Sec. 4. Assessment program for offshore aquaculture

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Not earlier than 180 days after the date on which the Administrator enters into a contract under section 3(a) and not later than 2 years after such date, the Administrator shall establish an assessment program (in this section referred to as the 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; loss of infrastructure; or wildlife entanglement resulting from loss or damaged infrastructure; to 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. ); to prevent adverse impacts on the marine environment, including impacts to habitat, water chemistry, and wildlife; and to avoid adverse impacts on navigation and safety to existing ocean users due to offshore aquaculture facilities, including requirements for operations, navigation, and transit associated with such facilities.

The ability of different technologies to provide reliable and timely data on offshore aquaculture facilities, including visual data and other relevant data types, on a regular basis to enable the Administrator to monitor— the compliance of projects with the requirements under subsection (b)(4)(5); 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 offshore 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 inclusion in the assessment program from owners and operators of offshore aquaculture demonstration projects, including commercial-scale demonstration projects, that— would advance the objectives described in subsection

(a)and involve objective analyses of data; and are operating on the date on which the application is submitted, were operated in offshore waters of the United States or other countries at any time during the 15-year period preceding the date on which the application is submitted (including such projects that are ongoing as of such date), or are proposed to be operated. The Administrator shall— publish in the Federal Register a notice summarizing each application received under this subsection; and invite public comments regarding the projects proposed in those applications for inclusion in the assessment program. The Administrator shall establish a mechanism for identifying and designating, with respect to each application for a demonstration project received under this subsection, the specially affected adjacent coastal jurisdiction or jurisdictions. For each application for a demonstration project received under this subsection, the Administrator shall provide a copy of the application to the Governor or executive of the State or Tribal government of each specially affected adjacent coastal jurisdiction designated with respect to the application under subparagraph (A). If, during the 60-day period beginning on the date on which a specially affected adjacent coastal jurisdiction receives notice of an application under subparagraph (B), the Governor or executive of the State or Tribal government of the jurisdiction requests that the Administrator reject the application, the Administrator shall reject the application. The Administrator may approve not more than 4 applications for demonstration projects under this subsection for inclusion in the assessment program. Each demonstration project approved for inclusion in the assessment program— shall— cultivate only native species that pose a 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 be 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 Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); 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. ); be compatible with, and prevent or minimize displacement of, existing uses and users of the marine environment in which the project is located; 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 except as provided in clause (ii), be conducted over a period of 5 years; and shall not— cultivate or otherwise use salmon, including king, chinook, coho, chum, sockeye, pink, masu, amago, or Atlantic salmon, even if such salmon is considered a native species; or be sited in any area designated by the National Marine Fisheries Service as critical habitat for endangered or critically endangered wildlife. As the Administrator determines appropriate, a demonstration project approved for inclusion in the assessment program may be conducted for a period exceeding 5 years. In order to be considered for an extension under this clause, the owner or operator of a demonstration project shall submit to the Administrator a proposal explaining the need for the extension. The Administrator shall— publish in the Federal Register a notice summarizing each proposal received under subclause (II); invite public comments regarding each such proposal; and consider such comments in determining whether to authorize any extension for a demonstration project under this clause. Any new demonstration project approved for inclusion in the assessment program shall— be designed and managed in partnership with— a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )); or a sea grant college (as defined in section 203 of the National Sea Grant College Program Act ( 33 U.S.C. 1122 )); and consult and coordinate with the relevant Regional Fishery Management Council. In considering applications for demonstration projects under this section, the Administrator shall give priority consideration to demonstration projects owned or operated by— veterans, or entities in which a veteran or veterans have a majority ownership interest; members of a community with environmental justice concerns or underserved community, or entities in which a member or members of a community with environmental justice concerns or underserved community have a majority ownership interest; entities that primarily serve or employ members of a community with environmental justice concerns or underserved community; or applicants who can demonstrate that the demonstration project will directly benefit individuals who are already participating in the agricultural, wild-caught fishery, or offshore aquaculture industries who have been negatively impacted by the COVID–19 pandemic, natural disasters, or disaster declarations. In considering applications for demonstration projects under this section, the Administrator shall consider and weigh the public comments received pursuant to paragraph (2)(B). The Administrator may elect to site a demonstration project approved for inclusion in the assessment program in an Aquaculture Opportunity Area identified by the Secretary of Commerce in accordance with section 7 of Executive Order 13921 ( 16 U.S.C. 1801 ; relating to promoting American seafood competitiveness and economic growth). The owner or operator of each demonstration project approved for inclusion in the assessment program shall obtain all necessary and relevant permits issued by Federal agencies to conduct activities under the project. After the owner or operator of a demonstration project obtains the permits described in paragraph (1), the Administrator shall issue the appropriate permits to allow the project to conduct offshore aquaculture activities in accordance with this Act. The owner or operator of each demonstration project approved for inclusion in the assessment program shall submit such information, at such time, in such place, and in such manner as the Administrator determines appropriate, including the following: Production data. Information on interactions with wild species, mitigation measures taken, and the results of such interactions and measures. Information on technology and operational practices used to measure and monitor— effluent; integrity of cage materials and other gear; and health of the cultivated species. Information on environmental and ecosystem impacts. Data necessary for the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to complete the study required by section 3. Information necessary for the Administrator to exercise the authority of the Administrator under subsection (f). Owner, operator, and employee demographic data and other relevant data as determined by the Administrator for purposes of assessing— the direct benefits of the project to communities with environmental justice concerns; and the economic and social benefits for nearby coastal communities. Information on navigation and safety impacts to existing ocean users. 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 demonstration projects approved for inclusion in the assessment program to comply with the reporting requirements of this subsection. The Administrator shall establish an emergency reporting process for each owner or operator of a demonstration project approved for inclusion in the assessment program to immediately report suspected or known interactions between project facilities or vessels and protected wild species. The Administrator may require modifications to a demonstration project approved for inclusion in the assessment program, terminate the participation of such a project in such program, 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 owner or operator of the project fails to comply with all of the terms and conditions of— the approval of the project; or modifications required by the Administrator under this subsection; or the Administrator determines that continued participation in the assessment program by the project would be unsafe or result in unacceptable negative impacts to— the marine environment; nearby communities; or other users of the water body in which the project is located. The Administrator may issue an interim final rule to implement the requirements under this section. Not later than 2 years after the date on which the Administrator establishes the assessment program, and annually thereafter for the duration of the assessment program, the Administrator shall publish, make available to the public, and submit to offshore aquaculture stakeholders a report that includes the following: A description of each project approved for inclusion in the assessment program. In the first report, documentation supporting selection of each such project. A summary of the information submitted to the Administrator under subsection

(e)for each such project. A description of the progress made toward meeting the objectives described in subsection (a). In this paragraph, the term offshore aquaculture stakeholders includes— each specially affected adjacent coastal jurisdiction; and each affected— Tribal or Indigenous community; regional fishery management council; interstate fisheries commission; conservation organization; and fisheries association. 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 assessment program. The report required by subparagraph

(A)shall include the following: 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 communities with environmental justice concerns, low-income communities, and communities of color; best practices to mitigate risks; and best practices to prevent disparate impacts. Such recommendations as the Administrator may have for legislative or administrative action and the establishment of performance standards for offshore aquaculture siting and operations that— would minimize risks posed by offshore aquaculture operations to marine ecosystems; would enhance the safe operation of offshore aquaculture facilities, service vessels, and associated activities; would prevent displacement of existing uses and users; and are technically, operationally, and economically feasible.

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