Sec. 202. Permits for demonstration projects for offshore aquaculture facilities

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After the Administrator establishes the assessment program under section 201, the Administrator shall issue permits for demonstration projects for proposed offshore aquaculture facilities in furtherance of the assessment program. To be eligible for the issuance of a permit under subsection (a), a demonstration project is required to— advance the objective described in section 201(a); cultivate only native or historically naturalized species that pose a minimal threat of harm to wildlife and the ecosystem in which the project is located; incorporate design and operational practices that minimize the risk of escape, wildlife entanglement, and adverse pollution impacts; develop 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. ); maximize compatibility with, and prevent or minimize displacement of, existing uses and users of the marine environment in the near vicinity of where 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 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 historically black college or university (as defined by the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( Public Law 103–382 ; 7 U.S.C. 301 note)); or a sea grant college (as defined in section 203 of the National Sea Grant College Program Act ( 33 U.S.C. 1122 )).

A person that holds a permit for a demonstration project issued under subsection

(a)may conduct offshore aquaculture consistent with— this Act, including regulations prescribed to carry out this Act; and other applicable provisions of law, including regulations. A person seeking a permit for a demonstration project shall submit to the Administrator an application that specifies— 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 paragraph (1); 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 offshore aquaculture operations; an analysis of the likely ecosystem impacts of such operations, such as the spread of pathogens; and the information upon which the analysis was based; plans to respond to— a natural disaster; an escape; disease; loss or damage to infrastructure; and other circumstances designated by the Administrator; and such other design, construction, and operational information as the Administrator may require to ensure the integrity of the operations and contingency planning. The Administrator shall— not later than 90 days after receiving an application under this section, publish in the Federal Register a notice summarizing the application; and invite and consider public comments, and formal objections from any Governor or Tribal leader of a specially affected coastal jurisdiction, on applications for permits under this section. In this subsection, the term specially affected coastal jurisdiction means any coastal State or Indian Tribe— the land, Tribal land, or waters of which— are adjacent to the Federal waters in which the project will be conducted; and are used, or are scheduled to be used, as a support base for the project; and for which there is a reasonable probability of significant effect on uses of land, Tribal land, or water from the project. In considering applications for permits for demonstration projects under this section, the Administrator shall give priority consideration to applications for demonstration projects— owned or operated by applicants who can demonstrate that the demonstration project will directly benefit individuals who are already participating in the agricultural, wild-caught fishery, or aquaculture industries who have been negatively impacted by the COVID–19 pandemic, natural disasters, or major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); or sited within an Aquaculture Opportunity Area identified by the Secretary of Commerce in accordance with section 7 of Executive Order 13921 ( 16 U.S.C. 1801 note; relating to promoting American seafood competitiveness and economic growth). In considering applications for permits for demonstration projects under this section, and to support the study described in section 401, the report required by section 402, and the assessment program established under section 201, the Administrator shall collect socioeconomic data associated with the owner or operator of, and communities employed or otherwise affected by, each demonstration project. Not later than 90 days after the conclusion of the period for public comments under subsection

(e)with respect to an application for a permit for a demonstration project under this section, the Administrator shall— issue the permit, if the Administrator determines the application complies with the requirements of this Act, the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and other applicable law; if the Administrator determines that the application does not comply with the requirements described in subparagraph

(A)and can be modified to comply with those requirements— defer the decision on the permit; and provide to the applicant a notice that specifies modifications to the proposed demonstration project needed for a permit to be issued; or if the Administrator determines that the application does not comply with the requirements described in subparagraph

(A)and that the application cannot be modified to comply with such requirements, deny the permit and provide a justification for the denial. An application for a permit for a demonstration project under this section shall be considered approved, as if a permit for the application had been issued under paragraph (1)(A), if— the Administrator does not take action under subparagraph (A), (B), or

(C)of paragraph

(1)within 90 days after the conclusion of the period for public comments under subsection

(e)with respect to the application; no formal objection to the application has been received from the Governor or Tribal leader of a specially affected coastal jurisdiction (as defined in subsection (e)); and the Administrator has determined that the application complies with the requirements described in paragraph (1)(A). The Administrator shall establish a process for the approval of applications under this paragraph. A permit for a demonstration project issued under this section— shall be in effect during the 10-year period beginning on the date on which the project begins in-water operations; and may be renewed as provided by subsection (k). The Administrator may renew a permit, that has not been revoked, for a demonstration project issued under this section for an additional 10-year period after the 10-year period described in subsection (i)(1) if— the owner or operator of the project submits to the Administrator a proposal for renewal of the permit by a date determined by the Administrator; and the Administrator determines that the permit, as modified by the proposal, remains in compliance with the requirements described in subsection (j)(1). The Administrator shall— publish in the Federal Register a notice summarizing each proposal received under paragraph

(1)with respect to the renewal of a permit; invite public comments for a period of not less than 60 days regarding each such proposal; and consider such comments in determining whether to approve the renewal of the permit. The Administrator may require modifications to a demonstration project for which a permit is issued under this section, terminate such a permit, or order the removal of an offshore aquaculture facility authorized to operate under such a permit, if— the project incurs an incident involving a death or serious personal injury and the Administrator determines that negligence of the project operator was the cause of or a contributing factor to the 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 permit; or modifications required by the Administrator under this subsection; or the Administrator determines that operation of the demonstration 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; and before requiring a modification to the demonstration project, terminating the permit, or ordering the removal of the offshore aquaculture facility— the Administrator provides a warning notice to the owner or operator of the project; and the owner or operator is given an opportunity to address the Administrator's concerns. The submission of an application for a permit for a demonstration project under this section shall trigger the right of review by a coastal State under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ).

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