Sec. 301. Recordkeeping, inspections, and access to information
450 words·~2 min read·
/bill/117/s/3100/is/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 at a minimum include— data regarding escape events; the prevalence of disease in the offshore aquaculture facility, including a description of veterinary services provided for treatment; a copy of any required incident or annual report required under a permit necessary for aquaculture operations under other Federal law; 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 conduct an annual inspection of offshore aquaculture facilities. The Secretary shall provide reasonable notice prior to site inspections at offshore aquaculture facilities pursuant to paragraph (1). The Secretary shall take into consideration biosecurity concerns and work with the permit holder to ensure best inspection practices to ensure safety and protect cultured species. 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. Any Federal Government official representing an agency with authority for implementing and enforcing Federal law applicable to offshore aquaculture shall have reasonable access 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, relative to their jurisdictional authority, may inspect, at reasonable times, appropriate records, files, papers, permits, processes, controls, and the offshore aquaculture facility and may test any feature of the offshore aquaculture facility, provided testing does not risk incurring damage or potentially compromise the structural integrity of the facility or the health of cultured species. 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 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 or sensitive personal information. The Secretary shall establish procedures to protect confidential business information and sensitive personal information from being disclosed.