Sec. 6. Offshore aquaculture permits
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After the Secretary promulgates final regulations under section 5(c)(1), the Secretary may issue an offshore aquaculture permit if the Secretary determines that— the applicant has demonstrated that the offshore aquaculture facility will be— maintained in good working order; and operated and sited in a manner that minimizes adverse impacts on the marine environment; the proposed offshore aquaculture facility is consistent with national policy goals and objectives, including sustainable and healthy fisheries, maritime shipping, and environmental quality, consistent with section 10; and issuance of the offshore aquaculture permit is not prohibited under section 7(b).
An offshore aquaculture permit holder— shall be authorized to conduct offshore aquaculture consistent with this Act (including regulations), other applicable provisions of law (including regulations), and any terms or conditions prescribed under subsection (d)(2); and may raise specified cultured species in a specific offshore aquaculture facility within a specified area of the exclusive economic zone if the cultured species is considered— native to the region where the aquaculture facility is located; sterile or otherwise not capable of producing viable offspring; or by the best available science, to be not likely to become invasive and cause undue harm to wild species, habitats, or ecosystems, or supplement existing invasive populations, in the event of an escape.
An applicant for a permit shall submit an application to the Secretary. The application shall specify— the proposed location of the offshore aquaculture facility; the type of operation; the cultured species, or a specified range of species, to be propagated or reared, or both, at the offshore aquaculture facility; the ways in which the permit holder will address potential environmental impacts, including invasive species, pathogens, impacts on benthic habitat and water quality; a plan to protect the health of the cultured species described in subparagraph (C), including a plan for responding to a disease outbreak; such other design, construction, and operational information, as the Secretary may require, including measures to withstand significant weather events that could damage or impact the offshore aquaculture facility and a contingency plan for responding to an escape of farmed fish of the proposed cultured species, from the offshore aquaculture facility, including a response to a technical failure of the facility that presents a navigational hazard; a plan for conducting necessary environmental monitoring; and a facility decommissioning plan.
The Secretary shall provide public notice and an opportunity for public comment for each offshore aquaculture permit application. To the extent practicable, the public notice for each permit application shall fulfill the public notice requirement for all Federal agencies under all applicable provisions of law, and the response to public comment shall include all agency responses to all aspects of each facility or group of facilities. Not later than 10 days after the date on which the Secretary receives an offshore aquaculture permit application, the Secretary shall— notify the applicant that the application is complete; or notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete.
Not later than 30 days after the period for public comments on a completed application has concluded, the Secretary shall— issue the permit, if the requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and other applicable law have been completed within such timeframe; or defer the decision on the permit and provide to the applicant a notice— that specifies any steps that the applicant could take for the permit to be issued; and a list of actions that need to be taken by the agency to complete compliance with applicable law together with timelines and deadlines for completing such actions.
If the Secretary provides notice under paragraph (4)(B), the applicant shall have a period of 2 years from the date of receipt of the notice in which to complete all requirements specified by the Secretary, including providing information needed for compliance with the National Environmental Policy Act of 1969. If the applicant completes the requirements within the period specified in subparagraph (A), the Secretary shall issue a decision on the permit not later than 10 days after the date of completion of the requirements described in subparagraph (A), unless compliance with the National Environmental Policy Act of 1969 and other applicable law has not been completed within such timeframe.
If the applicant does not complete the requirements within the period specified in subparagraph
(A)or if the applicant does not comply with applicable law, the Secretary shall deny the permit. An offshore aquaculture permit holder shall be— a citizen or permanent resident of the United States; or a corporation, partnership, or other entity that— is organized and existing under the laws of a State or the United States; and is not State-owned or majority-controlled by a State-owned enterprise. An offshore aquaculture permit shall have an initial 25-year duration, and may be renewed subject to the terms of this Act. The Secretary shall develop the duration of an offshore aquaculture permit for a project involving pilot-scale testing or farm-scale research on aquaculture science and technologies. The Secretary shall develop the duration of an offshore aquaculture permit subject to subsection (m)(1), in consultation with the Secretary of the Interior, except that the permit shall expire not later than the date that the lessee or the lessee’s operator submits, to the Secretary of the Interior, a final application for the decommissioning and removal of an existing facility upon which an offshore aquaculture facility is located. An offshore aquaculture permit holder may renew a permit for an additional 25-year period before the end of the original permit’s duration provided that the permit or amended permit complies with existing requirements. The Secretary may, pursuant to regulations issued under this Act, revoke an offshore aquaculture permit if— the permit holder fails to begin offshore aquaculture operations within 2 years from the date the required Federal permits are obtained; there is a prolonged interruption of offshore aquaculture operations, unrelated to best management practices such as fallowing, which the Secretary may consider to be prolonged no sooner than 2 years after the initial interruption; or the permit holder repeatedly violates the conditions of the aquaculture permit and the Secretary determines that such violations are severe enough to warrant discontinuation of operations. Not later than 1 year after the expiration or termination of an offshore aquaculture permit, a permit holder shall— remove all structures, gear, and other property from the site; and take such other measures to restore the site, as the Secretary considers necessary. If the Secretary determines that an emergency exists that poses a significant risk to the safety of humans, to the marine environment, to cultured species, to a marine species, or to the security of the United States and that requires suspension, modification, or revocation of an offshore aquaculture permit, the Secretary may suspend, modify, or revoke the permit for such time as the Secretary determines is necessary to address the emergency. The Secretary shall afford the permit holder a prompt post-suspension, post-modification, or post-revocation opportunity to be heard regarding the suspension, modification, or revocation. The Secretary may establish, by regulation, application fees and annual permit fees. The fees shall be deposited as offsetting collections in the Operations, Research, and Facilities account. Fees may be collected and made available to the extent provided in advance in appropriation Acts. Such fees shall be set as an amount such that the total revenue from such fees does not exceed the amount required to cover the costs of management, data collection, analysis, inspection, and enforcement activities related to permits under this section. The Secretary may waive, in whole or in part, any fee under this section if an offshore aquaculture facility is used primarily for research. The Secretary shall require a permit holder to post a bond or other form of financial guarantee in an amount determined by the Secretary, to be reasonable and commensurate with the aquaculture operation and as sufficient to cover, without duplication— any unpaid fees; the cost of removing an offshore aquaculture facility at the expiration or termination of an offshore aquaculture permit; and the cost of site remediation for impacts arising from authorized activities. Beginning on the effective date of the final regulations promulgated under section 5(c)(1), the conduct of offshore aquaculture that is in accordance with an offshore aquaculture permit issued under this Act shall not be considered fishing for purposes of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.). An offshore aquaculture permit issued under this Act shall not supersede or substitute for any other authorization required under Federal or State laws (including regulations). The Secretary shall notify the Secretary of the Interior for each application for an offshore aquaculture permit that is located on the outer continental shelf. An offshore aquaculture facility may not be located on a lease, right-of-use and easement, or right of way authorized or permitted under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.) without the prior consent of any lessee and other owner of operating interest. The Secretary of the Interior shall review and approve each agreement between a prospective offshore aquaculture operator and a lessee. The Secretary of the Interior shall ensure that the agreement is consistent with the Federal lease terms, Department of the Interior regulations, and the Secretary of the Interior’s role in the protection of the marine environment, property, and human life or health. An agreement under this subsection shall— be part of the information reviewed under the Coastal Zone Management Act review process under paragraph (4); and not be subject to a separate Coastal Zone Management Act review. 307(c)(3)(A) of the Coastal Zone Management Act of 1972 A coastal State’s review under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq.) shall include any modification or change to a lessee’s approved plan that results from, or is necessary for, the issuance of an offshore aquaculture permit if the State simultaneously receives— the information related to the modification or change; and the offshore aquaculture permit applicant’s consistency certification. If the coastal State simultaneously receives the information related to a modification or change to a lessee’s approved plan and the offshore aquaculture permit applicant’s consistency certification, then— a lessee shall not be required to submit a separate consistency certification for the modification or change under section 307(c)(3)(B) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1456(c)(3)(B) ); and the coastal State’s concurrence (or presumed concurrence) or objection to the consistency certification for the offshore aquaculture permit under section 307(c)(3)(A) of such Act shall apply both— to the offshore aquaculture permit; and to any related modification or change to a lessee’s plan approved under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.). 307(c)(3)(B) of the Coastal Zone Management Act of 1972 To the extent that a coastal State is not authorized by section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1456(c)(3)(A) ) to review an offshore aquaculture permit application submitted under this Act, then a modification or change to a lessee’s approved plan shall be subject to coastal State review under section 307(c)(3)(B) of such Act if a consistency certification for the modification or change is required under applicable Federal regulations. In this paragraph, the term lessee’s approved plan includes a document for which a consistency certification is required under applicable Federal regulations, such as a change to the approved plan for decommissioning a facility. The Secretary of the Interior may, to carry out this subsection— promulgate rules and regulations as necessary and appropriate; require and enforce any additional terms or conditions that the Secretary of the Interior considers necessary to ensure the compatibility of aquaculture operations with activities for which permits, authorizations, leases, negotiated agreements, right-of-way, or right-of-use and easement were issued under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.); issue an order to an offshore aquaculture permit holder to take any action the Secretary of the Interior considers necessary to ensure safe operations on the facility, and to protect the marine environment, property, or human life or health; and enforce all requirements contained in the regulations, lease terms and conditions, and orders under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.). Failure to comply with any order issued under subparagraph (A)(iii) shall constitute a violation of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.). In promulgating the regulations required to implement this Act, the Secretary shall, to the maximum extent practicable, minimize duplication and harmonize timelines and requirements with other required Federal permits. Efforts under this subsection shall include coordinating timelines for permit application and review processes (including public notice and comment periods) and aligning information requests and reporting requirements for permit applicants and permit holders. The National Oceanic and Atmospheric Administration, through the Office of Marine Aquaculture and associated divisions, shall be responsible for coordinating any environmental analysis or environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) by serving as the lead Federal agency for a single consolidated environmental review for all applicable Federal permits for an offshore aquaculture facility or group of facilities, with input from other Federal agencies as cooperating agencies under such Act. To the extent practicable under this Act and all other applicable laws and regulations, Federal agencies with permitting requirements applicable to offshore aquaculture facilities shall coordinate all permitting activities with the Office of Marine Aquaculture. Such coordination shall include the following: Coordinating permit requirements, permit application and review procedures, and monitoring and reporting requirements, and eliminating duplicative requirements. Aligning permit application and review timelines. Participating as a cooperating agency in the preparation of any environmental analysis or environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for an offshore aquaculture facility or facilities. Contributing to the single request for public comment and the consolidated response to public comment prepared pursuant to subsection (c)(2). Unless otherwise prohibited, a Federal agency with regulatory authority for offshore aquaculture may delegate its authority to another Federal agency.
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