,i #aafth ,,congress #b;d ,session ,h4 ,r4 #faia ,,in ,,the ,,house ,,of ,,representatives ,march #aa1 #bjbj,mr4 ,peterson 7for himself and ,mr4 ,palazzo7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 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 zone1 and for other purposes4 #a4 ,short title 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 title4,sec4 #b4 ,purposes4,sec4 #c4 ,definitions4,title ,i--,national ,standards,sec4 #aja4 ,national standards for sustainable offshore aquaculture4,title ,,ii--,core ,activities,sec4 #bja4 ,offshore aquaculture permits4,sec4 #bjb4 ,enterprise zones4,title ,,iii--,refinements,sec4 #cja4 ,protection of offshore aquaculture facilities4,sec4 #cjb4 ,recordkeeping and access to information4,sec4 #cjc4 ,marine feed standards4,title ,,iv--,administrative ,provisions,sec4 #dja4 ,office of ,offshore ,aquaculture4,sec4 #djb4 ,domestic aquaculture production4,sec4 #djc4 ,outreach and education for offshore aquaculture4,sec4 #djd4 ,administration4,sec4 #dje4 ,report4,sec4 #djf4 ,extension of permit terms4,sec4 #djg4 ,interagency coordination of offshore aquaculture4,sec4 #djh4 ,prohibited acts4,sec4 #dji4 ,enforcement4,sec4 #daj4 ,authorization of appropriations4,title ,v--,research and ,development,sec4 #eja4 ,research and development grant programs4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to support the development of a sustainable aquaculture industry in the ,united ,states2 7#b7 to develop sustainable offshore aquaculture as a tool to support sustainable marine fisheries and ecosystem-based management2 7#c7 to simplify the ,federal regulatory regime for sustainable offshore aquaculture and safeguard the marine environment1 wild fish stocks1 and our coastal communities2 7#d7 to support research and technology development to further these goals2 7#e7 to create new jobs1 and support existing jobs within the seafood industry of the ,united ,states1 including jobs for traditional fishing industry partners2 and 7#f7 to reduce the ,united ,states seafood trade deficit by expanding the domestic supply of seafood through domestic aquaculture4 #c4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,aquaculture ,the term aquaculture has the meaning given such term in section #c of the ,national ,aquaculture ,act of #aihj 7#af ,u4,s4,c4 #bhjc74 7#b7 ,aquaculture stakeholder ,the term aquaculture stakeholder means owners and operators of offshore aquaculture facilities1 ,regional ,fishery ,management ,councils1 conservation organizations1 fisheries associations1 ,state1 county1 and ,tribal governments1 and other interested stakeholders4 ,the term also includes other ,federal agencies that have interests in aquaculture4 7#c7 ,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#d7 ,broodstock ,the term broodstock means individuals of any aquatic species maintained for the purpose of propagating1 reestablishing1 or enhancing a supply of stock to be reared for offshore aquaculture4 ,the term includes individuals collected from the wild at any life history stage and reared in captivity4 7#e7 ,cultured species ,the term cultured species means any aquatic species propagated from broodstock and transferred to a marine aquaculture facility or species that self-recruit in the offshore environment4 ,the term excludes any member of the class aves1 reptilia1 or mammalia4 7#f7 ,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 the ,commonwealth of ,puerto ,rico1 a line #c marine leagues from the coastline of the ,commonwealth of ,puerto ,rico2 7iii7 in the case of ,american ,samoa1 the ,united ,states ,virgin ,islands1 and ,guam1 a line #c geographic miles from the coastlines of ,american ,samoa1 the ,united ,states ,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#g7 ,healthy target stock ,the term healthy target stock means a component of a fishery targeted for harvest that is not overfished or experiencing overfishing and that is managed to achieve a target not to exceed a level consistent with maximum sustainable yield1 taking into account any relevant economic1 social1 or ecological factor4 7#h7 ,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#i7 ,offshore aquaculture ,the term offshore aquaculture means aquaculture conducted in the exclusive economic zone4 7#aj7 ,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#aa7 ,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 7#ab7 ,secretaries ,the term ,secretaries means the ,secretary of ,agriculture and the ,secretary of ,commerce4 7#ac7 ,sustainably managed fishery ,the term sustainably managed fishery means a fishery that is managed in such a manner to maintain healthy target stocks1 to protect marine ecosystem structure1 productivity1 function1 and diversity1 and to minimize impacts to nontarget stocks4 7b7 ,aquaculture defined ,section #c of the ,national ,aquaculture ,act of #aihj 7#af ,u4,s4,c4 #bhjc7 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,the term aquaculture means any activity involved in the propagation1 rearing1 or attempted propagation or rearing1 of cultured species4 4 ,i ,national ,standards #aja4 ,national standards for sustainable offshore aquaculture 7a7 ,in general ,any regulation promulgated to implement this ,act1 any permit issued under this ,act1 and any assessment or impact statement required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for activities proposed under this ,act shall be consistent with the following national standards for sustainable offshore aquaculture3 7#a7 ,sustainable offshore aquaculture shall strengthen coastal and marine ecosystems by reducing pressure on fisheries1 enhancing essential fish habitat1 preserving water quality1 or enhancing native stocks4 7#b7 ,sustainable offshore aquaculture shall be based on the best scientific information available4 7#c7 ,sustainable offshore aquaculture shall avoid adverse environmental impacts to coastal and marine ecosystems1 especially with regard to habitat1 and water quality1 caused by disease1 escapements1 and the effects of nonnative species4 7#d7 ,sustainable offshore aquaculture shall prioritize feeds sourced from sustainable ingredients and avoid using feeds harvested from illegal1 unreported1 and unregulated fishing4 7#e7 ,sustainable offshore aquaculture shall be conducted to minimize impacts1 to the extent practicable1 on other uses of the exclusive economic zone by ,federal and non-,federal entities4 7#f7 ,sustainable offshore aquaculture shall take into account the importance of fishery resources to fishing communities in order to1 to the extent practicable1 minimize adverse economic impacts on such communities4 7#g7 ,sustainable offshore aquaculture management measures shall1 to the maximum extent practicable1 minimize costs and avoid unnecessary duplication4 7#h7 ,sustainable offshore aquaculture management measures shall avoid unnecessary risks to human life and the safety of human life at sea4 7b7 ,guidelines ,the ,secretary shall establish advisory guidelines 7which shall not have the force and effect of law71 based on the national standards1 to assist in the preparation of any application for a permit under this ,act1 or assessment or impact statement required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for activities proposed under such ,act4 ,,ii ,core ,activities #bja4 ,offshore aquaculture permits 7a7 ,in general ,after the ,secretary promulgates final regulations under section #djd7;a71 the ,secretary may issue an offshore aquaculture permit if the ,secretary determines that-- 7#a7 the proposed offshore aquaculture facility1 type of aquaculture operation1 and cultured species are consistent with the purposes in section #b and the national standards for sustainable offshore aquaculture in section #aja2 7#b7 the applicant is able to comply with this ,act and any terms and conditions prescribed under section #djd7;a71 is financially responsible1 and will operate the offshore aquaculture facility using the best practicable technology and maintain it in good working order2 and 7#c7 issuance of the offshore aquaculture permit is not prohibited under section #djh4 7b7 ,authorized activities ,an offshore aquaculture permit holder shall be authorized to conduct offshore aquaculture consistent with-- 7#a7 this ,act1 including regulations promulgated to carry out this ,act2 7#b7 other applicable provisions of law1 including regulations2 and 7#c7 any terms or conditions imposed by the ,national ,oceanic and ,atmospheric ,administration4 7c7 ,permit procedure 7#a7 ,application ,an applicant for an offshore aquaculture permit shall submit an application to the ,secretary4 ,the application shall specify-- 7,a7 the proposed location of the offshore aquaculture facility and the location of any on-shore facilities2 7,b7 the type of aquaculture operations that will be conducted at all facilities described in subparagraph 7,a72 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 comply with the national standards for sustainable offshore aquaculture described in section #aja2 7,e7 plans to respond to-- 7i7 a natural disaster2 7ii7 an escapement2 and 7iii7 disease2 and 7,f7 such other design1 construction1 and operational information as the ,secretary may require to ensure the integrity of the applicant's operations and contingency planning4 7#b7 ,notice ,whenever the ,national ,oceanic and ,atmospheric ,administration receives an offshore aquaculture permit application1 the ,secretary shall-- 7,a7 provide notice and a copy of the application to the ,governor of every ,state or territory in the fisheries management region under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 where the proposed offshore aquaculture facility will be sited1 and if the proposed site is within #ajj miles of another such fisheries management region1 the ,secretary shall provide the same notice to the governor of every ,state and territory in that region2 and 7,b7 provide public notice and an opportunity for public comment for each offshore aquaculture permit application4 7#c7 ,comments and consultation ,the ,secretary shall take any comments submitted by ,governors and the public into consideration1 and shall consult with interested parties as warranted before making a final decision on the disposition of an offshore aquaculture permit application4 7#d7 ,deadlines for consideration of applications for permits ,not later than #cj 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#e7 ,issuance or deferral ,not later than #ij days after the period for public comments on a completed application has concluded1 the ,secretary shall-- 7,a7 issue the permit1 if the application complies with the national standards for sustainable offshore aquaculture in section #aja1 requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and other applicable law2 7,b7 defer the decision on the permit1 if the ,secretary determines that the application can be improved to meet the requirements of paragraph 7#a71 and provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued2 or 7,c7 deny the permit1 if the ,secretary determines that the application does not meet the requirements of paragraph 7#a71 or any other applicable law1 and that these issues cannot be remediated4 7#f7 ,extension of review ,the ,secretary may extend the review period for an additional #ij days if the ,secretary determines that further time is needed to analyze the application4 ,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 law1 provided that the ,secretary's determination states the specific actions the ,department must undertake1 together with deadlines for completing such actions4 7d7 ,permit requirements 7#a7 ,in general ,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-- 7i7 is organized and existing under the laws of a ,state or the ,united ,states2 and 7ii7 is not ,state-owned or majority-controlled by a ,state-owned enterprise4 7#b7 ,terms and conditions ,subject to subsection 7n71 the ,secretary shall-- 7,a7 prescribe the terms and conditions that apply to each offshore aquaculture permit to achieve the national standards for sustainable offshore aquaculture in section #aja2 and 7,b7 specify in each offshore aquaculture permit the duration1 size1 and location of the offshore aquaculture facility4 7e7 ,duration 7#a7 ,in general ,except as provided in paragraph 7#b71 an offshore aquaculture permit shall have an initial #ae-year duration1 and may be renewed subject to the terms of this ,act4 7#b7 ,exceptions 7,a7 ,enterprise zone ,a permit issued for offshore aquaculture to be conducted in an enterprise zone as provided in section #bjb shall have an initial #be-year duration4 7,b7 ,outer continental shelf ,the ,secretary shall develop the duration of an offshore aquaculture permit subject to subsection 7n77#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 ,the ,secretary may renew an offshore aquaculture permit that has not been revoked for an additional #ae- or #be-year period1 as provided in subsection 7e71 before the end of the original permit's duration1 if-- 7#a7 the permit or amended permit complies with existing requirements2 7#b7 the permit holder has not been subject to sanctions under section #djh or committed a prohibited act under such section2 and 7#c7 the permit has not been modified because of emergency considerations4 7g7 ,revocation ,the ,secretary may1 pursuant to regulations issued under this ,act1 revoke an offshore aquaculture permit1 if-- 7#a7 the permit holder commits a prohibited act under section #djh2 7#b7 the permit holder fails to begin offshore aquaculture operations within #b years from the date the required ,federal permits are obtained2 or 7#c7 there is an interruption of offshore aquaculture operations of at least #b years in duration that is unrelated to best management practices or ,federal disaster declaration4 ,such disaster declarations shall be carried out in a manner consistent with title ,,iv of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj et seq474 7h7 ,expiration or revocation ,not later than #a year after the expiration or revocation of an offshore aquaculture permit1 a permit holder shall-- 7#a7 remove all structures1 gear1 and other property from the offshore aquaculture facility 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 7,a7 ,in general ,the ,secretary may establish1 by regulation1 application fees and annual offshore aquaculture permit fees under this section4 7,b7 ,deposit and collection ,the fees described in subparagraph 7,a7 shall be deposited as offsetting collections in the operations1 research1 and facilities account of the ,national ,oceanic and ,atmospheric ,administration4 ,fees may be collected and made available to the extent provided in advance in appropriation ,acts4 7,c7 ,setting of fees ,the fees described in subparagraph 7,a7 shall-- 7i7 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 section2 and 7ii7 provide adequate resources to cover the costs of the inspections required under section #cjb7;f74 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 revocation of an offshore aquaculture permit2 7,c7 the cost of site remediation for impacts arising from activities2 or 7,d7 any other financial risks identified by the ,secretary4 7k7 ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,beginning on the effective date of the final regulations promulgated under section #djd1 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 7#af ,u4,s4,c4 #ahja et seq474 7l7 ,compatibility with other uses ,each ,federal agency implementing this section1 person subject to this section1 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 #aigb 7#af ,u4,s4,c4 #adea et seq471 including regulations promulgated to carry out such ,act4 7m7 ,statutory construction ,an offshore aquaculture permit issued under this section shall not supersede or substitute for any other authorization required under ,federal or ,state laws4 7n7 ,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 each agreement between a prospective offshore aquaculture operator and a lessee4 ,the ,secretary of the ,interior shall approve such agreement if it 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 paragraph 7#d72 and 7,b7 not be subject to a separate ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 review4 7#d7 ,coordinated ,coastal ,zone ,management ,act review 7,a7 ,state review 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 ,definitions ,in this paragraph3 7i7 ,lessee's approved plan ,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 7ii7 ,offshore aquaculture permit applicant ,the term offshore aquaculture permit applicant means an applicant for an offshore aquaculture permit under this section that-- 7,i7 will locate the proposed facility in an area that would require consent from the lessee as described in paragraph 7#b72 and 7,,ii7 is required to submit a consistency certification for its aquaculture application under section #cjg7;c77#c77;,a7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adef7;c77#c77;,a77 to the coastal ,state4 7iii7 ,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 7#b74 7#e7 ,joint and several liability ,for offshore aquaculture located on a facility described under this subsection1 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 7j77#c7 for aquaculture operations is insufficient to cover those obligations4 ,this paragraph shall not affect any obligation to decommission the facility under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq474 7#f7 ,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 7iv7 require and enforce any additional terms or conditions that the ,secretary of the ,interior considers necessary-- 7,i7 to protect the marine environment1 property1 or human life or health2 and 7,,ii7 to ensure the compatibility of aquaculture operations with activities for which permits were issued under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq472 and 7v7 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 7o7 ,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 7p7 ,existing permits and applications 7#a7 ,in general ,beginning on the date of enactment1 any new permit issued shall be in accordance with the permit authority created by this ,act4 7#b7 ,preexisting permits ,permits in effect prior to the date of enactment shall remain in effect under the permit authority created by this ,act4 7#c7 ,prioritization of active applications ,a permit application submitted prior to the date of enactment shall be eligible for priority processing under the application authority created by this ,act4 #bjb4 ,enterprise zones 7a7 ,in general 7#a7 ,development ,the ,secretary shall develop1 consistent with this section1 enterprise zones for sustainable offshore aquaculture4 7#b7 ,consultation with ,states and territories ,the ,secretary shall provide notice to the ,governor of every ,state or territory in the fisheries management region under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 regarding proposed enterprise zone locations4 ,when the proposed site is within #ajj miles of another such fisheries management region1 the ,secretary shall provide the same notice to the ,governor of every ,state and territory in that region4 ,governors may submit comments to the ,secretary1 and the ,secretary shall consult with interested ,governors in the development of enterprise zones under this section4 7#c7 ,regional siting workshops ,the ,secretary shall1 in each geographical region covered by a ,regional ,fishery ,management ,council under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 conduct informal workshops as necessary or advisable to solicit public feedback on potential sites for enterprise zones for sustainable offshore aquaculture4 7#d7 ,preliminary determination ,based on public feedback under paragraph 7#c71 the ,secretary shall make a preliminary determination of areas of the exclusive economic zone that may be highly favorable for offshore aquaculture and likely compatible with other uses of such areas4 7#e7 ,pilot projects ,in order to test the viability of sustainable offshore aquaculture in an enterprise zone1 the ,secretary may support demonstration projects in each enterprise zone as warranted and consistent with the national standards for sustainable offshore aquaculture in section #aja4 ,such demonstration projects shall comply with this ,act and all applicable ,federal law4 7#f7 ,programmatic environmental impact statements ,if the ,secretary determines that further sustainable offshore aquaculture is viable in a particular region1 the ,secretary shall consider and implement the most efficient process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including programmatic environmental impact statements1 to facilitate further sustainable offshore aquaculture1 in accordance with the following3 7,a7 ,such programmatic environmental impact statements 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 7,b7 ,nothing in this section shall be construed to change1 alter1 or supersede the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7b7 ,spatial data ,to support the implementation of subsection 7a71 the ,national ,oceanic and ,atmospheric ,administration shall collect and curate spatial data relevant to aquaculture1 and make such data publicly available4 7c7 ,effects of designation ,the enterprise zones established under this section shall-- 7#a7 offer a streamlined path forward for permitting aquaculture facilities2 7#b7 provide the ability to conduct research on the individual and cumulative impacts of such operating facilities2 and 7#c7 determine best practices for inclusion in the reports established in section #dje4 ,,iii ,refinements #cja4 ,protection of offshore aquaculture facilities 7a7 ,in general ,the ,secretary may promulgate regulations that the ,secretary determines are reasonable and necessary to protect an offshore aquaculture facility4 ,when appropriate1 the ,secretary shall request the ,secretary of the department in which the ,coast ,guard is operating to establish a navigational safety zone around an offshore aquaculture facility4 7b7 ,navigational safety zone ,the ,secretary of the department in which the ,coast ,guard is operating-- 7#a7 shall consult with the ,secretary of the ,interior before designating a navigational safety zone around an offshore aquaculture facility2 7#b7 after consultation with the ,secretary1 the ,secretary of ,state1 and the ,secretary of ,defense1 may designate a zone of appropriate size around 7and including7 an offshore aquaculture facility for the purpose of navigational safety2 and 7#c7 may define1 by regulation1 permissible activities within a navigational safety zone4 7c7 ,limitations ,no installation1 structure1 or use will be allowed in a navigational safety zone that is incompatible with the operation of the offshore aquaculture facility4 #cjb4 ,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 an offshore aquaculture permit holder is required to establish and maintain2 7#b7 the reports that an offshore aquaculture permit holder is required to make2 7#c7 the information that an offshore aquaculture 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 an offshore aquaculture permit holder is required to satisfy1 as necessary to carry out this ,act4 7b7 ,regulatory consistency ,the regulations under subsection 7a7 may not amend1 contradict1 or duplicate regulations under any other ,federal law4 7c7 ,recordkeeping ,an offshore aquaculture permit holder shall-- 7#a7 comply with the recordkeeping regulations under subsection 7a72 and 7#b7 submit such reports1 and make such records and information available as the ,secretary may request4 7d7 ,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 and sensitive personal information4 ,the ,secretary shall establish procedures to protect confidential business information and sensitive personal information from being disclosed4 7e7 ,government access ,any ,federal ,government official with an official responsibility for implementing and enforcing ,federal law 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 for the purpose of enforcing the ,federal law under the official's jurisdiction or otherwise carrying out the official's responsibilities4 ,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 7f7 ,inspection 7#a7 ,frequency ,the ,secretary shall conduct-- 7,a7 an annual inspection of offshore aquaculture facilities for which a permit is issued under this ,act 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 this section for offshore aquaculture facilities located on the outer continental shelf4 #cjc4 ,marine feed standards ,the ,secretary shall require that any fisheries-derived marine feed ingredients 7both first use and trimmings7 used at offshore aquaculture facilities in the exclusive economic zone-- 7#a7 are sourced from a sustainably managed fishery2 7#b7 employ traceability sufficient to credibly demonstrate the ingredients were sourced from a sustainably managed fishery2 and 7#c7 are sourced from fisheries located in countries without a ,tier #c or ,tier #b ,watch ,list rating as determined by the latest ,state ,department ,trafficking in ,persons ,report1 and not from vessels determined by ,customs and ,border ,protection to be engaged in forced labor4 ,,iv ,administrative ,provisions #dja4 ,office of ,offshore ,aquaculture 7a7 ,office of ,offshore ,aquaculture1 headquarters ,the ,secretary shall establish and provide resources for an ,office of ,offshore ,aquaculture within the ,national ,marine ,fisheries ,service at the ,national ,oceanic and ,atmospheric ,administration headquarters4 7b7 ,office of ,offshore ,aquaculture1 regional presence ,the ,secretary shall establish and provide resources for the ,office of ,offshore ,aquaculture to have a presence in each of the regional fisheries offices of the ,national ,oceanic and ,atmospheric ,administration4 ,such presence shall1 at a minimum1 be sufficient to fulfill the duties under subsection 7c71 but may be increased to the extent warranted by the activity and interest of aquaculture stakeholders in the region4 7c7 ,duties ,the ,office of ,offshore ,aquaculture shall-- 7#a7 implement this ,act2 7#b7 coordinate regulatory1 scientific1 outreach1 and international issues related to aquaculture within the ,national ,oceanic and ,atmospheric ,administration2 7#c7 coordinate offshore aquaculture outreach1 education1 extension services1 and training efforts with the lead ,federal agency1 the ,department of ,agriculture1 with respect to national aquaculture information2 and 7#d7 maintain aquaculture divisions in each of the regional fisheries offices of the ,national ,oceanic and ,atmospheric ,administration1 including at least one ,administration ,regional ,aquaculture ,coordinator in each such office4 7d7 ,offshore ,aquaculture subcommittee ,the ,marine ,fisheries ,advisory ,committee shall designate the ,offshore ,aquaculture ,subcommittee as a permanent1 standing subcommittee to serve as an external board to advise the ,secretary on aquaculture4 ,the ,offshore ,aquaculture ,subcommittee shall coordinate with the ,national ,sea ,grant ,advisory ,board1 as appropriate4 7e7 ,coordination ,the ,office of ,offshore ,aquaculture shall coordinate its activities with the ,offshore ,aquaculture ,subcommittee4 7f7 ,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 ,service4 #djb4 ,domestic aquaculture production 7a7 ,in general ,the ,secretary of ,agriculture shall support the development of sustainable aquaculture1 consistent with this ,act and other applicable ,federal law4 7b7 ,marketing and promotion grants ,the ,secretary of ,agriculture shall1 in consultation with industry and the ,department of ,commerce1 establish and administer a grant program to support the sale of cultured species domestically and internationally4 7c7 ,workforce development ,the ,secretary of ,agriculture shall1 in consultation with industry and academic institutions1 develop and manage a grant program to support the education and training of individuals with the skills needed to manage and operate aquaculture facilities4 7d7 ,regional ,offshore ,aquaculture ,expertise networks ,the ,secretary shall organize through each regional fisheries office of the ,national ,oceanic and ,atmospheric ,administration a network of regional experts and ,federal agency contacts1 in coordination with relevant organizations 7including the ,national ,sea ,grant ,college ,program under the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aaba et seq471 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 offshore aquaculture and information on ,federal permit requirements4 7e7 ,aquaculture database 7#a7 ,establishment and maintenance ,the ,secretary of ,agriculture shall establish and maintain an aquaculture database4 ,the aquaculture database shall include information on research1 technologies1 monitoring techniques1 best practices1 and advisory board recommendations4 7#b7 ,privacy and confidentiality ,the ,secretary shall make the aquaculture database available in a manner that safeguards confidential business information and guarantees respondents to information requests that individual information will be kept confidential4 ,the inclusion of information in the database under this subsection shall not be considered to be publication for purposes of subsection 7a7 or 7b7 of section #ajb of title #ce1 ,united ,states ,code4 7#c7 ,existing data sources ,in carrying out this subsection1 the ,secretary of ,agriculture shall utilize preexisting data sources1 including information obtained by the ,national ,agricultural ,statistics ,service1 and information services described under section 7#e77;c7 of the ,national ,aquaculture ,act of #aihj 7#af ,u4,s4,c4 #bhjd7;c774 #djc4 ,outreach and education for offshore aquaculture ,the ,secretary1 in coordination with the ,secretary of the ,department of ,agriculture1 shall conduct outreach on sustainable offshore aquaculture to promote understanding1 science-based decision making1 and commercial adoption4 ,the ,secretary1 and ,secretary of ,agriculture1 shall use appropriate means to engage-- 7#a7 the general public2 7#b7 community leaders2 7#c7 governmental officials2 7#d7 the business community2 7#e7 the academic community2 and 7#f7 the nonprofit sector4 #djd4 ,administration 7a7 ,regulations ,the ,secretary-- 7#a7 shall initiate a rulemaking process1 not later than #a year after the date of enactment of this ,act1 after consulting with relevant ,federal agencies1 coastal ,states1 ,indian ,tribal governments within the meaning of such term in ,executive ,order #acage 7#fe ,fed4 ,reg4 #fgbdi71 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,regional ,fishery ,management ,councils as established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb71 to implement this ,act1 including-- 7,a7 procedures to issue1 modify1 deny1 revoke1 or suspend an offshore aquaculture permit in accordance with this ,act2 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 compliance to verify and confirm compliance with the requirements of this ,act2 7,d7 procedures to transfer an offshore aquaculture permit from an original permit holder to a person that meets the requirements under section #bja2 7,e7 procedures to minimize1 as much as practicable1 conflicts with existing uses in the exclusive economic zone2 7,f7 procedures to consider public-private partnerships2 and 7,g7 standards for determining what types of feed may be employed in an offshore aquaculture facility in accordance with the requirements of section #cjc2 7#b7 shall promulgate such additional regulations as are necessary and appropriate to carry out this ,act2 and 7#c7 may amend a regulation1 at any time1 and the amended regulation shall apply1 as of its effective date1 to each offshore aquaculture permit issued under this ,act1 regardless of the date the permit was issued4 7b7 ,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 7c7 ,use of contributed governmental resources ,for enforcement under this ,act1 the ,secretary may use1 with consent and with or without reimbursement1 the land1 services1 equipment1 personnel1 and facilities of-- 7#a7 any department1 agency1 or instrumentality of the ,united ,states2 7#b7 any ,state1 local government1 ,indian ,tribal government1 ,territory1 or possession 7or any political subdivision thereof72 7#c7 any foreign government2 or 7#d7 international organization4 7d7 ,authority ,to use grant funds 7#a7 ,in general ,except as provided under paragraph 7#b71 the ,secretary may apply for1 accept1 and obligate research grant funding from any ,federal source operating a competitive grant program if the funding furthers the purposes of this ,act4 7#b7 ,exception ,the ,secretary may not apply for1 accept1 or obligate any research grant funding under paragraph 7#a7 if the granting agency lacks authority to grant funds to ,federal agencies or for any purpose1 or subject to any condition1 that is prohibited by law or regulation4 7#c7 ,matching grant funds ,appropriated funds may be used to satisfy a requirement to match grant funds with recipient agency funds1 except that no grant may be accepted that requires a commitment in advance of appropriations4 7#d7 ,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 awarded4 7e7 ,reservation of authority ,nothing in this ,act shall be construed to displace1 supersede1 or limit the jurisdiction1 responsibilities1 or rights of any ,federal or ,state agency1 or ,indian ,tribe or ,alaska ,native organization1 under any ,federal law or treaty4 #dje4 ,report 7a7 ,report ,not later than #e years after the date of enactment of this ,act1 the ,secretary shall issue a report to the ,chairman and ,ranking ,member of the ,committee on ,commerce1 ,science1 and ,transportation and ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,natural ,resources and ,committee of ,agriculture of the ,house of ,representatives regarding implementation of this ,act4 ,the report shall include-- 7#a7 the number of offshore aquaculture permits applied for1 granted1 denied1 and retired1 together with a brief description of the circumstances of each2 7#b7 any and all enforcement actions undertaken1 and the disposition of each2 7#c7 the number of enterprise zones established under section #bjb1 together with a brief description of the circumstances of each2 7#d7 results from any grants awarded under this ,act2 7#e7 the ,secretary's assessment of the state of aquaculture and offshore aquaculture in the ,united ,states2 7#f7 the ,secretary's assessment of ,united ,states aquaculture and offshore aquaculture in comparison to aquaculture in other nations2 and 7#g7 the ,secretary's recommendations to improve ,united ,states aquaculture and offshore aquaculture4 7b7 ,determination regarding permits ,in addition to the requirements of subsection 7a71 the ,secretary may make the following determinations regarding permit terms for offshore aquaculture3 7#a7 ,the effect of shortening or lengthening permit terms on the risk of harm to the environment4 7#b7 ,the effect of shortening or lengthening permit terms on industry's access to capital markets4 7#c7 ,whether a change to the permit terms established in this ,act is warranted4 #djf4 ,extension of permit terms ,upon a determination by the ,secretary that a change to permit terms established under this ,act is warranted1 the ,secretary is authorized to extend the terms of offshore aquaculture permits as follows3 7#a7 ,an offshore aquaculture permit term under section #bja7;e77#a7 may be extended to a maximum of an additional #ae years subsequent to a renewal issued under section #bja7;f74 7#b7 ,an offshore aquaculture permit term under section #bja7;e77#b77;,a7 may be extended to a maximum of an additional #be years subsequent to a renewal issued under section #bja7;f74 #djg4 ,interagency coordination of offshore aquaculture 7a7 ,in general ,the ,secretary of ,commerce shall coordinate with the ,department of the ,interior1 the ,department of ,agriculture1 the ,environmental ,protection ,agency1 the ,army ,corps of ,engineers1 and the department in which the ,u4,s4 ,coast ,guard is operating to simplify the ,federal regulatory regime for sustainable offshore aquaculture and safeguarding the marine environment1 wild fish stocks1 and coastal communities4 ,the ,secretaries of the ,interior1 ,agriculture1 and the department in which the ,u4,s4 ,coast ,guard is operating1 the ,administrator of the ,environmental ,protection ,agency1 and the ,chief of ,engineers shall cooperate with the ,secretary of ,commerce to implement this section4 7b7 ,unified permitting and review process 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretaries of ,commerce1 ,interior1 ,agriculture1 and the department in which the ,u4,s4 ,coast ,guard is operating1 the ,administrator of the ,environmental ,protection ,agency1 and the ,chief of ,engineers shall1 through the ,secretary of ,commerce1 initiate a rulemaking for a unified permit application1 public notice1 public comment1 and ,federal agency comment period for all permits administered by such agency heads relating to offshore aquaculture4 7#b7 ,outreach ,the ,secretary of ,commerce1 through the ,national ,oceanic and ,atmospheric ,administration1 shall serve as the lead ,federal agency for purposes of providing information on ,federal permitting requirements for aquaculture in ,federal waters4 7#c7 ,informal review and compatibility analysis ,the ,secretary of ,commerce1 acting through the ,national ,oceanic and ,atmospheric ,administration1 shall convene representatives of the ,department of the ,interior1 the ,department of ,agriculture1 the ,environmental ,protection ,agency1 the ,army ,corps of ,engineers1 and the ,department in which the ,u4,s4 ,coast ,guard is operating to provide prospective permit applicants an opportunity for informal consultation with ,federal agencies4 ,the ,secretary of ,commerce may invite representatives from other ,federal agencies as necessary or advisable4 ,nothing in this subsection shall preclude an applicant or a prospective applicant from contacting ,federal agencies directly4 7#d7 ,environmental analysis ,to the extent allowable under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 any environmental analysis or environmental impact statement required under such ,act for offshore aquaculture activities shall be conducted through a single1 consolidated environmental review and the ,national ,oceanic and ,atmospheric ,administration1 through the ,office of ,aquaculture and associated divisions1 shall serve as the lead ,federal agency4 7#e7 ,coordination of permit reviews ,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 their review processes in order to provide a timely responses to applicants4 #djh4 ,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 section #djh7 to access an offshore aquaculture facility1 associated onshore facility1 vessel1 or other conveyance1 subject to such person's control1 for purposes of conducting any search or inspection in connection with the enforcement of this ,act2 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 section2 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 ,act2 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 section2 7#g7 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 ,act2 or 7#h7 without authorization1 to remove1 damage1 or tamper with or attempt 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 #dji4 ,enforcement 7a7 ,responsibility ,the provisions of this ,act shall be enforced by the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating4 ,in enforcing this ,act1 such ,secretaries may by agreement utilize1 on a reimbursable or nonreimbursable basis1 the personnel1 services1 equipment 7including aircraft and vessels71 and facilities of any other ,federal agency1 including all elements of the ,department of ,defense1 or of any ,state agency4 ,such ,secretaries shall1 and the head of any ,federal or ,state agency that has entered into an agreement with either such ,secretary under this section may 7if the agreement so provides71 authorize officers to enforce the provisions of this ,act or any regulation promulgated under this ,act4 7b7 ,powers of authorized officers ,any officer who is authorized under subsection 7a7 to enforce the provisions of this ,act may1 with or without a warrant or other process1 as authorized by law-- 7#a7 arrest any person1 if the officer has reasonable cause to believe that such person has committed an act prohibited by section #djh2 7#b7 board1 search or inspect1 any offshore aquaculture facility1 associated onshore facility1 vessel1 or other conveyance 7including its gear1 furniture1 appurtenances1 stores1 records1 and cargo7 which is subject to the provisions of this ,act2 7#c7 seize any vessel1 or other conveyance 7together with its gear1 furniture1 appurtenances1 stores1 records1 and cargo7 used or employed in1 or with respect to which it reasonably appears that such vessel was used or employed in1 the violation of any provision of this ,act2 7#d7 seize any fish 7wherever found7 taken1 produced1 imported1 exported1 transported1 sold1 received1 acquired1 or purchased in any manner1 in connection with or as a result of the violation of any provision of this ,act2 7#e7 seize any evidence related to any violation of any provision of this ,act2 7#f7 detain any fish or fish product to determine compliance with this ,act2 7#g7 search and seize1 in accordance with any guidelines which may be issued by the ,attorney ,general2 7#h7 access1 directly or indirectly1 for enforcement purposes any data or information required to be provided under this ,act or regulations promulgated under this ,act1 including data from vessel or facility monitoring systems1 automatic identification systems1 long-range identification and tracking systems1 or any similar system2 7#i7 execute and serve any subpoena1 arrest warrant1 search warrant issued in accordance with ,rule #da of the ,federal ,rules of ,criminal ,procedure1 or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction2 and 7#aj7 exercise any other lawful authority4 7c7 ,issuance of citations ,if any authorized officer finds that a person1 offshore aquaculture facility1 associated onshore facility1 vessel1 or other conveyance is engaging or has been engaged in the violation of any provision of this ,act1 such officer may issue a citation to the owner or operator of such vessel in lieu of proceeding under subsections 7f71 7g71 or 7h74 ,if a permit has been issued pursuant to this ,act for such facility or conveyance1 such officer shall note the issuance of any citation under this subsection1 including the date thereof and the reason therefor1 on the permit4 ,the ,secretary shall maintain a record of all citations issued pursuant to this subsection4 7d7 ,subpoenas ,for the purposes of conducting any investigation or hearing under this ,act1 or any other marine resource law enforced by the ,secretary1 the ,secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers1 photographs1 records1 books1 and documents in any form1 including those in electronic1 optical or magnetic form1 and may administer oaths4 ,witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the ,united ,states4 ,in case of contempt or refusal to obey a subpoena served upon any person pursuant to this subsection1 the district court of the ,united ,states for any district in which such person is found1 resides1 or transacts business1 upon application by the ,united ,states and after notice to such person1 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 ,secretary1 or both1 and any failure to obey such order of the court may be punished by such court as a contempt thereof4 7e7 ,district court jurisdiction ,the several district courts of the ,united ,states shall have jurisdiction over any actions arising under this ,act4 ,for purposes of this section1 for ,hawaii or any possession of the ,united ,states in the ,pacific ,ocean1 the appropriate court is the ,united ,states ,district ,court for the ,district of ,hawaii1 except that in the case of ,guam and ,wake ,island1 the appropriate court is the ,united ,states ,district ,court for the ,district of ,guam1 and in the case of the ,northern ,mariana ,islands1 the appropriate court is the ,united ,states ,district ,court for the ,district of the ,northern ,mariana ,islands4 ,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 occurred1 but also in any other district as authorized by law4 ,any offenses not committed in any district are subject to the venue provisions of section #cbch of title #ah1 ,united ,states ,code4 7f7 ,civil enforcement 7#a7 ,civil administrative penalties 7,a7 ,in general ,any person who is found by the ,secretary1 after notice and opportunity for a hearing in accordance with section #eed of title #e1 ,united ,states ,code1 to have committed an act prohibited by section #djh shall be liable to the ,united ,states for a civil penalty4 ,the amount of the civil penalty shall not exceed the amount specified in section #cjh7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheh7;a77 for each violation4 ,each day of a continuing violation shall constitute a separate offense4 ,the amount of such civil penalty shall be assessed by the ,secretary1 by written notice4 ,in determining the amount of such penalty1 the ,secretary shall take into account the nature1 circumstances1 extent1 and gravity of the prohibited acts committed and1 with respect to the violator1 the degree of culpability1 any history of prior offenses1 and such other matters as justice may require4 ,in assessing such penalty the ,secretary may also consider any information provided by the violator relating to the ability of the violator to pay1 provided that the information is served on the ,secretary at least #cj days prior to an administrative hearing4 7,b7 ,compromise or other action by ,secretary ,the ,secretary may compromise1 modify1 or remit1 with or without conditions1 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 action4 7#b7 ,in rem jurisdiction ,an offshore aquaculture facility1 associated onshore facility1 vessel1 or other conveyance 7including its gear1 furniture1 appurtenances1 stores1 records1 and cargo7 used in the commission of an act prohibited by section #djh 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 thereof4 7#c7 ,collection of administrative penalties ,if any person fails to pay an assessment of a civil penalty under paragraph 7#a7 after it has become a final and unappealable order1 the ,secretary shall refer the matter to the ,attorney ,general1 who shall recover the amount assessed 7plus interest at current prevailing rates from the date of the final order7 in any appropriate district court of the ,united ,states4 ,in such action1 the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review4 ,any person who fails to pay1 on a timely basis1 the amount of an assessment of a civil penalty shall be required to pay1 in addition to such amount and interest1 attorney's fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists4 ,such nonpayment penalty shall be in an amount equal to #bj percent of the aggregate amount of such person's penalties and nonpayment penalties that are unpaid as of the beginning of such quarter4 7#d7 ,permit sanctions 7,a7 ,in general ,with respect to any case in which an offshore aquaculture facility1 associated onshore facility1 vessel1 or other conveyance was used in the commission of an act prohibited under section #djh1 the owner or operator of an offshore aquaculture facility1 associated onshore facility1 vessel1 or other conveyance 7or any other person who has been issued or has applied for a permit under this ,act71 has acted in violation of section #djh1 or any civil penalty1 criminal fine1 or amount in settlement of a civil forfeiture imposed under this ,act on a person1 offshore aquaculture facility1 associated onshore facility1 vessel1 or other conveyance that has been issued or has applied for a permit under this ,act has not been paid and is overdue1 the ,secretary may-- 7i7 revoke any permit issued with respect to such person1 offshore aquaculture facility1 associated onshore facility1 vessel1 other conveyance1 with or without prejudice to the issuance of subsequent permits2 7ii7 suspend such permit for a period of time considered by the ,secretary to be appropriate2 7iii7 deny such permit2 or 7iv7 impose additional conditions and restrictions on such permit4 7,b7 ,considerations ,in imposing a sanction under this paragraph1 the ,secretary shall take into account the nature1 circumstances1 extent1 and gravity of the prohibited acts for which the sanction is imposed and1 with respect to the violator1 the degree of culpability1 any history of prior offenses1 and such other matters as justice may require4 7,c7 ,effect of transfer of ownership ,transfer of ownership of an offshore aquaculture facility1 associated onshore facility1 vessel1 or other conveyance1 by sale or otherwise1 shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership4 ,before executing the transfer of ownership of a facility or conveyance1 by sale or otherwise1 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 transfer4 7,d7 ,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 fine1 the ,secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate4 7,e7 ,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 imposed1 either in conjunction with a civil penalty proceeding under this section or otherwise4 7#e7 ,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 7other than a permit suspension for nonpayment of penalty or fine7 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 #cj days from the date of such order that constitutes a final agency action4 ,the ,secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed1 as provided in section #baab of title #bh1 ,united ,states ,code4 ,the findings and order of the ,secretary shall be set aside by such court if they are not found to be supported by substantial evidence1 as provided in section #gjf7b7 of title #e1 ,united ,states ,code4 7#f7 ,injunctive relief ,upon the request of the ,secretary1 the ,attorney ,general of the ,united ,states may commence a civil action for appropriate relief1 including a permanent or temporary injunction1 for any violation of this ,act 7including regulations74 7g7 ,forfeiture 7#a7 ,criminal forfeiture 7,a7 ,in general ,a person who is convicted of an offense in violation of this ,act shall forfeit to the ,united ,states-- 7i7 any property1 real or personal1 constituting or traceable to the gross proceeds taken1 obtained1 or retained1 in connection with or as a result of the offense1 including1 without limitation1 any fish 7or the fair market value thereof72 and 7ii7 any property1 real or personal1 used or intended to be used1 in any manner1 to commit or facilitate the commission of the offense1 including1 without limitation1 any vessel 7including the vessel's equipment1 stores1 catch and cargo71 vehicle1 aircraft1 or other means of transportation4 7,b7 ,applicability of ,controlled ,substances ,act ,pursuant to section #bdfa7;c7 of title #bh1 ,united ,states ,code1 the provisions of section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec7 other than subsection 7d7 thereof shall apply to criminal forfeitures under this section4 7#b7 ,civil forfeiture 7,a7 ,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 #df of title #ah1 ,united ,states ,code1 and no property right shall exist in it3 7i7 ,any property1 real or personal1 constituting or traceable to the gross proceeds taken1 obtained1 or retained1 in connection with or as a result of a violation of this ,act1 including1 without limitation1 any fish 7or the fair market value thereof74 7ii7 ,any property1 real or personal1 used or intended to be used1 in any manner1 to commit or facilitate the commission of a violation of this ,act1 including1 without limitation1 any vessel 7including the vessel's equipment1 stores1 catch and cargo71 vehicle1 aircraft1 or other means of transportation4 7,b7 ,application of the customs laws ,all provisions of law relating to seizure1 summary judgment1 and forfeiture and condemnation for violation of the customs laws1 the disposition of the property forfeited or condemned or the proceeds from the sale thereof1 the remission or mitigation of such forfeitures1 and the compromise of claims shall apply to seizures and forfeitures incurred1 or alleged to have been incurred1 under the provisions of this ,act1 insofar as applicable and not inconsistent with the provisions hereof4 ,for seizures and forfeitures of property under this section by the ,secretary1 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 or1 upon request of the ,secretary1 by any other agency that has authority to manage and dispose of seized property4 7,c7 ,presumption ,for the purposes of this section there is a rebuttable presumption that all fish1 or components thereof1 found in an offshore aquaculture facility or on board a vessel a vessel or other conveyance that is used or seized in connection with a violation of this ,act were produced1 taken1 obtained1 transported1 or retained in violation of this ,act4 7h7 ,criminal enforcement 7#a7 ,imprisonment ,any person 7other than a foreign government agency1 or entity wholly owned and controlled by a foreign government7 who knowingly commits any act prohibited under section #djh shall be imprisoned for not more than #e years or fined not more than #ejj1jjj for individuals or #a1jjj1jjj for an organization1 or both1 except that1 if in the commission of any such offense the individual uses a dangerous weapon1 engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this ,act1 or places any such officer in fear of imminent bodily injury1 the maximum term of imprisonment is not more than #aj years4 7#b7 ,fine and imprisonment ,any person 7other than a foreign government agency1 or entity wholly owned and controlled by a foreign government7 who violates a provision under section #djh and who1 in the exercise of due care should know that such person's conduct violates such provision1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than one year1 or both4 7i7 ,joint enforcement agreements 7#a7 ,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 ,secretary4 ,upon receiving an application meeting the requirements of this subsection1 the ,secretary may enter into a joint enforcement agreement with the requesting ,state4 7#b7 ,eligible state ,a ,state is eligible to participate in the cooperative enforcement agreements under this section if it is in1 or bordering on1 the ,atlantic ,ocean 7including the ,caribbean ,sea71 the ,pacific ,ocean1 the ,arctic ,ocean1 the ,gulf of ,mexico1 ,long ,island ,sound1 or #a or more of the ,great ,lakes4 7#c7 ,requirements ,joint enforcement agreements executed under paragraph 7#a7-- 7,a7 shall be consistent with the purposes and intent of this section to the extent applicable to the regulated activities2 7,b7 may include specifications for joint management responsibilities as provided by the first section of ,public ,law #ia-dab 7#ae ,u4,s4,c4 #aebe72 and 7,c7 shall provide for confidentiality of data and information submitted to the ,state under this ,act4 7#d7 ,allocation of funds ,the ,secretary shall include in each joint enforcement agreement an allocation of funds to assist in management of the agreement4 ,the allocation shall be fairly distributed among all eligible ,states participating in cooperative enforcement agreements under this subsection1 based upon consideration of ,federal marine enforcement needs1 the specific marine conservation enforcement needs of each participating eligible ,state1 and the capacity of the ,state to undertake the marine enforcement mission and assist with enforcement needs4 ,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 agreement4 #daj4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for the purpose of carrying out this title-- 7#a7 #fj1jjj1jjj for fiscal year #bjbj2 7#b7 #fe1jjj1jjj for fiscal year #bjba2 7#c7 #gj1jjj1jjj for fiscal year #bjbb2 7#d7 #ge1jjj1jjj for fiscal year #bjbc2 and 7#e7 #hj1jjj1jjj for fiscal year #bjbd4 ,v ,research and ,development #eja4 ,research and development grant programs ,subtitle ,l of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,act of #aigg 7#g ,u4,s4,c4 #ccba et seq47 is amended by inserting after section #adge 7#g ,u4,s4,c4 #ccbb7 the following3 #adgf4 ,research and extension program 7a7 ,aquaculture research and extension ,the ,secretary shall establish1 in consultation with the ,secretary of ,commerce and other applicable ,federal agencies1 coastal ,states1 ,tribal governments1 ,regional ,fishery ,management ,councils1 academic institutions1 and interested stakeholders1 a research and development grant program for purposes of-- 7#a7 creating innovative design and engineering solutions to common obstacles within the aquaculture industry2 7#b7 enabling the transition of innovative aquaculture technologies1 including technologies focused on the commercialization of high-value marine species1 from laboratory studies to commercial use2 7#c7 evaluating the role of genetics in relation to brood stock production1 disease management1 and interactions between cultured species and wild stocks2 7#d7 advancing research into the management1 mitigation1 and prevention of cultured species diseases2 7#e7 developing cost-effective feeds to optimize the use of wild fish1 fish oil1 plants1 and sources of protein and lipids in aquaculture feeds and maintain the human health benefits of cultured seafood2 7#f7 improving techniques for monitoring1 assessing1 and addressing environmental impacts of aquaculture and develop and evaluate methodologies to prevent1 minimize1 and mitigate potential adverse environmental impacts2 7#g7 evaluating the potential for aquaculture to serve as a tool for environmental management1 including connections to water quality1 watershed management1 and fishery conservation and management2 7#h7 evaluating the potential impact of offshore aquaculture on the economies of coastal communities1 particularly those dependent on traditional fishery resources2 7#i7 identifying barriers to entry in the offshore aquaculture industry and propose solutions to overcome them2 7#aj7 studying the traditional aquaculture methods and practices of ,native ,americans1 ,alaska ,natives1 and ,native ,hawaiians to evaluate economic1 environmental1 and sociological impacts2 and 7#aa7 investigating other priority issues identified by the ,secretary4 7b7 ,priority ,in making grants under this section1 the ,secretary shall give priority to-- 7#a7 #ahij ,institutions 7as defined in section #b of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfja772 7#b7 #aiid ,institutions 7as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb772 and 7#c7 ,hispanic-serving institutions 7as defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc774 7c7 ,coordination with other ,federal programs ,the ,secretary shall-- 7#a7 coordinate aquaculture research and development grants with other ,federal programs that provide grant funding for purposes similar to those under subsection 7a72 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 7e7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section for the period of fiscal years #bjba through #bjbe4 4