Advancing the Quality and Understanding of American Aquaculture Act
A BILL
To establish a regulatory system for sustainable offshore aquaculture in the United States exclusive economic zone, and for other purposes.
2. Purposes
The purposes of this Act are—
to support the development of a sustainable aquaculture industry in the United States;
to develop sustainable offshore aquaculture as a tool to support sustainable marine fisheries and ecosystem-based management;
to simplify the Federal regulatory regime for sustainable offshore aquaculture and safeguard the marine environment, wild fish stocks, and our coastal communities;
to support research and technology development to further these goals;
to create new jobs, and support existing jobs within the seafood industry of the United States, including jobs for traditional fishing industry partners; and
to reduce the United States seafood trade deficit by expanding the domestic supply of seafood through domestic aquaculture.
3. Definitions
In general— In this Act:
Aquaculture— The term aquaculture has the meaning given such term in section 3 of the National Aquaculture Act of 1980 (16 U.S.C. 2803).
Aquaculture stakeholder— The term aquaculture stakeholder means owners and operators of offshore aquaculture facilities, Regional Fishery Management Councils, conservation organizations, fisheries associations, State, county, and Tribal governments, and other interested stakeholders. The term also includes other Federal agencies that have interests in aquaculture.
Coastal State— Except as otherwise specifically provided, the term coastal State has the meaning given the term coastal state in section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4)).
Broodstock— The term broodstock means individuals of any aquatic species maintained for the purpose of propagating, reestablishing, or enhancing a supply of stock to be reared for offshore aquaculture. The term includes individuals collected from the wild at any life history stage and reared in captivity.
Cultured species— The term cultured species means any aquatic species propagated from broodstock and transferred to a marine aquaculture facility or species that self-recruit in the offshore environment. The term excludes any member of the class aves, reptilia, or mammalia.
Exclusive economic zone—
In general— Unless otherwise specified by the President in the public interest in a writing published in the Federal Register, the term exclusive economic zone means a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured (except as established by a maritime boundary treaty in force or being provisionally applied by the United States or, in the absence of such a treaty, where the distance between the United States and another country is less than 400 nautical miles, a line equidistant between the United States and the other country).
Inner boundary— Without affecting any Presidential proclamation with regard to the establishment of the United States territorial sea or exclusive economic zone, the inner boundary of the exclusive economic zone is—
in the case of the coastal States, a line coterminous with the seaward boundary of each such State, as described in section 4 of the Submerged Lands Act (43 U.S.C. 1312);
in the case of the Commonwealth of Puerto Rico, a line 3 marine leagues from the coastline of the Commonwealth of Puerto Rico;
in the case of American Samoa, the United States Virgin Islands, and Guam, a line 3 geographic miles from the coastlines of American Samoa, the United States Virgin Islands, or Guam, respectively;
in the case of the Commonwealth of the Northern Mariana Islands—
the coastline of the Commonwealth of the Northern Mariana Islands, until the Commonwealth of the Northern Mariana Islands is granted authority by the United States to regulate all fishing to a line seaward of its coastline; and
upon the United States grant of such authority, the line established by such grant of authority; or
for any possession of the United States not under clause (ii), (iii), or (iv), the coastline of such possession.
Construction— Nothing in this definition may be construed to diminish the authority of the Department of Defense, the Department of the Interior, or any other Federal department or agency.
Healthy target stock— The term healthy target stock means a component of a fishery targeted for harvest that is not overfished or experiencing overfishing and that is managed to achieve a target not to exceed a level consistent with maximum sustainable yield, taking into account any relevant economic, social, or ecological factor.
Lessee— The term lessee means any party to a lease, right-of-use and easement, or right-of-way, or an approved assignment thereof, issued pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
Offshore aquaculture— The term offshore aquaculture means aquaculture conducted in the exclusive economic zone.
Offshore aquaculture facility— The term offshore aquaculture facility means—
an installation or structure used, in whole or in part, for offshore aquaculture; or
an area of the seabed, water column, or the sediment used for offshore aquaculture.
Secretary— Except as otherwise specifically provided, the term Secretary means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere.
Secretaries— The term Secretaries means the Secretary of Agriculture and the Secretary of Commerce.
Sustainably managed fishery— The term sustainably managed fishery means a fishery that is managed in such a manner to maintain healthy target stocks, to protect marine ecosystem structure, productivity, function, and diversity, and to minimize impacts to nontarget stocks.
Aquaculture defined— Section 3 of the National Aquaculture Act of 1980 (16 U.S.C. 2803) is amended by striking paragraph (1) and inserting the following:
“(1) The term aquaculture means any activity involved in the propagation, rearing, or attempted propagation or rearing, of cultured species.”