Sec. 302. Recordkeeping and access to information
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The Secretary, after consultation with other interested Federal departments and agencies, shall prescribe by regulation— the records that an offshore aquaculture permit holder is required to establish and maintain; the reports that an offshore aquaculture permit holder is required to make; the information that an offshore aquaculture permit holder is required to provide, which shall include— data regarding escape events; the prevalence of disease in the offshore aquaculture facility, including a description of veterinary services provided for treatment; and other information, as the Secretary may require; and any other recordkeeping that an offshore aquaculture permit holder is required to satisfy, as necessary to carry out this Act.
The regulations under subsection
(a)may not amend, contradict, or duplicate regulations under any other Federal law. An offshore aquaculture permit holder shall— comply with the recordkeeping regulations under subsection (a); and submit such reports, and make such records and information available as the Secretary may request. The Secretary shall make reports and other information received under this Act available to the public unless the Secretary determines it is necessary to withhold disclosure to protect confidential business information and sensitive personal information. The Secretary shall establish procedures to protect confidential business information and sensitive personal information from being disclosed. Any Federal Government official with an official responsibility for implementing and enforcing Federal law applicable to maritime fishing, shipping, or conservation, shall have reasonable access, at all times, 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 responsibilities. Such an official may inspect, at reasonable times, records, files, papers, permits, processes, controls, and the offshore aquaculture facility and may test any feature of the offshore aquaculture facility. Each inspection shall be conducted with reasonable promptness. The permit holder shall receive timely notification, in writing, of the results of the inspection. The Secretary shall conduct— an annual inspection of offshore aquaculture facilities for which a permit is issued under this Act for the first 5 years after issuance of the permit; and a biennial inspection of such facilities thereafter. The Secretary shall provide reasonable notice prior to site inspections at offshore aquaculture facilities pursuant to paragraph (1). The Secretary of the Interior, or a designee of such Secretary, is authorized with inspection authority under this section for offshore aquaculture facilities located on the outer continental shelf.