Sec. 201 Offshore aquaculture permits
In general— After the Secretary promulgates final regulations under section 404(a), the Secretary may issue an offshore aquaculture permit if the Secretary determines that—
the proposed offshore aquaculture facility, type of aquaculture operation, and cultured species are consistent with the purposes in section 2 and the national standards for sustainable offshore aquaculture in section 101;
the applicant is able to comply with this Act and any terms and conditions prescribed under section 404(a), is financially responsible, and will operate the offshore aquaculture facility using the best practicable technology and maintain it in good working order; and
issuance of the offshore aquaculture permit is not prohibited under section 408.
Authorized activities— An offshore aquaculture permit holder shall be authorized to conduct offshore aquaculture consistent with—
this Act, including regulations promulgated to carry out this Act;
other applicable provisions of law, including regulations; and
any terms or conditions imposed by the National Oceanic and Atmospheric Administration.
Permit procedure—
Application— An applicant for an offshore aquaculture permit shall submit an application to the Secretary. The application shall specify—
the proposed location of the offshore aquaculture facility and the location of any on-shore facilities;
the type of aquaculture operations that will be conducted at all facilities described in subparagraph (A);
the cultured species, or a specified range of species, to be propagated or reared, or both, at the offshore aquaculture facility;
the ways in which the permit holder will comply with the national standards for sustainable offshore aquaculture described in section 101;
plans to respond to—
a natural disaster;
an escapement; and
disease; and
such other design, construction, and operational information as the Secretary may require to ensure the integrity of the applicant’s operations and contingency planning.
Notice— Whenever the National Oceanic and Atmospheric Administration receives an offshore aquaculture permit application, the Secretary shall—
provide notice and a copy of the application to the Governor of every State or territory in the fisheries management region under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), where the proposed offshore aquaculture facility will be sited, and if the proposed site is within 100 miles of another such fisheries management region, the Secretary shall provide the same notice to the governor of every State and territory in that region; and
provide public notice and an opportunity for public comment for each offshore aquaculture permit application.
Comments and consultation— The Secretary shall take any comments submitted by Governors and the public into consideration, and shall consult with interested parties as warranted before making a final decision on the disposition of an offshore aquaculture permit application.
Deadlines for consideration of applications for permits— Not later than 30 days after the date on which the Secretary receives an offshore aquaculture permit application, the Secretary shall—
notify the applicant that the application is complete; or
notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete.
Issuance or deferral— Not later than 90 days after the period for public comments on a completed application has concluded, the Secretary shall—
issue the permit, if the application complies with the national standards for sustainable offshore aquaculture in section 101, requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable law;
defer the decision on the permit, if the Secretary determines that the application can be improved to meet the requirements of paragraph (1), and provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued; or
deny the permit, if the Secretary determines that the application does not meet the requirements of paragraph (1), or any other applicable law, and that these issues cannot be remediated.
Extension of review— The Secretary may extend the review period for an additional 90 days if the Secretary determines that further time is needed to analyze the application. The Secretary may further extend the review period beyond the extension provided in the preceding sentence if the Secretary determines that the Department of Commerce needs more time to comply with applicable Federal law, provided that the Secretary’s determination states the specific actions the Department must undertake, together with deadlines for completing such actions.
Permit requirements—
In general— An offshore aquaculture permit holder shall be—
a citizen or permanent resident of the United States; or
a corporation, partnership, or other entity that—
is organized and existing under the laws of a State or the United States; and
is not State-owned or majority-controlled by a State-owned enterprise.
Terms and conditions— Subject to subsection (n), the Secretary shall—
prescribe the terms and conditions that apply to each offshore aquaculture permit to achieve the national standards for sustainable offshore aquaculture in section 101; and
specify in each offshore aquaculture permit the duration, size, and location of the offshore aquaculture facility.
Duration—
In general— Except as provided in paragraph (2), an offshore aquaculture permit shall have an initial 15-year duration, and may be renewed subject to the terms of this Act.
Exceptions—
Enterprise zone— A permit issued for offshore aquaculture to be conducted in an enterprise zone as provided in section 202 shall have an initial 25-year duration.
Outer continental shelf— The Secretary shall develop the duration of an offshore aquaculture permit subject to subsection (n)(1), in consultation with the Secretary of the Interior, except that the permit shall expire not later than the date that the lessee or the lessee’s operator submits, to the Secretary of the Interior, a final application for the decommissioning and removal of an existing facility upon which an offshore aquaculture facility is located.
Renewal— The Secretary may renew an offshore aquaculture permit that has not been revoked for an additional 15- or 25-year period, as provided in subsection (e), before the end of the original permit’s duration, if—
the permit or amended permit complies with existing requirements;
the permit holder has not been subject to sanctions under section 408 or committed a prohibited act under such section; and
the permit has not been modified because of emergency considerations.
Revocation— The Secretary may, pursuant to regulations issued under this Act, revoke an offshore aquaculture permit, if—
the permit holder commits a prohibited act under section 408;
the permit holder fails to begin offshore aquaculture operations within 2 years from the date the required Federal permits are obtained; or
there is an interruption of offshore aquaculture operations of at least 2 years in duration that is unrelated to best management practices or Federal disaster declaration. Such disaster declarations shall be carried out in a manner consistent with title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.).
Expiration or revocation— Not later than 1 year after the expiration or revocation of an offshore aquaculture permit, a permit holder shall—
remove all structures, gear, and other property from the offshore aquaculture facility site; and
take such other measures to restore the site, as the Secretary considers necessary.
Emergency determination— If the Secretary determines that an emergency exists that poses a significant risk to the safety of humans, to the marine environment, to cultured species, to a marine species, or to the security of the United States and that requires suspension, modification, or revocation of an offshore aquaculture permit, the Secretary may suspend, modify, or revoke the permit for such time as the Secretary determines is necessary to address the emergency. The Secretary shall afford the permit holder a prompt post-suspension, post-modification, or post-revocation opportunity to be heard regarding the suspension, modification, or revocation.
Fees—
Establishment—
In general— The Secretary may establish, by regulation, application fees and annual offshore aquaculture permit fees under this section.
Deposit and collection— The fees described in subparagraph (A) shall be deposited as offsetting collections in the operations, research, and facilities account of the National Oceanic and Atmospheric Administration. Fees may be collected and made available to the extent provided in advance in appropriation Acts.
Setting of fees— The fees described in subparagraph (A) shall—
be set as an amount such that the total revenue from such fees does not exceed the amount required to cover the costs of management, data collection, analysis, inspection, and enforcement activities related to permits under this section; and
provide adequate resources to cover the costs of the inspections required under section 302(f).
Waivers— The Secretary may waive, in whole or in part, any fee under this section if an offshore aquaculture facility is used primarily for research.
Guarantees— The Secretary shall require a permit holder to post a bond or other form of financial guarantee in an amount determined by the Secretary, to be reasonable and commensurate with the aquaculture operation and as sufficient to cover, without duplication—
any unpaid fees;
the cost of removing an offshore aquaculture facility at the expiration or revocation of an offshore aquaculture permit;
the cost of site remediation for impacts arising from activities; or
any other financial risks identified by the Secretary.
Magnuson-Stevens Fishery Conservation and Management Act— Beginning on the effective date of the final regulations promulgated under section 404, the conduct of offshore aquaculture that is in accordance with an offshore aquaculture permit issued under this section shall not be considered fishing for purposes of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
Compatibility with other uses— Each Federal agency implementing this section, person subject to this section, and coastal State seeking to review a permit application under this section shall comply with the applicable provisions of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), including regulations promulgated to carry out such Act.
Statutory construction— An offshore aquaculture permit issued under this section shall not supersede or substitute for any other authorization required under Federal or State laws.
Actions affecting the outer continental shelf—
Notification of Secretary of the Interior— The Secretary shall notify the Secretary of the Interior for each application for an offshore aquaculture permit that is located on the outer continental shelf.
Prior consent required— An offshore aquaculture facility may not be located on a lease, right-of-use and easement, or right of way authorized or permitted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) without the prior consent of any lessee and other owner of operating interest.
Compliance review— The Secretary of the Interior shall review each agreement between a prospective offshore aquaculture operator and a lessee. The Secretary of the Interior shall approve such agreement if it is consistent with the Federal lease terms, Department of the Interior regulations, and the Secretary of the Interior’s role in the protection of the marine environment, property, and human life or health. An agreement under this subsection shall—
be part of the information reviewed under paragraph (4); and
not be subject to a separate Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) review.
Coordinated Coastal Zone Management Act review—
State review—
In general— A coastal State’s review under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) shall include any modification or change to a lessee’s approved plan that results from, or is necessary for, the issuance of an offshore aquaculture permit if the State simultaneously receives—
the information related to the modification or change; and
the offshore aquaculture permit applicant’s consistency certification.
Simultaneous receipt— If the coastal State simultaneously receives the information related to a modification or change to a lessee’s approved plan and the offshore aquaculture permit applicant’s consistency certification, then—
a lessee shall not be required to submit a separate consistency certification for the modification or change under section 307(c)(3)(B) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(B)); and
the coastal State’s concurrence (or presumed concurrence) or objection to the consistency certification for the offshore aquaculture permit under section 307(c)(3)(A) of such Act shall apply both—
to the offshore aquaculture permit; and
to any related modification or change to a lessee’s plan approved under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
State review under section 307(c)(3)(b) of the Coastal Zone Management Act of 1972— To the extent that a coastal State is not authorized by section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(A)) to review an offshore aquaculture permit application submitted under this Act, then a modification or change to a lessee’s approved plan shall be subject to coastal State review under section 307(c)(3)(B) of such Act if a consistency certification for the modification or change is required under applicable Federal regulations.
Definitions— In this paragraph:
Lessee’s approved plan— The term lessee’s approved plan includes a document for which a consistency certification is required under applicable Federal regulations, such as a change to the approved plan for decommissioning a facility.
Offshore aquaculture permit applicant— The term offshore aquaculture permit applicant means an applicant for an offshore aquaculture permit under this section that—
will locate the proposed facility in an area that would require consent from the lessee as described in paragraph (2); and
is required to submit a consistency certification for its aquaculture application under section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(A)) to the coastal State.
Offshore aquaculture permit application— The term offshore aquaculture permit application means an application for an offshore aquaculture permit under this section that will locate the proposed facility in an area that would require consent from the lessee as described in paragraph (2).
Joint and several liability— For offshore aquaculture located on a facility described under this subsection, a permit holder and each party that is or was a lessee of the lease on which the facility is located during the term of the offshore aquaculture permit shall be jointly and severally liable for the removal of any construction or modification related to the offshore aquaculture operations if a bond or other form of financial guarantee under subsection (j)(3) for aquaculture operations is insufficient to cover those obligations. This paragraph shall not affect any obligation to decommission the facility under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
Additional authority—
In general— The Secretary of the Interior may, to carry out this subsection—
promulgate rules and regulations as necessary and appropriate;
require and enforce any additional terms or conditions that the Secretary of the Interior considers necessary to ensure the compatibility of aquaculture operations with activities for which permits, authorizations, leases, negotiated agreements, right-of-way, or right-of-use and easement were issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
issue an order to an offshore aquaculture permit holder to take any action the Secretary of the Interior considers necessary to ensure safe operations on the facility, and to protect the marine environment, property, or human life or health;
require and enforce any additional terms or conditions that the Secretary of the Interior considers necessary—
to protect the marine environment, property, or human life or health; and
to ensure the compatibility of aquaculture operations with activities for which permits were issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and
enforce all requirements contained in the regulations, lease terms and conditions, and orders under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
Interpretation— Failure to comply with any order issued under subparagraph (A)(iii) shall constitute a violation of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
Assurance of animal health—
In general— Nothing in this section shall affect the authority of the Secretary of Agriculture to—
carry out the Animal Health Protection Act (7 U.S.C. 8301 et seq.) with respect to cultured species in the exclusive economic zone; or
operate as the lead Federal agency for providing animal health oversight for cultured species in the exclusive economic zone.
Criteria for practicing veterinary medicine in waters outside State jurisdiction— A veterinarian may practice veterinary medicine in waters outside State jurisdiction if the veterinarian—
is licensed and in good standing to practice veterinary medicine in any State;
holds a category II veterinary accreditation from the Animal and Plant Health Inspection Service that includes completion of aquatic animal health modules of the Animal and Plant Health Inspection Service; and
has a valid veterinarian client-patient relationship with the facility in which he or she is practicing veterinary medicine.
Existing permits and applications—
In general— Beginning on the date of enactment, any new permit issued shall be in accordance with the permit authority created by this Act.
Preexisting permits— Permits in effect prior to the date of enactment shall remain in effect under the permit authority created by this Act.
Prioritization of active applications— A permit application submitted prior to the date of enactment shall be eligible for priority processing under the application authority created by this Act.