Sec. 5. Assessment program for offshore aquaculture
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Not later than 60 days after the date of enactment of this Act, the Administrator shall establish an assessment program to evaluate the following with respect to offshore aquaculture: The ability of different commercial-scale facility designs and operational methods to— survive various atmospheric and ocean conditions, including high wind speeds or high-energy ocean conditions associated with severe weather, without— allowing escapes of cultivated organisms; loss of infrastructure; or wildlife entanglement resulting from loss or damaged infrastructure; prevent adverse wildlife impacts, including entanglements of large whales, sea turtles, and other species protected under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) and the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); prevent adverse impacts on the marine environment, including impacts to habitat, water chemistry, and wildlife; and avoid adverse impacts on navigation and safety to existing ocean users due to aquaculture facilities, including requirements for operations, navigation, and transit associated with such facilities.
The ability for different technologies to provide reliable and timely data on offshore aquaculture facilities (including visual data and other relevant data types) to enable the Administrator to monitor— project compliance with the requirements of subsection (b); impacts on the marine environment; and interference with existing uses of the water body in which the project is located. The relative risks, benefits, and cost of various types of aquaculture, including different species of finfish in different geographies and under varying climactic and ecological conditions.
The development of performance standards for offshore aquaculture operations. The Administrator shall solicit and accept applications for participation in the assessment program from projects that would advance the objectives of subsection (a), including— objective analyses of data from commercial-scale and other demonstration projects existing or carried out in offshore waters of the United States or other countries within the past 15 years; or pilot projects proposed to be operated in the exclusive economic zone.
The Administrator shall publish in the Federal Register a notice summarizing each application received under this section and invite and consider public comments regarding the pilot projects proposed under those applications for their inclusion in the assessment program. The Administrator shall promulgate a mechanism for identifying and designating, with respect to each pilot project application received under paragraph (1), the nearest adjacent coastal jurisdiction or jurisdictions.
The Administrator shall provide a copy of each pilot project application to each adjacent coastal jurisdiction designated under paragraph (3). If, in the 60-day period after receiving notice of a pilot project application under paragraph (4), an adjacent coastal jurisdiction requests that the Secretary rejects such application, the Secretary shall reject such application. Not later than 1 year after the date of the enactment of this section, the Administrator shall approve not less than 1 and not more than 4 applications for aquaculture pilot projects that— cultivate species that pose minimal threat of harm to wildlife and the ecosystem in which the project is located; incorporate design and operational characteristics that minimize the risk of escape, wildlife entanglement, and adverse pollution impacts; have developed and are able to implement an escape response and infrastructure loss or damage plan that minimizes the impact of any escapes or infrastructure loss or damage on the marine environment and on other uses of the water body in which the project is located; comply with all applicable requirements of the Clean Water Act ( 33 U.S.C. 1851 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); are compatible with, and prevent or minimize displacement of, existing uses and users of the marine environment in which it is located; will conform to best practices to avoid or minimize the use of antibiotics and other pharmaceuticals and minimize the release of such pharmaceuticals into the environment; and will be conducted over a period of 5 years.
The Administrator may elect to site a project approved under this section in an Aquaculture Opportunity Area. The Administrator shall issue the appropriate permits to allow each pilot project approved under paragraph
(6)to conduct offshore aquaculture activities in the exclusive economic zone in accordance with this Act. In considering pilot project applications, the Administrator shall give priority consideration to pilot projects owned or operated by— veterans, or entities in which a veteran or veterans have a majority ownership interest; members of an environmental justice community or underserved community, or entities in which a member or members of an environmental justice community or underserved community have a majority ownership interest; entities that primarily serve or employ members of an environmental justice community or underserved community; or applicants who can demonstrate that the pilot project will directly benefit individuals who are already participating in the agricultural, wild-caught fishery, and aquaculture industries who have been negatively impacted by the COVID–19 pandemic, natural disasters, or disaster declarations. The Administrator may make an interim final rule to implement the requirements under this section. The owner or operator of each commercial-scale demonstration project or pilot project approved for inclusion in the assessment program under this section shall submit such documentation, in such time, place, and manner as the Administrator determines appropriate, including— production data; interactions with wild species, mitigation measures taken, and the result; technology and operational practices used to measure and monitor effluent, integrity of cage materials and other gear, and health of the cultivated species; environmental and ecosystem impacts; data necessary to assess the considerations described in section 4(b); information necessary for the Secretary to make a revocation or modification determination under subsection (f); owner, operator, and employee demographic data and other relevant data as determined by the Administrator for purposes of assessing the pilot project’s direct benefits to environmental justice communities and the economic and social benefits for nearby coastal communities; navigation and safety impacts to existing ocean users; and such additional information as the Administrator requires to fulfill the goals and objectives of the assessment program. The Administrator shall, upon request, provide technical assistance to owners and operators of commercial-scale demonstration projects and pilot projects to comply with the reporting requirements of this section. The Administrator shall establish an emergency reporting process for each owner or operator of an aquaculture pilot project approved under this section to immediately report suspected or known interactions between pilot project facilities or vessels and protected wild species. The Administrator may require modifications to, or terminate pilot project participation under this section, and order the removal of an offshore aquaculture facility authorized to operate under this section if— the project incurs an incident involving a death or serious personal injury, and the Administrator determines that project operator negligence was the cause or a contributing factor to such incident; operation of the project results in a violation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) or the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); the pilot project owner or operator fails to comply with all of the terms and conditions of the pilot program approval or modifications required by the Administrator under this subsection; or the Administrator determines that continued participation in the pilot program by the project would be unsafe or result in unacceptable negative impacts to the marine environment or nearby communities, or other users of the water body in which the project is located. Not later than 2 years after the date of enactment of this Act and annually thereafter for the duration of the assessment program, the Administrator shall publish, make available to the public, and submit to aquaculture stakeholders (including each adjacent coastal jurisdiction and each affected Tribal or Indigenous community, regional fishery management council, interstate fisheries commission, conservation organization, and fisheries association) a report that includes the following information: A description of each approved pilot project. In the first report, documentation supporting selection of each approved pilot project. A summary of the information reported to the Administrator under subsection
(e)for each approved pilot project. a description of the progress made toward meeting the goals described in subsection (a). Not later than 1 year after the date of the completion of the assessment program, the Administrator shall submit to the appropriate committees of Congress a report describing the results of the pilot program that includes the following information: An evaluation based on data from the assessment program of the opportunities and risks of offshore aquaculture regarding— marine ecosystems; other users of the exclusive economic zone; other ecosystems goods and services; social and economic impacts to nearby communities, including cumulative impacts and impacts on environmental justice communities, low-income communities, and communities of color; best practices to mitigate risks; and best practices to prevent disparate impacts. Any recommendations of the Administrator for amendments to statutes or regulations and the establishment of performance standards for offshore aquaculture siting and operations, that— would minimize risks posed by aquaculture operations to marine ecosystems; would enhance the safe operation of aquaculture facilities, service vessels, and associated activities; prevent displacement of existing uses and users; and are technically, operationally, and economically feasible.
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- 33 USC 1851
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Sec. 5
Assessment program for offshore aquaculture
Cite33 USC 1851
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