Sec. 202. Offshore aquaculture permits
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After the Secretary promulgates final regulations under section 404(a), the Secretary may issue an offshore aquaculture permit if the Secretary determines that— the proposed offshore aquaculture facility, type of aquaculture operation, and cultured species are consistent with the purposes in section 2 and the national standards for sustainable offshore aquaculture in section 101; the proposed offshore aquaculture facility, type of aquaculture operation, and cultured species are consistent with an established aquaculture management plan, or the permit applicant has provided the Secretary with sufficient information and analysis, such as would be included in an established aquaculture management plan, to merit issuance, if the permit is intended to be located outside of an aquaculture opportunity area; the applicant is able to comply with this Act and any terms and conditions prescribed under section 404(a), is financially responsible, and will operate the offshore aquaculture facility using the best practicable technology and maintain it in good working order; and issuance of the offshore aquaculture permit is not prohibited under section 407.
An offshore aquaculture permit holder shall be authorized to conduct offshore aquaculture consistent with— this Act, including regulations promulgated to carry out this Act; other applicable provisions of law, including regulations; and any terms or conditions imposed by the National Oceanic and Atmospheric Administration. An applicant for an offshore aquaculture permit shall submit an application to the Secretary. The application shall specify— the proposed location of the offshore aquaculture facility and the location of on-shore facilities used for propagation or rearing of cultured species, such as hatcheries or research operations; the type of aquaculture operations that will be conducted at all facilities described in subparagraph (A); the cultured species, or a specified range of species, to be propagated or reared, or both, at the offshore aquaculture facility; the source of eggs, larvae, or juvenile cultured species that will be used in aquaculture operations, an analysis of the likely impacts on wild populations and habitats, such as prevention of the spread of pathogens, and the information upon which the assessment was made; plans to respond to— a natural disaster; an escapement; disease; and other circumstances designate by the Secretary; and such other design, construction, and operational information as the Secretary may require to ensure the integrity of the applicant’s operations and contingency planning.
Whenever the National Oceanic and Atmospheric Administration receives an offshore aquaculture permit application, the Secretary shall— provide notice and a copy of the application to the Governor of every State or territory adjacent to or within 100 miles of the proposed site and to the federally recognized Indian Tribes within those States; and provide public notice and an opportunity for public comment for a period of not less than 60 days for each offshore aquaculture permit application.
The Secretary shall take any comments submitted by Governors and the public into consideration, and shall consult with interested aquaculture stakeholders as warranted before making a final decision on the disposition of an offshore aquaculture permit application. Not later than 30 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 90 days after the period for public comments on a completed application has concluded, the Secretary shall— issue the permit, if the application complies with the provisions of this Act, including the national standards for sustainable offshore aquaculture in section 101, requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and other applicable law; defer the decision on the permit, if the Secretary determines that the application can be improved to meet the requirements of paragraph (1), and provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued; or deny the permit, providing a justification for the Secretary's determination that the application does not meet the requirements of paragraph (1), or any other applicable law, and that these issues cannot be remediated.
The Secretary may extend the review period for an additional 90 days if the Secretary determines that further time is needed to analyze the application. 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 law, provided that the Secretary’s determination states the specific actions the Department must undertake, together with deadlines for completing such actions.
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 the United States or a U.S. State; and is not owned by a foreign nation or majority-controlled by a foreign nation. Subject to subsection (n), the Secretary shall— prescribe the terms and conditions that apply to each offshore aquaculture permit to achieve the national standards for sustainable offshore aquaculture in section 101, and an applicable aquaculture management plan and implementing regulations developed under section 201; and specify in each offshore aquaculture permit the duration, size, and location of the offshore aquaculture facility.
Offshore aquaculture permits are subject to this Act, regulations promulgated pursuant thereto, and other statutes and regulations in existence upon the effective date of the permit. When promulgating regulations, the Secretary shall indicate whether and to what extent the regulations apply to existing offshore aquaculture permits. Except as provided in paragraph (2), an offshore aquaculture permit shall have an initial 15-year duration, and may be renewed subject to the terms of this Act.
A permit issued for offshore aquaculture to be conducted in an aquaculture opportunity area as provided in section 102 shall have an initial 25-year duration. The Secretary shall develop the duration of an offshore aquaculture permit subject to subsection (o)(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.
A permit may be transferred as provided under this subsection, provided that the permit is still valid, and has not been amended due to emergency circumstances. To propose a transfer, a permittee shall submit an application to the Secretary, and the Secretary shall review and make a determination of whether to approve, deny, or request additional information not later than 60 days after the date of receipt of the application. The application shall include— notice to the Secretary of the intention to transfer; the reason for the transfer; the identity of the transferee, and whether the transferee holds, has held, or is applying for a permit under this Act; the transferee’s assumption of responsibility, coverage, and liability for activities performed under the permit, as of the effective date of the transfer; and any additional information requested by the Secretary.
The Secretary may renew an offshore aquaculture permit that has not been revoked for an additional 15-year period, as provided in subsection (e), before the end of the original permit’s duration, if— the permit or amended permit complies with existing requirements; the permit holder has not been subject to sanctions under section 408 or committed a prohibited act under such section; the permit has not been modified because of emergency considerations; and notice under subsection (c)(2) has been given.
The Secretary may, pursuant to regulations issued under this Act, revoke an offshore aquaculture permit, if— the permit holder commits a prohibited act under section 407; the permit holder fails to begin offshore aquaculture operations within 2 years from the date the required Federal permits are obtained; or there is an interruption of offshore aquaculture operations of at least 2 years in duration that is unrelated to best management practices. Not later than 1 year after the expiration or revocation of an offshore aquaculture permit, a permit holder shall— remove all structures, gear, and other property from the offshore aquaculture facility 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, 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 offshore aquaculture permit fees under this section. The fees described in subparagraph
(A)shall be deposited as offsetting collections in the operations, research, and facilities account of the National Oceanic and Atmospheric Administration. Fees may be collected and made available to the extent provided in advance in appropriation Acts. The fees described in subparagraph
(A)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, annual 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 offshore aquaculture operation and as sufficient to cover, without duplication— any unpaid fees; the cost of removing an offshore aquaculture facility at the expiration or revocation of an offshore aquaculture permit; or the cost of site remediation for impacts arising from authorized activities. Beginning on the effective date of the final regulations promulgated under section 404, 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 ( 16 U.S.C. 1801 et seq. ), but shall be considered a fishery under section 3 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1362 ). Each Federal agency implementing this section, person subject to this section, 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 1972 ( 16 U.S.C. 1451 et seq. ), including regulations promulgated to carry out such Act. An offshore aquaculture permit issued under this section shall not supersede or substitute for any other authorization required under Federal or State laws. 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 each agreement between a prospective offshore aquaculture operator and a lessee. The Secretary of the Interior shall approve such agreement if it is consistent with the Federal lease terms, the 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 paragraph (4); and not be subject to a separate Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) review. 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. ). 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 term offshore aquaculture permit applicant means an applicant 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 (2); and is required to submit a consistency certification for its offshore aquaculture application under section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1456(c)(3)(A) ) to the coastal State. 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 (2). For offshore aquaculture located on a facility described under this subsection, 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 (j)(3) for aquaculture operations is insufficient to cover those obligations. This paragraph shall not affect any obligation to decommission the facility under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). 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; require and enforce any additional terms or conditions that the Secretary of the Interior considers necessary— to protect the marine environment, property, or human life or health; and to ensure the compatibility of aquaculture operations with activities for which permits were issued under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ); 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. ). Nothing in this section shall affect the authority of the Secretary of Agriculture to— carry out the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. ) with respect to cultured species in the exclusive economic zone; or operate as the lead Federal agency for providing animal health oversight for cultured species in the exclusive economic zone, including animal health and disease risk assessments. As part of an application for a permit for offshore aquaculture or as part of an aquaculture management plan established in section 201, the Secretary of Agriculture may approve contingency plans, along with standards for such plans, for events relating to situations affecting the health of cultured species. A veterinarian may practice veterinary medicine in waters outside State jurisdiction if the veterinarian— is licensed and in good standing to practice veterinary medicine in any State; holds a category II veterinary accreditation from the Animal and Plant Health Inspection Service; and has a valid veterinarian client-patient relationship with the facility in which the individual is practicing veterinary medicine. 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 Act.
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Sec. 202
Offshore aquaculture permits
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