Sec. 103. Aquaculture outside of an aquaculture opportunity area
455 words·~2 min read·
/bill/118/hr/4013/ih/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section— the term site proponent means a nongovernmental entity that assesses a site and develops an aquaculture management plan for that site in accordance with subsection (c); and the term notice of intent means a written document that communicates the site proponent’s intention to develop an offshore aquaculture site, and includes the location, type of aquaculture, cultured species, and other information the Secretary requires. Offshore aquaculture may be conducted outside of an aquaculture opportunity area only as provided in this section.
The Secretary shall develop a process and promulgate regulations, consistent with this section, to allow a site proponent to, at its own expense— assess sites smaller than an aquaculture opportunity area for offshore aquaculture in an exclusive economic zone; develop aquaculture management plans for those sites; submit a notice of intent and application to the Secretary requesting approval to conduct aquaculture at the site; and apply for a permit under section 202. The process developed by the Secretary shall include— the process for submitting a notice of intent, publishing the notice of intent, and soliciting comments under subsection (d); the form of application to be used by the site proponent; the required contents of the application, including an analysis of the factors in section 102(d) and the items in section 201(c); a process for submitting the comments received under subsection (d), along with the disposition of each; and a timeline for the Secretary’s consideration and action on the application, which may be either to approve, deny, or request more information.
The Secretary shall require each site proponent that is assessing a site under subsection (c)(1) to submit a notice of intent before developing an aquaculture management plan or submitting an application under this section. The Secretary, acting through the National Oceanic and Atmospheric Administration, shall— publish the notice of intent, together with information on the process under subsection (c)(2); deliver the notice of intent, together with information on the process under subsection (c)(2), to— States and federally recognized Indian Tribes within 100 miles of the proposed site; and any local governments within 10 miles of the proposed site; convene meetings with aquaculture stakeholders and the public— to solicit public comment, including written comments, to be shared with the site proponent; and
(ii)including, at a minimum— at least 1 public meeting for aquaculture stakeholders; and meetings with State, local, and Tribal government representatives; and consult with interested Federal agencies. States, federally recognized Indian Tribes, and local governments described in paragraph (1)(B) may submit comments on the notice of intent to the Secretary, which shall be shared with the site proponent. Each site proponent shall include all comments received under subsection
(d)in the aquaculture management plan, along with a disposition of each.