Sec. 101. National standards for sustainable aquaculture
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/bill/116/s/4723/is/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this Act shall be construed in derogation of applicable law, and offshore aquaculture operations shall comply with all applicable statutes, rules, and regulations. In order to ensure that implementing regulations for applicable statutes appropriately account for the unique considerations arising from offshore aquaculture, the Secretary shall comply with the following: With respect to regulations administered by the Department of Commerce or National Oceanic and Atmospheric Administration, the Secretary shall review such regulations in accordance with this subsection and update any regulations as appropriate or necessary.
With respect to Federal regulations not administered by the Department of Commerce or National Oceanic and Atmospheric Administration, the Secretary shall confer with appropriate officials to review such regulations in accordance with this subsection. After such review, the Agency that administers the regulations may, as appropriate or necessary, update such regulations. Any designation and establishment of an aquaculture opportunity area, any aquaculture management plan prepared, any regulation promulgated, and any permit granted, pursuant to this Act, shall— encourage development of United States offshore aquaculture while remaining consistent with environmental requirements established by law; be based on the best scientific information available, taking into account traditional knowledge; be adaptive to offshore aquaculture development, accounting for updates in technology and changes in environmental conditions; prefer species that are native or historically naturalized to the region; and prioritize the health of cultured species.
The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of aquaculture management plans, and regulations promulgated and permits granted pursuant to this title. The Secretary shall periodically review the advisory guidelines established under subsection (c), as needed, but not less often than once every 5 years, to determine whether changed circumstances, advances in science, or improved management practices warrant an amendment or update to the guidelines.