Sec. 102. National plan to identify and designate aquaculture opportunity areas
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Nothing in this section shall be construed in derogation of applicable law in effect on the date of enactment of this Act regulating or restricting the use of the exclusive economic zone, and the Secretary shall comply with all such applicable law when proposing, designating, and operating an aquaculture opportunity area under this section. 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. Not later than 180 days after the date of enactment of this Act, the Secretary shall, consistent with this section, develop a plan and timeline to systematically— assess the exclusive economic zone; prepare an inventory of sites suitable for aquaculture opportunity areas; and designate aquaculture opportunity areas. The Secretary may designate an aquaculture opportunity area prior to completion of the entire inventory under paragraph (1)(B) for locations where the Secretary has completed the assessment under paragraph (1)(A) and developed an aquaculture management plan as required under subsection (f)(1).
The Secretary shall conduct the assessment and prepare the inventory described in subsection
(b)using relevant scientific, social, and economic data, and engagement with aquaculture stakeholders and the public as provided in subsection (e). In conducting the assessment, the Secretary may consider a cluster of locations in close proximity with similar conditions as a single inventory item, provided that each of the locations meets the criteria established in this section. Based on the factors listed in subsection
(d)and the national standards in section 101, the Secretary shall make a determination based on the totality of the circumstances whether a site under consideration is suitable for sustainable offshore aquaculture. If the Secretary determines that a site is suitable, then the site shall be listed in the inventory, along with— a description of the site, including its coordinates and a map; a thorough evaluation of each factor described in subsection (d), and the Secretary’s findings regarding each of those factors; and an analysis of how these findings justify the Secretary’s determination that the site is suitable for sustainable offshore aquaculture. In order to conduct the assessment in subsection (c), the Secretary shall consider the following factors: The oceanographic characteristics of the site. The bathymetry and availability of areas for anchors, moorings, and other gear. Current and possible future human uses of the site, and the areas in reasonable proximity to the site. Current and possible future conservation uses of the site, and the areas in reasonable proximity to the site. Potential impacts to wild fisheries from the escape of cultured species, or from cultured species becoming invasive or hybridizing with wild stocks within the region. Potential benefits from multi-trophic aquaculture, where cultured species provide ecosystem services to one another. Availability of shore-side fishery infrastructure and other land-based support facilities to support offshore aquaculture operations. Expected socioeconomic impacts from operations on adjacent coastal communities. Other factors that the Secretary determines are appropriate. In conducting the assessment and inventory under subsection (c), the Secretary shall conduct engagement with aquaculture stakeholders and the public as follows: The Secretary shall conduct public meetings to inform interested aquaculture stakeholders about the intent to include a site in the inventory, share information about the process, and solicit public feedback, including written comments. In addition to public meetings, the Secretary may, consistent with the Federal Advisory Committee Act (5 U.S.C. App.), convene workshops of particular aquaculture stakeholders or aquaculture stakeholder groups to provide insight, information, and comments to support the assessment and inventory process. The Secretary shall consult with States, federally recognized Indian Tribes, and territories adjacent to or within 100 miles of a site under consideration for the inventory. Such States, federally recognized Indian Tribes, and territories may submit comments to the Secretary, and the Secretary shall consider such comments in the assessment and inventory process. In order to designate and establish an aquaculture opportunity area, the Secretary shall select a site from the inventory prepared under subsection (c), and develop an aquaculture management plan under section 201. In the event that the Secretary determines the site is not viable during the development of the aquaculture management plan, the Secretary may abandon consideration of the site, and revise the inventory accordingly. The Governor of any coastal State or territory, or a Tribal government in a fisheries management region under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ), may submit a request in writing to the Secretary to petition for locating an aquaculture opportunity area, or a group of aquaculture opportunity areas, in reasonable proximity to the location of the requesting State, territory, or Tribal government. The Secretary shall evaluate the petition and may designate an aquaculture opportunity area or group of aquaculture opportunity areas as provided in this section. The Secretary shall initially establish at least 2 aquaculture opportunity areas from the inventory developed under subsection
(b)not later than 1 year after the date of enactment of this Act. Each year thereafter, the Secretary shall establish not less than 1 additional aquaculture opportunity area from the inventory until all sites from the inventory have been considered. The Secretary may adjust the dimensions of an established aquaculture opportunity area as necessary, while accounting for impacts to operating aquaculture facilities, the state of science, the cost-benefit ratio of the adjustment, and comments from aquaculture stakeholders and the general public. In order to test the viability of sustainable offshore aquaculture in a site listed on the inventory, the Secretary may support demonstration projects in an inventory site to assist in developing the required contents for an aquaculture management plan. Such demonstration projects shall be carried out in a manner that is consistent with the national standards in section 101. Demonstration projects may include multidisciplinary research to revive and adapt traditional aquaculture systems, such as open sea ponds, to support the needs of modern communities. Not later than 18 months after the date of enactment of this Act, the Secretary shall conduct a study of the feasibility of allowing States to petition for aquaculture opportunity areas in their waters. The study shall include information and analysis on the benefits of aquaculture opportunity areas in State waters and identify barriers to implementation. The Secretary may promulgate regulations governing the process for implementing this section. To support the implementation of this section, the National Oceanic and Atmospheric Administration shall collect and curate spatial data relevant to aquaculture and make such data publicly available, unless otherwise restricted by law.
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Sec. 102
National plan to identify and designate aquaculture opportunity areas
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