 deny1 revoke1 or suspend an offshore aquaculture permit2 7,b7 procedures to coordinate the offshore aquaculture permitting process1 with similar or complementary activities administered by other ,federal agencies1 tribal governments1 and coastal ,states2 7,c7 procedures to monitor and evaluate permit compliance2 7,d7 procedures to transfer an offshore aquaculture permit from an original permit holder to a person that meets the requirements under section #f7;a72 7,e7 procedures to consider public-private partnerships2 7,f7 procedures to minimize1 as much as practicable1 conflicts with existing uses in the exclusive economic zone2 and 7,g7 development of an offshore aquaculture permit that can be issued in accordance with the requirements of section #f2 and 7#b7 promulgate such additional regulations as are necessary and appropriate to carry out this ,act4 7d7 ,agreements ,the ,secretary may enter into and perform such contracts1 leases1 or cooperative agreements1 and make and receive such grants or funds1 as may be necessary to carry out this ,act4 7e7 ,assurance of animal health 7#a7 ,in general ,nothing in this section shall affect the authority of the ,secretary of ,agriculture to-- 7,a7 carry out the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcja et seq47 with respect to cultured species in the exclusive economic zone2 or 7,b7 operate as the lead ,federal agency for providing animal health oversight for cultured species in the exclusive economic zone4 7#b7 ,criteria for practicing veterinary medicine in waters outside ,state jurisdiction ,a veterinarian may practice veterinary medicine in waters outside ,state jurisdiction if the veterinarian-- 7,a7 is licensed and in good standing to practice veterinary medicine in any ,state2 7,b7 holds a category ,,ii veterinary accreditation from the ,animal and ,plant ,health ,inspection ,service that includes completion of aquatic animal health modules of the ,animal and ,plant ,health ,inspection ,service2 and 7,c7 has a valid veterinarian client-patient relationship with the facility in which he or she is practicing veterinary medicine4 #f4 ,offshore aquaculture permits 7a7 ,in general ,after the ,secretary promulgates final regulations under section #e7;c77#a71 the ,secretary may issue an offshore aquaculture permit if the ,secretary determines that-- 7#a7 the applicant has demonstrated that the offshore aquaculture facility will be-- 7,a7 maintained in good working order2 and 7,b7 operated and sited in a manner that minimizes adverse impacts on the marine environment2 7#b7 the proposed offshore aquaculture facility is consistent with national policy goals and objectives1 including sustainable and healthy fisheries1 maritime shipping1 and environmental quality1 consistent with section #aj2 and 7#c7 issuance of the offshore aquaculture permit is not prohibited under section #g7;b74 7b7 ,authorized activities ,an offshore aquaculture permit holder-- 7#a7 shall be authorized to conduct offshore aquaculture consistent with this ,act 7including regulations71 other applicable provisions of law 7including regulations71 and any terms or conditions prescribed under subsection 7d77#b72 and 7#b7 may raise specified cultured species in a specific offshore aquaculture facility within a specified area of the exclusive economic zone if the cultured species is considered-- 7,a7 native to the region where the aquaculture facility is located2 7,b7 sterile or otherwise not capable of producing viable offspring2 or 7,c7 by the best available science1 to be not likely to become invasive and cause undue harm to wild species1 habitats1 or ecosystems1 or supplement existing invasive populations1 in the event of an escape4 7c7 ,permit procedure 7#a7 ,application ,an applicant for a permit shall submit an application to the ,secretary4 ,the application shall specify-- 7,a7 the proposed location of the offshore aquaculture facility2 7,b7 the type of operation2 7,c7 the cultured species1 or a specified range of species1 to be propagated or reared1 or both1 at the offshore aquaculture facility2 7,d7 the ways in which the permit holder will address potential environmental impacts1 including invasive species1 pathogens1 impacts on benthic habitat and water quality2 7,e7 a plan to protect the health of the cultured species described in subparagraph 7,c71 including a plan for responding to a disease outbreak2 7,f7 such other design1 construction1 and operational information1 as the ,secretary may require1 including measures to withstand significant weather events that could damage or impact the offshore aquaculture facility and a contingency plan for responding to an escape of farmed fish of the proposed cultured species1 from the offshore aquaculture facility1 including a response to a technical failure of the facility that presents a navigational hazard2 7,g7 a plan for conducting necessary environmental monitoring2 and 7,h7 a facility decommissioning plan4 7#b7 ,notice ,the ,secretary shall provide public notice and an opportunity for public comment for each offshore aquaculture permit application4 ,to the extent practicable1 the public notice for each permit application shall fulfill the public notice requirement for all ,federal agencies under all applicable provisions of law1 and the response to public comment shall include all agency responses to all aspects of each facility or group of facilities4 7#c7 ,deadlines for consideration of applications for permits ,not later than #aj days after the date on which the ,secretary receives an offshore aquaculture permit application1 the ,secretary shall-- 7,a7 notify the applicant that the application is complete2 or 7,b7 notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete4 7#d7 ,issuance or deferral ,not later than #cj days after the period for public comments on a completed application has concluded1 the ,secretary shall-- 7,a7 issue the permit1 if the requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and other applicable law have been completed within such timeframe2 or 7,b7 defer the decision on the permit and provide to the applicant a notice-- 7i7 that specifies any steps that the applicant could take for the permit to be issued2 and 7ii7 a list of actions that need to be taken by the agency to complete compliance with applicable law together with timelines and deadlines for completing such actions4 7#e7 ,requirements for deferred applications 7,a7 ,in general ,if the ,secretary provides notice under paragraph 7#d77;,b71 the applicant shall have a period of #b years from the date of receipt of the notice in which to complete all requirements specified by the ,secretary1 including providing information needed for compliance with the ,national ,environmental ,policy ,act of #aifi4 7,b7 ,issuance of decision on permit ,if the applicant completes the requirements within the period specified in subparagraph 7,a71 the ,secretary shall issue a decision on the permit not later than #aj days after the date of completion of the requirements described in subparagraph 7,a71 unless compliance with the ,national ,environmental ,policy ,act of #aifi and other applicable law has not been completed within such timeframe4 7,c7 ,denial of permit ,if the applicant does not complete the requirements within the period specified in subparagraph 7,a7 or if the applicant does not comply with applicable law1 the ,secretary shall deny the permit4 7d7 ,eligible applicants ,an offshore aquaculture permit holder shall be-- 7#a7 a citizen or permanent resident of the ,united ,states2 or 7#b7 a corporation1 partnership1 or other entity that-- 7,a7 is organized and existing under the laws of a ,state or the ,united ,states2 and 7,b7 is not ,state-owned or majority-controlled by a ,state-owned enterprise4 7e7 ,duration 7#a7 ,in general ,an offshore aquaculture permit shall have an initial #be-year duration1 and may be renewed subject to the terms of this ,act4 7#b7 ,exceptions 7,a7 ,the ,secretary shall develop the duration of an offshore aquaculture permit for a project involving pilot-scale testing or farm-scale research on aquaculture science and technologies4 7,b7 ,the ,secretary shall develop the duration of an offshore aquaculture permit subject to subsection 7m77#a71 in consultation with the ,secretary of the ,interior1 except that the permit shall expire not later than the date that the lessee or the lessee's operator submits1 to the ,secretary of the ,interior1 a final application for the decommissioning and removal of an existing facility upon which an offshore aquaculture facility is located4 7f7 ,renewal ,an offshore aquaculture permit holder may renew a permit for an additional #be-year period before the end of the original permit's duration provided that the permit or amended permit complies with existing requirements4 7g7 ,revocation ,the ,secretary may1 pursuant to regulations issued under this ,act1 revoke an offshore aquaculture permit if-- 7#a7 the permit holder fails to begin offshore aquaculture operations within #b years from the date the required ,federal permits are obtained2 7#b7 there is a prolonged interruption of offshore aquaculture operations1 unrelated to best management practices such as fallowing1 which the ,secretary may consider to be prolonged no sooner than #b years after the initial interruption2 or 7#c7 the permit holder repeatedly violates the conditions of the aquaculture permit and the ,secretary determines that such violations are severe enough to warrant discontinuation of operations4 7h7 ,expiration ,not later than #a year after the expiration or termination of an offshore aquaculture permit1 a permit holder shall-- 7#a7 remove all structures1 gear1 and other property from the site2 and 7#b7 take such other measures to restore the site1 as the ,secretary considers necessary4 7i7 ,emergency determination ,if the ,secretary determines that an emergency exists that poses a significant risk to the safety of humans1 to the marine environment1 to cultured species1 to a marine species1 or to the security of the ,united ,states and that requires suspension1 modification1 or revocation of an offshore aquaculture permit1 the ,secretary may suspend1 modify1 or revoke the permit for such time as the ,secretary determines is necessary to address the emergency4 ,the ,secretary shall afford the permit holder a prompt post-suspension1 post-modification1 or post-revocation opportunity to be heard regarding the suspension1 modification1 or revocation4 7j7 ,fees 7#a7 ,establishment ,the ,secretary may establish1 by regulation1 application fees and annual permit fees4 ,the fees shall be deposited as offsetting collections in the ,operations1 ,research1 and ,facilities account4 ,fees may be collected and made available to the extent provided in advance in appropriation ,acts4 ,such fees 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 management1 data collection1 analysis1 inspection1 and enforcement activities related to permits under this section4 7#b7 ,waivers ,the ,secretary may waive1 in whole or in part1 any fee under this section if an offshore aquaculture facility is used primarily for research4 7#c7 ,guarantees ,the ,secretary shall require a permit holder to post a bond or other form of financial guarantee in an amount determined by the ,secretary1 to be reasonable and commensurate with the aquaculture operation and as sufficient to cover1 without duplication-- 7,a7 any unpaid fees2 7,b7 the cost of removing an offshore aquaculture facility at the expiration or termination of an offshore aquaculture permit2 and 7,c7 the cost of site remediation for impacts arising from authorized activities4 7k7 ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,beginning on the effective date of the final regulations promulgated under section #e7;c77#a71 the conduct of offshore aquaculture that is in accordance with an offshore aquaculture permit issued under this ,act shall not be considered fishing for purposes of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7l7 ,statutory construction ,an offshore aquaculture permit issued under this ,act shall not supersede or substitute for any other authorization required under ,federal or ,state laws 7including regulations74 7m7 ,actions affecting the outer continental shelf 7#a7 ,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 shelf4 7#b7 ,prior consent required ,an offshore aquaculture facility may not be located on a lease1 right-of-use and easement1 or right of way authorized or permitted under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 without the prior consent of any lessee and other owner of operating interest4 7#c7 ,compliance review ,the ,secretary of the ,interior shall review and approve each agreement between a prospective offshore aquaculture operator and a lessee4 ,the ,secretary of the ,interior shall ensure that the agreement is consistent with the ,federal lease terms1 ,department of the ,interior regulations1 and the ,secretary of the ,interior's role in the protection of the marine environment1 property1 and human life or health4 ,an agreement under this subsection shall-- 7,a7 be part of the information reviewed under the ,coastal ,zone ,management ,act review process under paragraph 7#d72 and 7,b7 not be subject to a separate ,coastal ,zone ,management ,act review4 7#d7 ,coordinated coastal zone management act review 7,a7 ,state review under section #cjg7;c77#c77;,a7 of the ,coastal ,zone ,management ,act of #aigb 7i7 ,in general ,a coastal ,state's review under the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 shall include any modification or change to a lessee's approved plan that results from1 or is necessary for1 the issuance of an offshore aquaculture permit if the ,state simultaneously receives-- 7,i7 the information related to the modification or change2 and 7,,ii7 the offshore aquaculture permit applicant's consistency certification4 7ii7 ,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 certification1 then-- 7,i7 a lessee shall not be required to submit a separate consistency certification for the modification or change under section #cjg7;c77#c77;,b7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adef7;c77#c77;,b772 and 7,,ii7 the coastal ,state's concurrence 7or presumed concurrence7 or objection to the consistency certification for the offshore aquaculture permit under section #cjg7;c77#c77;,a7 of such ,act shall apply both-- 7aa7 to the offshore aquaculture permit2 and 7bb7 to any related modification or change to a lessee's plan approved under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq474 7,b7 ,state review under section #cjg7;c77#c77;,b7 of the ,coastal ,zone ,management ,act of #aigb ,to the extent that a coastal ,state is not authorized by section #cjg7;c77#c77;,a7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adef7;c77#c77;,a77 to review an offshore aquaculture permit application submitted under this ,act1 then a modification or change to a lessee's approved plan shall be subject to coastal ,state review under section #cjg7;c77#c77;,b7 of such ,act if a consistency certification for the modification or change is required under applicable ,federal regulations4 7,c7 ,lessee's approved plan defined ,in this paragraph1 the term lessee's approved plan includes a document for which a consistency certification is required under applicable ,federal regulations1 such as a change to the approved plan for decommissioning a facility4 7#e7 ,additional authority 7,a7 ,in general ,the ,secretary of the ,interior may1 to carry out this subsection-- 7i7 promulgate rules and regulations as necessary and appropriate2 7ii7 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 permits1 authorizations1 leases1 negotiated agreements1 right-of-way1 or right-of-use and easement were issued under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq472 7iii7 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 facility1 and to protect the marine environment1 property1 or human life or health2 and 7iv7 enforce all requirements contained in the regulations1 lease terms and conditions1 and orders under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq474 7,b7 ,interpretation ,failure to comply with any order issued under subparagraph 7,a77iii7 shall constitute a violation of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq474 7n7 ,permitting harmonization 7#a7 ,in general ,in promulgating the regulations required to implement this ,act1 the ,secretary shall1 to the maximum extent practicable1 minimize duplication and harmonize timelines and requirements with other required ,federal permits4 ,efforts under this subsection shall include coordinating timelines for permit application and review processes 7including public notice and comment periods7 and aligning information requests and reporting requirements for permit applicants and permit holders4 7#b7 ,environmental analysis ,the ,national ,oceanic and ,atmospheric ,administration1 through the ,office of ,marine ,aquaculture and associated divisions1 shall be responsible for coordinating any environmental analysis or environmental impact statement required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 by serving as the lead ,federal agency for a single consolidated environmental review for all applicable ,federal permits for an offshore aquaculture facility or group of facilities1 with input from other ,federal agencies as cooperating agencies under such ,act4 7#c7 ,coordination of permitting activities ,to the extent practicable under this ,act and all other applicable laws and regulations1 ,federal agencies with permitting requirements applicable to offshore aquaculture facilities shall coordinate all permitting activities with the ,office of ,marine ,aquaculture4 ,such coordination shall include the following3 7,a7 ,coordinating permit requirements1 permit application and review procedures1 and monitoring and reporting requirements1 and eliminating duplicative requirements4 7,b7 ,aligning permit application and review timelines4 7,c7 ,participating as a cooperating agency in the preparation of any environmental analysis or environmental impact statement required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for an offshore aquaculture facility or facilities4 7,d7 ,contributing to the single request for public comment and the consolidated response to public comment prepared pursuant to subsection 7c77#b74 7#d7 ,delegation ,unless otherwise prohibited1 a ,federal agency with regulatory authority for offshore aquaculture may delegate its authority to another ,federal agency4 #g4 ,restrictions on offshore aquaculture activities 7a7 ,in general ,except as provided in subsection 7c71 no person may engage in offshore aquaculture except in accordance with an offshore aquaculture permit-- 7#a7 issued under section #f2 or 7#b7 issued1 before the date of enactment of this ,act1 under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7b7 ,states with certain laws regarding aquaculture ,with respect to a coastal ,state that has in effect a law that bans or prohibits certain types of aquaculture1 cultured species shall be permitted in the exclusive economic zone adjacent to such ,state consistent with the law of such ,state4 7c7 ,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 ,act4 #h4 ,recordkeeping and access to information 7a7 ,regulations ,the ,secretary1 after consultation with other interested ,federal departments and agencies1 shall prescribe by regulation-- 7#a7 the records that a permit holder is required to establish and maintain2 7#b7 the reports that a permit holder is required to make2 7#c7 the information that a permit holder is required to provide1 which shall include-- 7,a7 data regarding escape events2 7,b7 the prevalence of disease in the offshore aquaculture facility1 including a description of veterinary services provided for treatment2 and 7,c7 other information1 as the ,secretary may require2 and 7#d7 any other recordkeeping that a permit holder is required to satisfy1 as necessary to carry out this ,act4 7b7 ,government access ,any ,united ,states official with an official responsibility for implementing and enforcing ,united ,states laws applicable to maritime fishing1 shipping1 or conservation1 shall have reasonable access1 at all times1 to an offshore aquaculture facility for which a permit is issued under this ,act 7for the purpose of enforcing laws under the official's jurisdiction or otherwise carrying out the official's responsibilities74 ,such an official may inspect1 at reasonable times1 records1 files1 papers1 permits1 processes1 controls1 and the offshore aquaculture facility and may test any feature of the offshore aquaculture facility4 ,each inspection shall be conducted with reasonable promptness4 ,the permit holder shall receive timely notification1 in writing1 of the results of the inspection4 7c7 ,inspection 7#a7 ,frequency ,the ,secretary shall conduct-- 7,a7 an annual inspection of offshore aquaculture facilities for which a permit is issued under section #f for the first #e years after issuance of the permit2 and 7,b7 a biennial inspection of such facilities thereafter4 7#b7 ,notice ,the ,secretary shall provide reasonable notice prior to site inspections at offshore aquaculture facilities pursuant to paragraph 7#a74 7#c7 ,facilities located on the outer continental shelf ,the ,secretary of the ,interior1 or a designee of such ,secretary1 is authorized with inspection authority under subsection 7b77#a7 for marine aquaculture facilities located on the outer continental shelf4 #i4 ,programmatic environmental impact statements 7a7 ,in general ,the ,secretary shall initiate and lead programmatic environmental impact statements 7referred to in this section as ,e,i,ss7 for areas of the exclusive economic zone determined by the ,secretary to be highly favorable for marine aquaculture and likely compatible with other uses of such areas4 7b7 ,distribution ,the programmatic ,e,i,ss conducted by the ,secretary pursuant to subsection 7a7 need not cover the entirety of the exclusive economic zone1 but the ,secretary shall attempt to provide coverage in each area of the exclusive economic zone1 including the ,east ,coast1 ,gulf ,coast1 ,west ,coast1 and other areas of the ,atlantic and ,pacific in the jurisdiction of the ,united ,states4 7c7 ,requirements ,the following shall apply3 7#a7 ,programmatic ,e,i,ss shall not supersede the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,individual projects may require additional review pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to support project-level decisionmaking and to analyze specific issues of concern to other ,federal agencies1 ,states1 and other stakeholders at the project level4 7#c7 ,programmatic and project-specific processes pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 described in this section should consider all public input1 including local and regional concerns4 #aj4 ,environmental and management standards ,in issuing permits under section #f and conducting the programmatic environmental impact statements under section #i1 the ,secretary shall-- 7#a7 consult with appropriate ,federal agencies1 coastal ,states1 and regional fishery management councils to identify the environmental and management requirements and standards that apply to offshore aquaculture under existing ,federal and ,state laws 7including regulations72 and 7#b7 consider environmental and management factors that apply to offshore aquaculture under existing ,federal and ,state law that-- 7,a7 are compatible with the use of the exclusive economic zone for navigation1 fishing1 resource protection1 recreation1 national defense 7including military readiness71 mineral and energy exploration and development1 transportation1 and other activities within the exclusive economic zone2 7,b7 are consistent with conservation and management measures under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 and will not unreasonably interfere with fishing access2 7,c7 recognize the importance of fishery resources to fishing communities as described in section #cja7;a77#h7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahea7;a77#h772 7,d7 to the extent practicable1 avoid1 minimize1 or mitigate adverse impacts to the marine environment2 7,e7 avoid1 minimize1 or mitigate to the extent practicable the risk to and impacts on wild fish stocks and fisheries2 7,f7 use only cultured species in ,federal waters that are described in section #f7;b77#b72 7,g7 prevent the transmission of disease or parasites to wild stocks2 7,h7 prevent the escape of culture species that may cause significant environmental harm2 7,i7 minimize the risks and impacts on biological1 chemical1 and physical features of water quality2 and 7,j7 avoid1 minimize1 or mitigate1 to the extent practicable1 the cumulative adverse effects of the offshore aquaculture operation in consideration of other existing offshore aquaculture operations in the vicinity of the proposed site4 #aa4 ,research and development grant program 7a7 ,in general ,the ,secretary shall establish1 in consultation with applicable ,federal agencies1 coastal ,states1 tribal governments1 regional fishery management councils1 academic institutions1 and interested stakeholders1 a research and development grant program to further the purposes of this ,act4 ,in carrying out this subsection1 the ,secretary shall consider utilizing existing programs that leverage ,state and local partnerships and take advantage of the extramural research community1 including the ,saltonstall-,kennedy ,grant ,program1 the ,national ,sea ,grant ,college ,program1 the ,national ,oceanographic ,partnership ,program1 and consortium of institutions4 7b7 ,components ,the research and development grant program shall award competitive1 peer-reviewed grants to fund research and extension services-- 7#a7 to improve the understanding and application of larviculture for improving larval survival and breeding practices for cultured species and species of future interest for marine aquaculture2 7#b7 to advance the understanding and application of genetics research with respect to cultured species and potential interactions with wild stocks2 7#c7 to advance research into cultured species disease and management1 mitigation1 and prevention of disease1 including efforts to support the development of comprehensive fish health management tools1 including access to safe and effective vaccines1 therapeutants1 and therapies2 7#d7 to develop cost-effective alternative feeds to optimize the use of wild fish1 fish oil1 plants1 and alternative sources of protein and lipids in marine aquaculture feeds and maintain the human health benefits of cultured seafood2 7#e7 to improve techniques for monitoring1 assessing1 and addressing environmental and socioeconomic effects2 7#f7 to develop and evaluate methodologies to prevent1 minimize1 and mitigate potential adverse ecosystem and socioeconomic impacts of marine aquaculture1 including methods for avoiding interactions with living marine resources2 7#g7 to conduct research to document and increase the potential positive effects of marine aquaculture2 7#h7 to transition innovative aquaculture technologies1 including technologies focused on the commercialization of high-value marine species1 from laboratory studies to commercial and restoration projects that create new1 and support existing1 jobs in coastal communities1 produce healthful locally sourced seafood1 revitalize working waterfronts1 support traditional fishing communities1 and restore depleted species and habitat2 7#i7 to advance engineering solutions for marine aquaculture1 to develop new technologies1 to design engineering innovations to reduce the potential for environmental impacts of marine aquaculture facilities1 and to refine existing aquaculture cultivation practices2 7#aj7 to monitor and assess the effects of environmental changes on marine aquaculture1 and develop adaptation strategies2 7#aa7 to enhance and develop seafood marketing programs for aquaculture species as part of broader ,federal seafood marketing initiatives to promote trade in both wild-caught and farmed seafood under existing grant programs2 and 7#ab7 to investigate other priority issues identified by the ,secretary4 7c7 ,coordination with other ,federal programs ,the ,secretary shall-- 7#a7 coordinate aquaculture research and development grants within the ,department of ,commerce and with other ,federal programs that provide grant funding for purposes similar to those under subsection 7b71 such as grants administered by the ,national ,sea ,grant ,college ,program and the ,national ,institute of ,standards and ,technology2 and 7#b7 coordinate the research and development grant program established in this section with the interagency aquaculture coordinating group established under section #f of the ,national ,aquaculture ,act of #aihj 7#af ,u4,s4,c4 #bhje7 and with the research and development conducted through the ,cooperative ,extension ,system of the ,department of ,agriculture4 7d7 ,cooperative research agreement ,to carry out this section1 the ,secretary may enter into a cooperative agreement with a ,state1 institution of higher education1 or other private institution or research center4 #ab4 ,enforcement 7a7 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate any provision of this ,act or any regulation or permit issued pursuant to this ,act2 7#b7 to refuse to permit any officer authorized to enforce the provisions of this ,act 7in accordance with subsection 7b77 access an offshore aquaculture facility subject to such person's control1 or any onshore facility1 vessel1 or other conveyance associated with such facility1 for purposes of conducting any search or inspection in connection with the enforcement of this ,act or any regulation or permit referred to in paragraph 7#a72 7#c7 to assault1 resist1 oppose1 impede1 intimidate1 or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph 7#b72 7#d7 to resist a lawful arrest for any act prohibited by this subsection2 7#e7 to ship1 transport1 offer for sale1 sell1 purchase1 import1 export1 or have custody1 control1 or possession of1 any fish produced1 taken1 retained1 or possessed in violation of this ,act or any regulation or permit referred to in paragraph 7#a72 7#f7 to interfere with1 delay1 or prevent1 by any means1 the apprehension or arrest of another person1 knowing that such other person has committed any act prohibited by this subsection2 7#g7 to knowingly and willfully 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 ,act2 or 7#h7 without authorization1 to remove1 damage1 or tamper with-- 7,a7 an offshore aquaculture facility owned by another person1 which is located in the exclusive economic zone1 including any component thereof2 or 7,b7 cultured species contained in such facility or component thereof4 7b7 ,authorities and responsibilities 7#a7 ,in general ,the authorities and responsibilities under subsections 7a71 7b71 7c71 and 7e7 of section #caa and subsection 7f7 of section #cjh of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa1 #aheh7 and paragraphs 7#b71 7#c71 and 7#g7 of section #caj7;b7 of the ,antarctic ,marine ,living ,resources ,convention ,act of #aihd 7#af ,u4,s4,c4 #bdci7;b77 shall apply with respect to enforcement of this ,act4 7#b7 ,included facilities and conveyances ,for purposes of enforcing this ,act1 any reference in the subsections and paragraphs listed in paragraph 7#a7-- 7,a7 to a vessel or fishing vessel includes all offshore aquaculture facilities1 and all associated onshore facilities1 vessels1 and other conveyances2 and 7,b7 to fish1 marine resource1 or marine resources includes cultured species4 7#c7 ,application of other provisions ,the subsections and paragraphs listed in paragraph 7#a7 apply to violations of this ,act and any regulations promulgated under this ,act4 7c7 ,civil enforcement ,any person who commits any act that is unlawful under subsection 7a7 shall be liable to the ,united ,states for a civil penalty1 and may be subject to a permit sanction1 under section #cjh7;g7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheh7;g774 7d7 ,forfeiture ,any offshore aquaculture facility1 and any associated onshore facilities1 vessel1 or other conveyance 7including its gear1 furniture1 appurtenances1 stores1 and cargo7 used1 and any cultured species 7or the fair market value thereof7 produced1 taken1 sold1 purchased1 retained1 imported1 exported1 or possessed in connection with or as result of the commission of any act prohibited by subsection 7a7 shall be subject to forfeiture under section #caj of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfj74 7e7 ,criminal enforcement ,any person who commits any act prohibited by paragraph 7#b71 7#c71 7#d71 7#f71 or 7#g7 of subsection 7a7 is guilty of an offense under section #cji of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahei74 7f7 ,savings clause ,notwithstanding any other provision of law1 no enforcement action under this ,act may take place without a warrant1 if a warrant would be required for the enforcement of a similar provision of law under ,federal or applicable ,state law4 #ac4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,secretary for the purpose of carrying out this ,act-- 7#a7 #fj1jjj1jjj for fiscal year #bjah2 7#b7 #fe1jjj1jjj for fiscal year #bjai2 7#c7 #gj1jjj1jjj for fiscal year #bjbj2 7#d7 #ge1jjj1jjj for fiscal year #bjba2 and 7#e7 #hj1jjj1jjj for fiscal year #bjbb4 7b7 ,sense of ,congress ,it is the sense of ,congress that1 in expending amounts appropriated under subsection 7a71 the ,secretary should prioritize the programmatic environmental impact statement program under section #i4