,,ii #aafth ,,congress #b;d ,session ,s4 #dgbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjbj,mr4 ,wicker 7for himself1 ,mr4 ,schatz1 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 sustainable offshore 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 ,purposes4,sec4 #c4 ,definitions4,,title ,i--,national standards,sec4 #aja4 ,national standards for sustainable aquaculture4,sec4 #ajb4 ,national plan to identify and designate aquaculture opportunity areas4,sec4 #ajc4 ,aquaculture outside of an aquaculture opportunity area4,,title ,,ii--,core activities,sec4 #bja4 ,aquaculture management plans4,sec4 #bjb4 ,offshore aquaculture permits4,sec4 #bjc4 ,research and development grant program4,sec4 #bjd4 ,economic soundness4,,title ,,iii--,refinements,sec4 #cja4 ,recordkeeping1 inspections1 and access to information4,sec4 #cjb4 ,marine feed standards4,sec4 #cjc4 ,marine use rights4,,title ,,iv--,administrative provisions,sec4 #dja4 ,office of ,aquaculture4,sec4 #djb4 ,support for industry4,sec4 #djc4 ,outreach and education4,sec4 #djd4 ,administration4,sec4 #dje4 ,report and permit terms4,sec4 #djf4 ,federal coordination4,sec4 #djg4 ,prohibited acts4,sec4 #djh4 ,enforcement4,sec4 #dji4 ,authorization of appropriations4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to support the development of a sustainable marine aquaculture industry in the ,united ,states and enhance access to investment capital2 7#b7 to develop sustainable marine aquaculture to complement sustainable fisheries and ecosystem-based management2 7#c7 to clarify 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 participants2 and 7#f7 to reduce the ,united ,states seafood trade deficit by expanding the domestic supply of seafood through the production of sustainable offshore aquaculture4 #c4 ,definitions ,in this ,act3 7#a7 ,aquaculture ,the term aquaculture-- 7,a7 means any activity involved in the propagation1 rearing1 or attempted propagation or rearing1 of cultured species1 including the capture and rearing of broodstock2 7,b7 does not include the practice of capturing juvenile finfish to rear to maturity in an aquaculture facility for subsequent commercial sale2 and 7,c7 does not include the practice of rearing and releasing cultured species for the purpose of enhancing wild populations4 7#b7 ,aquaculture stakeholder ,the term aquaculture stakeholder means owners and operators of offshore aquaculture facilities1 ,regional ,fishery ,management ,councils1 interstate fisheries commissions1 conservation organizations1 fisheries associations1 ,state1 county1 and federally recognized ,indian ,tribes1 and other interested parties4 ,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 ,cultured species ,the term cultured species means any species propagated and reared for marine aquaculture4 ,the term includes larval marine shellfish species that self-recruit in the offshore environment4 ,the term excludes any member of the class aves1 reptilia1 or mammalia4 7#e7 ,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 #i nautical miles from the coastline of the ,commonwealth of ,puerto ,rico2 7iii7 in the case of ,american ,samoa1 the ,united ,states ,virgin ,islands1 or ,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#f7 ,healthy target stock ,the term healthy target stock means a component of a fishery managed in a similar or equivalent way to fisheries managed under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 or by a ,united ,states interstate marine fisheries commission1 or a component of a fishery targeted for harvest that is not overfished or experiencing overfishing4 7#g7 ,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#h7 ,multi-trophic aquaculture ,the term multi-trophic aquaculture means an assemblage of cultured species grown in close enough proximity to one another so that cultured species provide ecosystem services to one another4 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 ,sustainably managed fishery for aquaculture feed ,the term sustainably managed fishery for aquaculture feed means a fishery that is used for feed and that is managed in such a manner to maintain healthy target stocks1 to protect marine ecosystem structure1 productivity1 function1 and diversity1 and to minimize impacts to nontarget stocks4 ,i ,national standards #aja4 ,national standards for sustainable aquaculture 7a7 ,relation to current law ,nothing in this ,act shall be construed in derogation of applicable law1 and offshore aquaculture operations shall comply with all applicable statutes1 rules1 and regulations4 ,in order to ensure that implementing regulations for applicable statutes appropriately account for the unique considerations arising from offshore aquaculture1 the ,secretary shall comply with the following3 7#a7 ,with respect to regulations administered by the ,department of ,commerce or ,national ,oceanic and ,atmospheric ,administration1 the ,secretary shall review such regulations in accordance with this subsection and update any regulations as appropriate or necessary4 7#b7 ,with respect to ,federal regulations not administered by the ,department of ,commerce or ,national ,oceanic and ,atmospheric ,administration1 the ,secretary shall confer with appropriate officials to review such regulations in accordance with this subsection4 ,after such review1 the ,agency that administers the regulations may1 as appropriate or necessary1 update such regulations4 7b7 ,national standards ,any designation and establishment of an aquaculture opportunity area1 any aquaculture management plan prepared1 any regulation promulgated1 and any permit granted1 pursuant to this ,act1 shall-- 7#a7 encourage development of ,united ,states offshore aquaculture while remaining consistent with environmental requirements established by law2 7#b7 be based on the best scientific information available1 taking into account traditional knowledge2 7#c7 be adaptive to offshore aquaculture development1 accounting for updates in technology and changes in environmental conditions2 7#d7 prefer species that are native or historically naturalized to the region2 and 7#e7 prioritize the health of cultured species4 7c7 ,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 development of aquaculture management plans1 and regulations promulgated and permits granted pursuant to this title4 7d7 ,periodic review ,the ,secretary shall periodically review the advisory guidelines established under subsection 7c71 as needed1 but not less often than once every #e years1 to determine whether changed circumstances1 advances in science1 or improved management practices warrant an amendment or update to the guidelines4 #ajb4 ,national plan to identify and designate aquaculture opportunity areas 7a7 ,relation to current law ,nothing in this section shall be construed in derogation of applicable law in effect on the date of enactment of this ,act regulating or restricting the use of the exclusive economic zone1 and the ,secretary shall comply with all such applicable law when proposing1 designating1 and operating an aquaculture opportunity area under this section4 ,in order to ensure that implementing regulations for applicable statutes appropriately account for the unique considerations arising from offshore aquaculture1 the ,secretary shall comply with the following3 7#a7 ,with respect to regulations administered by the ,department of ,commerce or ,national ,oceanic and ,atmospheric ,administration1 the ,secretary shall review such regulations in accordance with this subsection and update any regulations as appropriate or necessary4 7#b7 ,with respect to ,federal regulations not administered by the ,department of ,commerce or ,national ,oceanic and ,atmospheric ,administration1 the ,secretary shall confer with appropriate officials to review such regulations in accordance with this subsection4 ,after such review1 the ,agency that administers the regulations may1 as appropriate or necessary1 update such regulations4 7b7 ,national plan 7#a7 ,in ,general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall1 consistent with this section1 develop a plan and timeline to systematically-- 7,a7 assess the exclusive economic zone2 7,b7 prepare an inventory of sites suitable for aquaculture opportunity areas2 and 7,c7 designate aquaculture opportunity areas4 7#b7 ,designation ,the ,secretary may designate an aquaculture opportunity area prior to completion of the entire inventory under paragraph 7#a77;,b7 for locations where the ,secretary has completed the assessment under paragraph 7#a77;,a7 and developed an aquaculture management plan as required under subsection 7f77#a74 7c7 ,assessment of the exclusive economic zone2 inventory ,the ,secretary shall conduct the assessment and prepare the inventory described in subsection 7b7 using relevant scientific1 social1 and economic data1 and engagement with aquaculture stakeholders and the public as provided in subsection 7e74 ,in conducting the assessment1 the ,secretary may consider a cluster of locations in close proximity with similar conditions as a single inventory item1 provided that each of the locations meets the criteria established in this section4 ,based on the factors listed in subsection 7d7 and the national standards in section #aja1 the ,secretary shall make a determination based on the totality of the circumstances whether a site under consideration is suitable for sustainable offshore aquaculture4 ,if the ,secretary determines that a site is suitable1 then the site shall be listed in the inventory1 along with-- 7#a7 a description of the site1 including its coordinates and a map2 7#b7 a thorough evaluation of each factor described in subsection 7d71 and the ,secretary's findings regarding each of those factors2 and 7#c7 an analysis of how these findings justify the ,secretary's determination that the site is suitable for sustainable offshore aquaculture4 7d7 ,factors for assessment ,in order to conduct the assessment in subsection 7c71 the ,secretary shall consider the following factors3 7#a7 ,the oceanographic characteristics of the site4 7#b7 ,the bathymetry and availability of areas for anchors1 moorings1 and other gear4 7#c7 ,current and possible future human uses of the site1 and the areas in reasonable proximity to the site4 7#d7 ,current and possible future conservation uses of the site1 and the areas in reasonable proximity to the site4 7#e7 ,potential impacts to wild fisheries from the escape of cultured species1 or from cultured species becoming invasive or hybridizing with wild stocks within the region4 7#f7 ,potential benefits from multi-trophic aquaculture1 where cultured species provide ecosystem services to one another4 7#g7 ,availability of shore-side fishery infrastructure and other land-based support facilities to support offshore aquaculture operations4 7#h7 ,expected socioeconomic impacts from operations on adjacent coastal communities4 7#i7 ,other factors that the ,secretary determines are appropriate4 7e7 ,engagement ,in conducting the assessment and inventory under subsection 7c71 the ,secretary shall conduct engagement with aquaculture stakeholders and the public as follows3 7#a7 ,public meetings and workshops ,the ,secretary shall conduct public meetings to inform interested aquaculture stakeholders about the intent to include a site in the inventory1 share information about the process1 and solicit public feedback1 including written comments4 ,in addition to public meetings1 the ,secretary may1 consistent with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 convene workshops of particular aquaculture stakeholders or aquaculture stakeholder groups to provide insight1 information1 and comments to support the assessment and inventory process4 7#b7 ,consultation with ,states1 ,tribes1 and territories ,the ,secretary shall consult with ,states1 federally recognized ,indian ,tribes1 and territories adjacent to or within #ajj miles of a site under consideration for the inventory4 ,such ,states1 federally recognized ,indian ,tribes1 and territories may submit comments to the ,secretary1 and the ,secretary shall consider such comments in the assessment and inventory process4 7f7 ,designation and establishment of aquaculture opportunity area 7#a7 ,in ,general ,in order to designate and establish an aquaculture opportunity area1 the ,secretary shall select a site from the inventory prepared under subsection 7c71 and develop an aquaculture management plan under section #bja4 ,in the event that the ,secretary determines the site is not viable during the development of the aquaculture management plan1 the ,secretary may abandon consideration of the site1 and revise the inventory accordingly4 7#b7 ,state petition ,the ,governor of any coastal ,state or territory1 or a ,tribal government in a fisheries management region under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 may submit a request in writing to the ,secretary to petition for locating an aquaculture opportunity area1 or a group of aquaculture opportunity areas1 in reasonable proximity to the location of the requesting ,state1 territory1 or ,tribal government4 ,the ,secretary shall evaluate the petition and may designate an aquaculture opportunity area or group of aquaculture opportunity areas as provided in this section4 7#c7 ,initial and subsequent establishment of aquaculture opportunity areas ,the ,secretary shall initially establish at least #b aquaculture opportunity areas from the inventory developed under subsection 7b7 not later than #a year after the date of enactment of this ,act4 ,each year thereafter1 the ,secretary shall establish not less than #a additional aquaculture opportunity area from the inventory until all sites from the inventory have been considered4 7#d7 ,adjustment of existing aquaculture opportunity areas ,the ,secretary may adjust the dimensions of an established aquaculture opportunity area as necessary1 while accounting for impacts to operating aquaculture facilities1 the state of science1 the cost-benefit ratio of the adjustment1 and comments from aquaculture stakeholders and the general public4 7g7 ,demonstration projects ,in order to test the viability of sustainable offshore aquaculture in a site listed on the inventory1 the ,secretary may support demonstration projects in an inventory site to assist in developing the required contents for an aquaculture management plan4 ,such demonstration projects shall be carried out in a manner that is consistent with the national standards in section #aja4 ,demonstration projects may include multidisciplinary research to revive and adapt traditional aquaculture systems1 such as open sea ponds1 to support the needs of modern communities4 7h7 ,study on aquaculture opportunity areas in ,state waters ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall conduct a study of the feasibility of allowing ,states to petition for aquaculture opportunity areas in their waters4 ,the study shall include information and analysis on the benefits of aquaculture opportunity areas in ,state waters and identify barriers to implementation4 7i7 ,regulations ,the ,secretary may promulgate regulations governing the process for implementing this section4 7j7 ,spatial data ,to support the implementation of this section1 the ,national ,oceanic and ,atmospheric ,administration shall collect and curate spatial data relevant to aquaculture and make such data publicly available1 unless otherwise restricted by law4 #ajc4 ,aquaculture outside of an aquaculture opportunity area 7a7 ,definitions ,in this section-- 7#a7 the term site proponent means a nongovernmental entity that assesses a site and develops an aquaculture management plan for that site in accordance with subsection 7c72 and 7#b7 the term notice of intent means a written document that communicates the site proponent's intention to develop an offshore aquaculture site1 and includes the location1 type of aquaculture1 cultured species1 and other information the ,secretary requires4 7b7 ,aquaculture outside of an aquaculture opportunity area ,offshore aquaculture may be conducted outside of an aquaculture opportunity area only as provided in this section4 7c7 ,process and regulations 7#a7 ,in ,general ,the ,secretary shall develop a process and promulgate regulations1 consistent with this section1 to allow a site proponent to1 at its own expense-- 7,a7 assess sites smaller than an aquaculture opportunity area for offshore aquaculture in an exclusive economic zone2 7,b7 develop aquaculture management plans for those sites2 7,c7 submit a notice of intent and application to the ,secretary requesting approval to conduct aquaculture at the site2 and 7,d7 apply for a permit under section #bjb4 7#b7 ,process ,the process developed by the ,secretary shall include-- 7,a7 the process for submitting a notice of intent1 publishing the notice of intent1 and soliciting comments under subsection 7d72 7,b7 the form of application to be used by the site proponent2 7,c7 the required contents of the application1 including an analysis of the factors in section #ajb7;d7 and the items in section #bja7;c72 7,d7 a process for submitting the comments received under subsection 7d71 along with the disposition of each2 and 7,e7 a timeline for the ,secretary's consideration and action on the application1 which may be either to approve1 deny1 or request more information4 7d7 ,notice of intent 7#a7 ,in ,general ,the ,secretary shall require each site proponent that is assessing a site under subsection 7c77#a7 to submit a notice of intent before developing an aquaculture management plan or submitting an application under this section4 ,the ,secretary1 acting through the ,national ,oceanic and ,atmospheric ,administration1 shall-- 7,a7 publish the notice of intent1 together with information on the process under subsection 7c77#b72 7,b7 deliver the notice of intent1 together with information on the process under subsection 7c77#b71 to-- 7i7 ,states and federally recognized ,indian ,tribes within #ajj miles of the proposed site2 and 7ii7 any local governments within #aj miles of the proposed site2 7,c7 convene meetings with aquaculture stakeholders and the public-- 7i7 to solicit public comment1 including written comments1 to be shared with the site proponent2 and 7ii7 including1 at a minimum-- 7,i7 at least #a public meeting for aquaculture stakeholders2 and 7,,ii7 meetings with ,state1 local1 and ,tribal government representatives2 and 7,d7 consult with interested ,federal agencies4 7#b7 ,comments ,states1 federally recognized ,indian ,tribes1 and local governments described in paragraph 7#a77;,b7 may submit comments on the notice of intent to the ,secretary1 which shall be shared with the site proponent4 7e7 ,management plan ,each site proponent shall include all comments received under subsection 7d7 in the aquaculture management plan1 along with a disposition of each4 ,,ii ,core activities #bja4 ,aquaculture management plans 7a7 ,development and adoption ,in order to implement this ,act1 the ,secretary shall develop and adopt for aquaculture opportunity areas established under section #ajb1 or locations where multiple aquaculture opportunity areas may be suitable for establishment-- 7#a7 an aquaculture management plan2 and 7#b7 amendments to each such plan that are necessary from time to time4 7b7 ,overlapping management areas ,the ,secretary may use a single aquaculture management plan for multiple aquaculture opportunity areas where such areas are within reasonable proximity to each other and sufficiently similar4 7c7 ,engagement ,prior to developing1 adopting1 or amending an aquaculture management plan under this section1 the ,secretary1 acting through the ,national ,oceanic and ,atmospheric ,administration1 shall meet with aquaculture stakeholders and the public to solicit their comments1 and consult with interested ,federal agencies4 ,such comments shall be duly reported in an addendum to the aquaculture management plan1 along with a disposition of each4 ,at a minimum1 meetings under this subsection shall include-- 7#a7 at least one public meeting for aquaculture stakeholders2 and 7#b7 meetings with ,state1 local1 and ,tribal government representatives4 7d7 ,required contents ,an aquaculture management plan that is prepared by the ,secretary under this title shall-- 7#a7 include information and analysis that the ,secretary determines is appropriate to establish common reference points for conducting aquaculture in the aquaculture opportunity area2 7#b7 specify parameters and guidance for conducting aquaculture in the aquaculture opportunity area1 based on the information and analysis under paragraph 7#a71 including-- 7,a7 the geographic boundaries of the aquaculture opportunity area2 7,b7 the number of sites that each aquaculture opportunity area will support2 7,c7 the species allowed for aquaculture in the aquaculture opportunity area2 7,d7 standards for the structural integrity of aquaculture facilities to prevent the escape of cultured species2 and 7,e7 contingency plans that will be required1 along with standards for such plans1 for events including-- 7i7 severe weather2 7ii7 escape of cultured species2 7iii7 situations affecting1 or compromising1 the health of cultured species2 and 7iv7 other contingencies the ,secretary identifies2 7#c7 describe how the ,secretary will monitor aspects of aquaculture in the aquaculture opportunity area in order to support compliance with this ,act1 including-- 7,a7 escape of cultured species2 7,b7 situations affecting1 or compromising1 the health of cultured species2 7,c7 the economic and commercial productivity of the aquaculture opportunity area2 and 7,d7 other matters the ,secretary identifies2 and 7#d7 prescribe such other measures1 requirements1 or conditions and restrictions as are determined to be necessary and appropriate for implementation of this ,act4 7e7 ,implementing regulations ,the ,secretary shall develop and adopt regulations determined to be necessary and appropriate to implement an aquaculture management plan or plan amendment developed under this section4 7f7 ,periodic review ,the ,secretary shall periodically review plans developed under subsection 7a7 as needed1 but not less often than once every #e years1 to determine whether changed circumstances1 advances in science1 or improved management practices warrant an amendment or update to the plan4 #bjb4 ,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 proposed offshore aquaculture facility1 type of aquaculture operation1 and cultured species are consistent with an established aquaculture management plan1 or the permit applicant has provided the ,secretary with sufficient information and analysis1 such as would be included in an established aquaculture management plan1 to merit issuance1 if the permit is intended to be located outside of an aquaculture opportunity area2 7#c7 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#d7 issuance of the offshore aquaculture permit is not prohibited under section #djg4 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 on-shore facilities used for propagation or rearing of cultured species1 such as hatcheries or research operations2 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 source of eggs1 larvae1 or juvenile cultured species that will be used in aquaculture operations1 an analysis of the likely impacts on wild populations and habitats1 such as prevention of the spread of pathogens1 and the information upon which the assessment was made2 7,e7 plans to respond to-- 7i7 a natural disaster2 7ii7 an escapement2 7iii7 disease2 and 7iv7 other circumstances designate by the ,secretary2 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 adjacent to or within #ajj miles of the proposed site and to the federally recognized ,indian ,tribes within those ,states2 and 7,b7 provide public notice and an opportunity for public comment for a period of not less than #fj days 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 aquaculture stakeholders 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 provisions of this ,act1 including 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 providing a justification for the ,secretary's determination 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 the ,united ,states or a ,u4,s4 ,state2 and 7ii7 is not owned by a foreign nation or majority-controlled by a foreign nation4 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 #aja1 and an applicable aquaculture management plan and implementing regulations developed under section #bja2 and 7,b7 specify in each offshore aquaculture permit the duration1 size1 and location of the offshore aquaculture facility4 7#c7 ,statutes and regulations ,offshore aquaculture permits are subject to this ,act1 regulations promulgated pursuant thereto1 and other statutes and regulations in existence upon the effective date of the permit4 ,when promulgating regulations1 the ,secretary shall indicate whether and to what extent the regulations apply to existing offshore aquaculture permits4 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 ,aquaculture opportunity areas ,a permit issued for offshore aquaculture to be conducted in an aquaculture opportunity area as provided in section #ajb 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 7o77#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 ,transfer ,a permit may be transferred as provided under this subsection1 provided that the permit is still valid1 and has not been amended due to emergency circumstances4 ,to propose a transfer1 a permittee shall submit an application to the ,secretary1 and the ,secretary shall review and make a determination of whether to approve1 deny1 or request additional information not later than #fj days after the date of receipt of the application4 ,the application shall include-- 7#a7 notice to the ,secretary of the intention to transfer2 7#b7 the reason for the transfer2 7#c7 the identity of the transferee1 and whether the transferee holds1 has held1 or is applying for a permit under this ,act2 7#d7 the transferee's assumption of responsibility1 coverage1 and liability for activities performed under the permit1 as of the effective date of the transfer2 and 7#e7 any additional information requested by the ,secretary4 7g7 ,renewal ,the ,secretary may renew an offshore aquaculture permit that has not been revoked for an additional #ae-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 7#c7 the permit has not been modified because of emergency considerations2 and 7#d7 notice under subsection 7c77#b7 has been given4 7h7 ,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 #djg2 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 practices4 7i7 ,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 7j7 ,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 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 7k7 ,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 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 annual 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 offshore 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 or 7,c7 the cost of site remediation for impacts arising from authorized activities4 7l7 ,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 seq471 but shall be considered a fishery under section #c of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfb74 7m7 ,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 7n7 ,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 7o7 ,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 the ,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 offshore 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 7p7 ,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 zone1 including animal health and disease risk assessments4 7#b7 ,contingency plans ,as part of an application for a permit for offshore aquaculture or as part of an aquaculture management plan established in section #bja1 the ,secretary of ,agriculture may approve contingency plans1 along with standards for such plans1 for events relating to situations affecting the health of cultured species4 7#c7 ,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 ,service2 and 7,c7 has a valid veterinarian client-patient relationship with the facility in which the individual is practicing veterinary medicine4 7q7 ,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 #bjc4 ,research and development grant program 7a7 ,in general ,the ,secretary shall establish1 in consultation with applicable ,federal agencies1 coastal ,states1 federally recognized ,indian ,tribes1 ,regional ,fishery ,management ,councils1 academic institutions1 and interested aquaculture stakeholders1 a research and development grant program to further the purposes of this ,act4 ,in carrying out this subsection1 the ,secretary shall consider using existing programs that leverage ,state and local partnerships and take advantage of the extramural research community1 including the ,national ,sea ,grant ,college ,program under the ,national ,sea ,grant ,college ,program ,act 7#cc ,u4,s4,c4 #aaba et seq474 7b7 ,components ,the research and development grant program described in subsection 7a7 shall include research conducted internally by the ,national ,oceanic and ,atmospheric ,administration1 and through the award of competitive1 peer-reviewed grants to fund research and extension services-- 7#a7 to create innovative design and engineering solutions to common obstacles within the offshore aquaculture industry2 7#b7 to enable the transition of innovative aquaculture technologies1 including technologies focused on the commercialization of high-value marine species1 from controlled studies to commercial use2 7#c7 to evaluate the role of genetics in relation to the development of improved lines of brood stock1 disease resistance1 and interactions between cultured species and wild stocks2 7#d7 to advance research into the management1 mitigation1 and prevention of cultured species diseases2 7#e7 to develop cost-effective feeds to optimize the sustainable use of protein and lipid sources originating from wild fish1 plants1 and other sources1 maximize growth and production performance of cultured species1 prevent the spread of pathogens and parasites1 and maintain the human health benefits of cultured seafood2 7#f7 to improve techniques for monitoring1 assessing1 and addressing environmental impacts of offshore aquaculture and develop and evaluate methodologies to prevent1 minimize1 and mitigate potential adverse environmental impacts2 7#g7 to evaluate the potential for offshore aquaculture to serve as a tool for environmental management1 including connections to water quality1 watershed management1 and fishery conservation and management2 7#h7 to evaluate the potential impact of offshore aquaculture on the economies of coastal communities1 particularly those dependent on traditional fishery resources2 7#i7 to identify barriers to entry in the offshore aquaculture industry and propose solutions to overcome them2 7#aj7 to study the traditional aquaculture methods and practices of ,native ,americans1 ,alaska ,natives1 and ,native ,hawaiians to evaluate economic1 environmental1 and sociological impacts2 7#aa7 to investigate other priority issues identified by the ,secretary2 and 7#ab7 to evaluate economic aspects of offshore aquaculture1 including production costs and market development4 7c7 ,coordination with other ,federal programs ,the ,secretary shall-- 7#a7 coordinate aquaculture research and development intramural programs and grants within the ,department of ,commerce and with other ,federal intramural and extramural programs that provide grant funding for purposes similar to those under subsection 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 #bjd4 ,economic soundness 7a7 ,in general ,section #ecgjh of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,aquaculture ,in making the findings under subsections 7a7 and 7b71 the ,administrator and the ,secretary may take into account factors such as-- 7#a7 the transferability of an aquaculture permit2 7#b7 an assessment of the shore-side seafood economy where the borrower will be operating2 and 7#c7 the existence of a formal technical assistance program administered by a governmental agency4 4 ,,iii ,refinements #cja4 ,recordkeeping1 inspections1 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 at a minimum 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 7,c7 a copy of any required incident or annual report required under a permit necessary for aquaculture operations under other ,federal law2 and 7,d7 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 ,inspections 7#a7 ,frequency ,the ,secretary shall conduct an annual inspection of offshore aquaculture facilities4 7#b7 ,notice ,the ,secretary shall provide reasonable notice prior to site inspections at offshore aquaculture facilities pursuant to paragraph 7#a74 ,the ,secretary shall take into consideration biosecurity concerns and work with the permit holder to ensure best inspection practices to ensure safety and protect cultured species4 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 7e7 ,government access ,any ,federal ,government official representing an agency with authority for implementing and enforcing ,federal law applicable to offshore aquaculture shall have reasonable access to an offshore aquaculture facility for which a permit is issued under this ,act for the purpose of enforcing the ,federal law under the official's jurisdiction or otherwise carrying out the official's responsibilities4 ,such an official1 relative to their jurisdictional authority1 may inspect1 at reasonable times1 appropriate records1 files1 papers1 permits1 processes1 controls1 and the offshore aquaculture facility and may test any feature of the offshore aquaculture facility1 provided testing does not risk incurring damage or potentially compromise the structural integrity of the facility or the health of cultured species4 ,each inspection shall be conducted with reasonable promptness4 ,the permit holder shall receive timely notification1 in writing1 of the results of the inspection4 7f7 ,public access ,the ,secretary shall make reports and other information received under this ,act available to the public unless the ,secretary determines it is necessary to withhold disclosure to protect confidential business information or sensitive personal information4 ,the ,secretary shall establish procedures to protect confidential business information and sensitive personal information from being disclosed4 #cjb4 ,marine feed standards 7a7 ,relation to current law ,nothing in this ,act shall be construed in derogation of applicable law regarding the production of animal feed1 and offshore aquaculture operations shall comply with all applicable law 7including regulations74 7b7 ,requirements for fisheries-,derived marine feed ingredients ,the ,secretary shall require that fish meal1 or any fisheries-derived marine feed ingredients 7both first-use and trimmings71 used at offshore aquaculture facilities in the exclusive economic zone-- 7#a7 are sourced from a sustainably managed fishery for aquaculture feed2 7#b7 employ traceability sufficient to credibly demonstrate the ingredients were sourced from a sustainably managed fishery for aquaculture feed2 7#c7 are harvested and produced without convict1 forced1 or indentured labor2 and 7#d7 are delivered to the cultured species as part of a formulated feed4 7c7 ,study on best practices for marine feed ,not later than #b years after the date of enactment of the ,advancing the ,quality and ,understanding of ,american ,aquaculture ,act1 the ,secretaries of ,commerce and ,agriculture1 through the coordinating group1 shall conduct a study of the best management practices related to sustainable1 economic feed for the ,united ,states marine aquaculture industry4 ,the study shall-- 7#a7 recommend best practices for sourcing fish meal from sustainably managed fisheries for aquaculture feed2 7#b7 recommend best practices to provide traceability on the source of fish meal ingredients2 7#c7 recommend best practices for sourcing formulated feed ingredients from domestic sources2 and 7#d7 recommend best practices for harvesting and producing fish meal so that it can be known that it is harvested and produced without convict1 forced1 or indentured labor4 7d7 ,report ,upon completion of the study under subsection 7c71 the ,secretaries of ,commerce and ,agriculture shall prepare and submit a report containing the recommendations described in subsection 7c7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives4 #cjc4 ,marine use rights ,the permit established under section #bjb shall be considered a marine use right1 offering security of tenure for purpose of obtaining investment1 transferring permit to other authorized users1 and allowing for operations4 ,,iv ,administrative provisions #dja4 ,office of ,aquaculture 7a7 ,office of ,aquaculture ,the ,secretary shall establish and provide resources for-- 7#a7 an ,office of ,aquaculture within the ,national ,marine ,fisheries ,service at the ,national ,oceanic and ,atmospheric ,administration headquarters to implement this title2 and 7#b7 an ,office of ,aquaculture presence in each of the regional fisheries offices of the ,national ,oceanic and ,atmospheric ,administration1 which presence shall1 at a minimum1 be sufficient to fulfill the duties under subsection 7b71 but may be increased to the extent warranted by the activity and interest of aquaculture stakeholders in the region4 7b7 ,office of ,aquaculture duties ,the ,office of ,aquaculture shall-- 7#a7 ensure the implementation of this ,act2 7#b7 coordinate regulatory1 scientific1 outreach1 and international issues related to aquaculture within the ,national ,oceanic and ,atmospheric ,administration2 7#c7 collaborate with and leverage existing efforts by the ,national ,sea ,grant ,college program to-- 7,a7 conduct aquaculture outreach1 education1 extension services1 and training efforts2 and 7,b7 engage with aquaculture stakeholders and1 from time to time1 convene conferences for aquaculture stakeholders to exchange information and ideas2 and 7#d7 maintain aquaculture capacity in each of the regional fisheries offices of the ,national ,oceanic and ,atmospheric ,administration1 including at least one ,regional ,aquaculture ,coordinator in each such office4 7c7 ,aquaculture research program and duties ,in addition to the resources required under subsection 7a71 the ,secretary shall establish and provide additional resources for an aquaculture research program that draws upon the scientific capacity of ,national ,oceanic and ,atmospheric ,administration programs such as the ,fisheries ,science ,centers1 ,sea ,grant1 and the ,national ,centers for ,coastal and ,ocean ,science to support the ,office of ,aquaculture's efforts to implement this title4 ,specifically1 the program shall-- 7#a7 ensure that offshore aquaculture operations permitted under this title are scientifically monitored to support the implementation of this ,act1 evaluate data1 and conduct additional research to support the development of sustainable offshore aquaculture in accordance with this title2 and 7#b7 administer the research and development grant program under section #bjc4 7d7 ,aquaculture ,subcommittee ,the ,marine ,fisheries ,advisory ,committee shall designate the ,aquaculture ,subcommittee as a permanent1 standing subcommittee to serve as an external board to advise the ,secretary on offshore aquaculture4 ,the ,aquaculture ,subcommittee shall coordinate with the ,national ,sea ,grant ,advisory ,board1 as appropriate4 7e7 ,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 ,support for industry 7a7 ,in general ,the ,secretary shall support the development of sustainable marine aquaculture1 consistent with this ,act and other applicable ,federal law4 7b7 ,marketing and promotion grants ,the ,secretary shall1 in consultation with industry1 establish and administer a grant program to support the sale and public perception of cultured species domestically and internationally4 7c7 ,workforce development ,the ,secretary shall1 in consultation with industry1 academic institutions1 and the ,national ,sea ,grant ,college ,program1 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 networks ,the ,secretary shall organize through each regional fisheries office of the ,national ,oceanic and ,atmospheric ,administration a network of-- 7#a7 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 institutions of higher education1 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 requirements2 and 7#b7 individuals and businesses interested in aquaculture operations and products to facilitate professional development1 marketing1 mentoring opportunities1 and agency outreach and education on aquaculture4 7e7 ,aquaculture database ,the ,secretary shall establish and maintain within the ,office of ,aquaculture an aquaculture database4 ,the aquaculture database shall include information on research1 technologies1 monitoring techniques1 best practices1 and advisory board recommendations4 ,the ,secretary shall make the aquaculture database available in a manner that safeguards confidential business information4 ,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 7f7 ,technical assistance for operators ,the ,secretary shall organize through the ,office of ,aquaculture and the ,regional ,aquaculture ,coordinators1 a program to provide technical assistance to operators in each regional fisheries office of the ,national ,oceanic and ,atmospheric ,administration4 ,the programs shall be tailored to meet the unique needs of each region1 but shall conduct individual consultations with each operator in the region on a regular basis to assess the status of the operator's business1 and if appropriate1 identify available resources to support the operator1 such as regional experts1 university extension agents1 and grant opportunities4 7g7 ,capital markets 7#a7 ,outreach to financial institutions ,in order to enhance access to capital markets1 the ,secretary shall provide financial institutions and investment firms with objective1 science-based information on offshore aquaculture and the ,federal regulatory regime that governs it4 7#b7 ,economic analysis ,in addition1 the ,secretary shall provide economic analysis to answer queries regarding the value of offshore aquaculture assets to secure financing1 such as equipment1 governmental permits1 inventory1 and intellectual property4 7#c7 ,collaboration ,in order to achieve the goals of this subsection1 the ,secretary is encouraged to collaborate with the ,secretary of ,agriculture1 the ,secretary of the ,treasury1 and the regional networks established under subsection 7d74 #djc4 ,outreach and education ,the ,secretary shall conduct outreach on sustainable offshore aquaculture to promote understanding1 science-based decision making1 and commercial adoption4 ,the ,secretary 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 federally recognized ,indian ,tribes 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 ,regional ,fishery ,management ,councils as established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb71 and interstate fisheries commissions 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 federally recognized ,indian ,tribes1 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 #bjb2 7,e7 procedures to minimize 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 #cjb2 7#b7 shall promulgate such additional regulations as are necessary and appropriate to carry out this ,act2 and 7#c7 may amend a regulation at any time4 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 and consistent with applicable law1 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 ,tribal government1 territory1 or possession 7or any political subdivision thereof72 7#c7 any foreign government2 or 7#d7 an 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 and permit terms 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 of the ,senate and the ,committee on ,natural ,resources 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 aquaculture opportunity areas established under section #ajb1 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 offshore aquaculture in the ,united ,states2 7#f7 the ,secretary's assessment of ,united ,states offshore aquaculture in comparison to offshore aquaculture in other nations2 and 7#g7 the ,secretary's recommendations to improve ,united ,states 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 ,federal coordination 7a7 ,relation to current law ,nothing in this section shall be construed in derogation of law in effect on the date of enactment of this ,act that is applicable to offshore aquaculture operations1 and the unified permitting and review process established under this section shall not affect the timelines or standards established under other laws4 7b7 ,coordination ,subject to subsection 7a71 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 the ,food and ,drug ,administration1 and the department in which the ,u4,s4 ,coast ,guard is operating to simplify the ,federal permitting process for offshore aquaculture4 ,the ,secretaries of the ,interior1 ,agriculture1 ,health and ,human ,services1 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 7c7 ,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 ,health and ,human ,services1 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 initiate1 subject to the requirements of subsection 7a71 a rulemaking for all permits administered by such agency heads relating to offshore aquaculture for a unified process1 public notice1 and public comment for-- 7,a7 initial issuance of permits2 7,b7 renewal of permits2 and 7,c7 transfer of permits4 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 response to applicants4 #djg4 ,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 cultured species 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 7#h7 to make any false statement or provide any false information on1 or in connection with1 an application1 declaration1 record1 or report2 or 7#i7 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 #djh4 ,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 non-reimbursable 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 #djg2 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 cultured species or seafood product 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 cultured species or seafood 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 or reported 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 subsection 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 #djg shall be liable to the ,united ,states for a civil penalty4 ,the amount of the civil penalty shall not exceed #cg1ejj 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 #djg 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 #djg1 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 ,act7 has acted in violation of section #djg1 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 cultured species 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 cultured species1 or components thereof1 found in an offshore aquaculture facility or on board a vessel or other conveyance that is used or seized in connection with a violation of this ,act were 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 #djg 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 #djg 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 one 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 #dji4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for the purpose of carrying out this ,act-- 7#a7 #fj1jjj1jjj for fiscal year #bjba2 7#b7 #fe1jjj1jjj for fiscal year #bjbb2 7#c7 #gj1jjj1jjj for fiscal year #bjbc2 7#d7 #ge1jjj1jjj for fiscal year #bjbd2 and 7#e7 #hj1jjj1jjj for fiscal year #bjbe4