July 21, 2026
Mr. Ezell (for himself, Mr. Panetta, Mr. Schmidt, Mr. Case, Ms. Tokuda, and Ms. Pingree) introduced the following bill; which was referred to the Committee on Natural Resources
To require the Administrator of the National Oceanic and Atmospheric Administration to establish an assessment program for commercial-scale offshore aquaculture through demonstration projects, to support aquaculture development, and for other purposes.
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Marine Aquaculture Research for America Act of 2026
or the MARA Act of 2026
.
(b) Table of contents
The table of contents for this Act is as follows:
Sec. 2. Purposes
The purposes of this Act are—
(1)
to authorize the National Oceanic and Atmospheric Administration to establish and study commercial-scale demonstration projects to answer scientific questions needed to safely and sustainably regulate offshore aquaculture in the United States;
(2)
to commission a study and report to assess the environmental and regulatory viability of a United States offshore aquaculture industry;
(3)
to support aquaculture workforce development and working waterfronts by creating new jobs and to support existing jobs and businesses within the seafood industry of the United States, including jobs and businesses for traditional participants in the fishing industry;
(4)
to reduce the United States seafood trade deficit by expanding the domestic supply of seafood through the production of sustainable offshore aquaculture; and
(5)
to support the development of offshore aquaculture in a manner that minimizes conflicts with existing recreational and commercial fishing access and uses.
Sec. 3. Definitions
In this Act:
(1) Administration
The term Administration means the National Oceanic and Atmospheric Administration.
(2) Administrator
The term Administrator means the Administrator of the Administration.
(3) Appropriate committees of Congress
The term appropriate committees of Congress means—
(A)
the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
(B)
the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Transportation and Infrastructure of the House of Representatives.
(4) Aquaculture
The term aquaculture—
(A)
means any activity involved in the propagation, rearing, or attempted propagation or rearing, of cultured species, including the capture of wild individuals for rearing as broodstock; and
(B)
does not include the practice of—
(i)
capturing juvenile finfish to rear to maturity in an aquaculture facility for subsequent commercial sale, commonly referred to as ranching; or
(ii)
rearing and releasing cultured species for the purpose of enhancing wild populations.
(5) Aquaculture stakeholder
The term aquaculture stakeholder means—
(A)
an owner or operator of an offshore aquaculture facility or a land or coastal-based facility supporting offshore operation, including hatcheries and nurseries;
(B)
a Regional Fishery Management Council established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a));
(C)
an interstate fisheries commission;
(D)
a conservation organization;
(E)
a fisheries association;
(F)
a State or county government;
(G)
an Indian Tribe;
(H)
a Native Hawaiian organization;
(I)
a Native Hawaiian community;
(J)
a Tribal or Indigenous community;
(K)
a Federal or State agency with interests in aquaculture; or
(L)
any other interested party.
(6) Coastal State
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)).
(7) Cultured species
The term cultured species—
(A)
means any species propagated and reared for marine aquaculture;
(B)
includes marine shellfish species intended for propagation that self-recruit to aquaculture structures in the offshore environment; and
(C)
excludes any member of the class Aves, Reptilia, or Mammalia.
(8) Escape
The term escape means the escape of juvenile- or adult-farmed organisms or fertilized eggs spawned by cultured species from offshore aquaculture facilities or land or coastal-based hatcheries, nurseries, or associated facilities.
(9) Exclusive economic zone
(A) 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—
(i)
except as provided by clause (ii), is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured; or
(ii)
(I)
if an applicable maritime boundary treaty is in force or is being provisionally applied by the United States, is established by that treaty; or
(II)
in the absence of such a treaty and in a case in which the distance between the United States and another country is less than 400 nautical miles, is a line equidistant between the United States and the other country.
(B) 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—
(i)
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);
(ii)
in the case of the Commonwealth of Puerto Rico, a line 9 nautical miles from the coastline of the Commonwealth of Puerto Rico;
(iii)
in the case of American Samoa, the United States Virgin Islands, or Guam, a line 3 geographic miles from the coastlines of American Samoa, the United States Virgin Islands, or Guam, respectively; or
(iv)
in the case of the Commonwealth of the Northern Mariana Islands—
(I)
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
(II)
upon the United States grant of such authority, the line established by such grant of authority.
(C) Rule of construction
Nothing in this paragraph may be construed to diminish the authority of the Department of Defense, the Department of the Interior, or any other Federal agency.
(10) Fishery stakeholders
The term fishery stakeholders means—
(A)
subsistence fishery participants and their dependents;
(B)
commercial fishermen;
(C)
seafood processing and distribution workers;
(D)
recreational fishery participants;
(E)
Tribal fisheries; and
(F)
territorial fishing communities, including such communities in Hawaii, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands.
(11) Genetically modified organism; genetically modified
The terms genetically modified organism and genetically modified mean any organism whose genetic material (DNA) has been altered using technology in a way that does not occur naturally by conventional breeding or natural processes and results in permanent, heritable changes, with the exception of sterilization.
(12) Indian Tribe
The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(13) Institution of higher education
The term institution of higher education has the meaning given that term in section 201 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(14) Native Hawaiian community
The term Native Hawaiian community means the distinct Native Hawaiian indigenous political community that Congress, exercising its plenary power over Native American affairs, has recognized and with which Congress has implemented a special political and trust relationship.
(15) Native Hawaiian organization
The term Native Hawaiian organization has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) and includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
(16) National sea grant college program
The term national sea grant college program means the program maintained under section 204(a) of the National Sea Grant College Program Act (33 U.S.C. 1123(a)).
(17) Offshore aquaculture
The term offshore aquaculture means aquaculture conducted in the exclusive economic zone.
(18) Offshore aquaculture facility
The term offshore aquaculture facility means—
(A)
an installation or structure used, in whole or in part, for offshore aquaculture; or
(B)
an area of the seabed or water column used for offshore aquaculture.
(19) State
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States.
(20) Tribal land
The term Tribal land means land that is subject to the jurisdiction of an Indian Tribe.
(21) Tribal or Indigenous community
The term Tribal or Indigenous community means a population of people who are—
(A)
enrolled members of an Indian Tribe;
(B)
members of an Alaska Native or Native Hawaiian community or organization; or
(C)
members of any other community of Indigenous people located in a State.
Title I Office of Aquaculture
Sec. 101. Office of Aquaculture
(a) Establishment
There is established within the headquarters of the National Marine Fisheries Service of the Administration the Office of Aquaculture (in this section referred to as the Office
).
(b) Resources
The Administrator shall ensure the Office is provided with sufficient resources to carry out the duties of the Office under subsection (d), subject to available appropriations.
(c) Representation at regional fisheries offices
(1) In general
The Administrator shall provide for representation of the Office in each of the regional fisheries offices of the Administration.
(2) Minimum presence
In carrying out paragraph (1), the Administrator—
(A)
shall provide for the placement of at least one regional aquaculture coordinator from the Office in each regional fisheries office;
(B)
shall otherwise ensure that the representation of the Office at a regional fisheries office is, at a minimum, sufficient to permit the Office to fulfill the duties of the Office under subsection (d); and
(C)
may increase that representation to the extent warranted by the activity and interest of aquaculture stakeholders in the region.
(d) Duties
The Office shall—
(1)
coordinate the implementation of this Act, including administration of—
(A)
the offshore aquaculture assessment program established under section 201; and
(B)
the issuance of permits under section 202;
(2)
coordinate regulatory, scientific, outreach, and international issues related to aquaculture within the Administration;
(3)
collaborate with and leverage existing efforts by the Administrator—
(A)
to conduct outreach, education, extension services, and training efforts for aquaculture and offshore aquaculture; and
(B)
to engage with aquaculture stakeholders and, periodically, convene conferences or workshops for aquaculture stakeholders to exchange information and ideas;
(4)
develop recommendations for best management practices for offshore aquaculture operations that, at a minimum—
(A)
encourage development of offshore aquaculture in a manner that complies with environmental law;
(B)
are based on the best scientific information available;
(C)
take into account traditional knowledge of Tribal and Indigenous communities as appropriate to the region;
(D)
are adaptive to offshore aquaculture developments, such as updates in technology and different environmental conditions;
(E)
prefer species that are native or historically naturalized to the region;
(F)
evaluate and, where appropriate, incorporate practices that reduce reliance on wild-caught marine forage in aquaculture feeds, consistent with best available science and the availability of sustainable alternatives; and
(G)
prioritize the health of cultured species;
(5)
coordinate and conduct additional research to support the development of sustainable offshore aquaculture;
(6)
administer support for industry under section 301;
(7)
administer the contract to conduct the study described in section 401; and
(8)
coordinate the engagement of the Administration with the Comptroller General of the United States as the Comptroller General prepares the report required by section 402.
(e) Agreements with States
(1) In general
Upon request of the Governor of a coastal State, the Administrator may enter into an agreement with the State to allow the State, and aquaculture stakeholders in the State as appropriate, to participate in activities authorized under sections 201 and 203 and titles III and IV with respect to aquaculture operations located in State waters that—
(A)
are directly exposed to open ocean conditions; and
(B)
possess oceanographic or bathymetric characteristics substantially similar to offshore waters of the exclusive economic zone.
(2) Limitation
An agreement entered into under this subsection shall not be construed to subject aquaculture operations in State waters to permitting or regulatory requirements applicable exclusively to offshore aquaculture in the exclusive economic zone, unless expressly provided in such agreement and authorized under applicable State law.
(3) Rule of construction
Nothing in this subsection or in any agreement entered into under this subsection shall be construed to displace, supersede, or diminish the authority of a coastal State to regulate aquaculture within its waters or the authority of the Administrator under otherwise applicable law.
(f) Budget request
The Administrator shall include, in the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year pursuant to section 1105 of title 31, United States Code, a request for funding for the Office as a separate line item with the National Marine Fisheries Service.
Title II Commercial-scale demonstration projects
Sec. 201. Assessment program for offshore aquaculture
(a) Establishment of program
Not later than 180 days after the date of the enactment of this Act, the Administrator shall establish an assessment program (in this section referred to as the assessment program
) with the objective of assessing the viability of offshore aquaculture—
(1)
in light of changing circumstances and advances in technology; and
(2)
using the best available science, information from aquaculture stakeholders, and information developed from demonstration projects for which permits are issued under section 202.
(b) Elements
At a minimum, the assessment program shall examine the following in order to determine the viability of offshore aquaculture:
(1)
The ability of different commercial-scale facility designs and operational methods—
(A)
to survive various atmospheric and ocean conditions, including high wind speeds or high-energy ocean conditions associated with severe weather, or tidal or tsunami activity, while preventing, to the extent possible—
(i)
escapes;
(ii)
loss of or damage to infrastructure; or
(iii)
wildlife entanglement resulting from loss or damaged infrastructure;
(B)
to prevent, to the extent possible, entanglements of large whales, sea turtles, and other species protected under—
(i)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(ii)
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
(C)
to prevent, to the extent possible, adverse impacts on the marine environment, including impacts to habitat, water chemistry, and wildlife; and
(D)
to comply with the requirements of the United States Coast Guard and United States Army Corps of Engineers in preventing 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.
(2)
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—
(A)
the compliance of demonstration projects for which permits are issued under section 202 with the requirements under subsection (b) of such section;
(B)
impacts on the marine environment; and
(C)
interference with existing uses of the water bodies in which demonstration projects for which permits are issued under section 202 are located.
(3)
The relative risks, benefits, and costs of various types of offshore aquaculture, including different cultured species, in different geographies and under varying environmental conditions.
(c) Report required
Not later than 5 years after the date on which the Administrator establishes the assessment program, the Administrator shall publish, make available to the public, and submit to the National Academy of Sciences and the Comptroller General of the United States, a report that includes the following:
(1)
A description of each demonstration project for which a permit is issued under section 202, including documentation supporting the issuance of the permit and summary of information submitted to the Administrator for each demonstration project.
(2)
A description of the progress made toward meeting the objective described in subsection (a).
(d) Rule of construction
Nothing in this section shall be construed to require the development of new assessment frameworks where existing ecosystem-based assessment tools of the Administrator, including Integrated Ecosystem Assessments, are sufficient to meet the requirements of the assessment program under this section.
Sec. 202. Permits for demonstration projects for offshore aquaculture facilities
(a) Issuance of permits
After the Administrator establishes the assessment program under section 201, the Administrator shall issue permits for commercial-scale demonstration projects for proposed offshore aquaculture facilities in furtherance of the assessment program.
(b) Eligibility requirements
To be eligible for the issuance of a permit under subsection (a), a demonstration project is required to—
(1)
advance the objective described in section 201(a);
(2)
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;
(3)
ensure that there will be no intentional culture, propagation, or release of genetically modified organisms if such organisms present a material risk of harmful ecological, genetic, or disease impacts that is greater than such risk associated with conventional stock;
(4)
incorporate design and operational practices that minimize the risk of escape, adverse wildlife impacts (including entanglement), adverse impacts to navigation, and adverse pollution impacts;
(5)
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, including wild populations and fishery resources, and on other uses of the water body in which the project is located;
(6)
comply with all applicable requirements, including—
(A)
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the Clean Water Act
);
(B)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(C)
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); and
(D)
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(7)
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; and
(8)
conform to best practices to minimize the use of therapeutants and pharmaceuticals, including antibiotics, and minimize the release of such substances into the environment.
(c) Authorized activities
A person that holds a permit for a demonstration project issued under subsection (a) may conduct offshore aquaculture for commercial sale consistent with this Act, including regulations promulgated by the Administrator to carry out this Act.
(d) Applications
A person seeking a permit for a demonstration project shall submit to the Administrator an application that specifies—
(1)
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, nurseries, or research operations;
(2)
the proposed type of aquaculture gear that will be used at facilities described in paragraph (1);
(3)
the cultured species to be propagated or reared, or both, at the offshore aquaculture facility;
(4)
(A)
the source of eggs, larvae, or juvenile cultured species that will be used in offshore aquaculture operations;
(B)
an analysis of the likely ecosystem impacts of such operations, such as the risk of escapes, adverse wildlife impacts, risk of pollution, and spread of pathogens; and
(C)
the information upon which the analysis was based;
(5)
plans to respond to—
(A)
a natural disaster;
(B)
an escape;
(C)
disease;
(D)
loss or damage to infrastructure;
(E)
entanglements; and
(F)
other circumstances designated by the Administrator; and
(6)
such other design, construction, and operational information as the Administrator may require to ensure the integrity of the operations and contingency planning.
(e) Notice, public comment, and recommendations
(1) In general
Not later than 90 days after receiving an application under this section, the Administrator shall—
(A)
conduct a preliminary review to determine whether the application is complete and complies with the requirements of this Act and other applicable Federal law;
(B)
for each application that the Administrator has determined is incomplete or does not comply with the requirements of this Act and other applicable Federal law, provide to the applicant a notice that specifies modifications to the application and the opportunity for resubmission;
(C)
for each complete application that the Administrator has determined complies with the requirements of this Act and other applicable Federal law under subparagraph (A), publish in the Federal Register, and provide to the Governor or Tribal leader of each specially affected coastal jurisdiction, the application; and
(D)
for a period of 60 days, invite and consider all public comments, and recommendations to modify the application or to deny the permit from any Governor or Tribal leader of a specially affected coastal jurisdiction designated under this subsection, on applications for permits described in subparagraph (C).
(2) Specially affected coastal jurisdiction
In this subsection, the term specially affected coastal jurisdiction means any coastal State or Indian Tribe—
(A)
the land, Tribal land, or waters of which—
(i)
are adjacent to the Federal waters in which the project will be conducted; and
(ii)
are used, or are scheduled to be used, as a support base for the project; and
(B)
for which there is a reasonable probability of significant effect on uses of land, Tribal land, or water from the project.
(3) Designation of a specially affected coastal jurisdiction
The Administrator shall establish a mechanism for identifying and designating, with respect to each application for a demonstration project received under this section, the adjacent specially affected coastal jurisdiction or jurisdictions.
(f) Priority consideration
In considering applications for permits for demonstration projects under this section, the Administrator shall give priority consideration to applications for demonstration projects—
(1)
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
(2)
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).
(g) Socioeconomic data
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 quantitative and qualitative socioeconomic data associated with the owner or operator of, and communities employed or otherwise affected by, each demonstration project.
(h) Decisions with respect to issuance, deferral, or denial
(1) In general
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—
(A)
issue the permit, if the Administrator determines the application complies with the requirements of this Act and other applicable law;
(B)
if the Administrator determines that the application does not comply with the requirements of this Act and other applicable law, or if the Administrator approves recommendations for modifications under subsection (e), and the application can be modified to comply with those requirements—
(i)
defer the decision on the permit; and
(ii)
provide to the applicant a notice that specifies modifications to the proposed demonstration project needed for a permit to be issued and a timeline for resubmission and additional agency review; or
(C)
if the Administrator determines that the application does not comply with the requirements of this Act and other applicable law, and that the application cannot be modified to comply with such requirements, or if the Administrator has approved a recommendation to deny the permit under subsection (e), deny the permit and provide a justification for the denial.
(2) Other approval
(A) In general
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—
(i)
the Administrator has determined under subsection (e)(1)(A) that the application is complete and complies with the requirements of this Act and all other applicable Federal law;
(ii)
the period for public comments under subsection (e)(1)(D) has ended;
(iii)
no recommendation for modifying the application or denying the permit has been received under subsection (e)(1)(D); and
(iv)
the Administrator does not take action under subparagraph (A), (B), or (C) of paragraph (1) before the date that is 90 days after the conclusion of the period for public comments under subsection (e)(1)(D) with respect to the application.
(B) Process
The Administrator shall establish a process for the approval of applications under this paragraph.
(i) Effective period
A permit for a demonstration project issued under this section—
(1)
shall be in effect during the 10-year period beginning on the date on which the project begins in-water operations; and
(2)
may be renewed as provided by subsection (j).
(j) Renewal
(1) In general
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—
(A)
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
(B)
the Administrator determines that the permit, as modified by the proposal, remains in compliance with the requirements described in subsection (b)(1).
(2) Notice and public comment
The Administrator shall—
(A)
publish in the Federal Register a notice summarizing each proposal received under paragraph (1) with respect to the renewal of a permit;
(B)
invite public comments for a period of not less than 60 days regarding each such proposal; and
(C)
consider such comments in determining whether to approve the renewal of the permit.
(3) Renewal determination
Not later than 90 days after the conclusion of the period for public comments under subsection (e) with respect to an application for a renewal permit for a demonstration project under this section, the Administrator shall—
(A)
issue the renewal permit, if the Administrator determines the application complies with the requirements of this Act and other applicable law;
(B)
if the Administrator determines that the application does not comply with the requirements described in subparagraph (A), and the application can be modified to comply with those requirements—
(i)
defer the decision on the renewal permit; and
(ii)
provide to the applicant a notice that specifies modifications to the proposed demonstration project needed for a permit to be issued and a timeline for resubmission and additional agency review; or
(C)
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.
(k) Authority To modify or terminate participation of demonstration projects and order removal of facilities
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—
(1)
(A)
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;
(B)
operation of the project results in take of endangered species or marine mammals in excess of take authorized pursuant to—
(i)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(ii)
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
(C)
the owner or operator of the project fails to comply with all of the terms and conditions of—
(i)
the permit; or
(ii)
modifications required by the Administrator under this subsection; or
(D)
the Administrator determines that operation of the demonstration project would be unsafe or result in unacceptable negative impacts to—
(i)
the marine environment;
(ii)
nearby human communities; or
(iii)
other users of the water body in which the project is located; and
(2)
before requiring a modification to the demonstration project, terminating the permit, or ordering the removal of the offshore aquaculture facility—
(A)
the Administrator provides a warning notice to the owner or operator of the project; and
(B)
the owner or operator is given an opportunity to address the Administrator's concerns.
(l) Coastal Zone Management Act review
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.).
(m) Fishing access and coordination
(1) In general
In carrying out this section, the Administrator shall consider the effects of offshore aquaculture facilities on fishing access and opportunities in adjacent public waters and, to the maximum extent practicable consistent with applicable law, seek to minimize unnecessary adverse impacts on fishing access and use.
(2) Coordination
The Administrator shall coordinate, as appropriate, with the Commandant of the Coast Guard and other relevant Federal agencies regarding navigational safety measures associated with offshore aquaculture facilities authorized under this section.
(3) Administrative record
The Administrator shall include in the administrative record for a permit issued under this section a description of any known fishing access impacts and any measures identified to avoid or minimize such impacts.
Sec. 203. Coordination of permit reviews for demonstration projects
(a) In general
(1) Lead agency
The Administration shall serve as the lead Federal agency for purposes of providing information on Federal permitting requirements for demonstration projects under section 202.
(2) Coordination
The Administrator shall coordinate with the Secretary of the Interior, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, the Chief of the Army Corps of Engineers, the Commissioner of the Food and Drug Administration, and the head of the department in which the Coast Guard is operating, and any other agency the Administrator considers appropriate to simplify the Federal permitting process for demonstration projects under section 202.
(b) Relation to current law
Nothing in this section shall be construed in derogation of law in effect on the date of enactment of this Act that is applicable to offshore aquaculture operations, and the unified permitting and review process established under this section shall not affect the timelines or standards established under other laws.
(c) Unified permitting and review process
Not later than 1 year after the date of enactment of this Act, the Secretaries of Commerce, Interior, Agriculture, Health and Human Services, and the department in which the Coast Guard is operating, the Administrator of the Environmental Protection Agency, and the Chief of Engineers shall, through the Secretary of Commerce, initiate, subject to the requirements of subsection (a), a rulemaking for all permits administered by such agency heads relating to demonstration projects under section 202 for a unified process, public notice, and public comment for—
(1)
initial issuance of permits;
(2)
renewal of permits; and
(3)
transfer of permits.
(d) Informal consultations
The Administrator shall convene representatives of the Department of Agriculture, the Environmental Protection Agency, the Army Corps of Engineers, the Department in which the U.S. Coast Guard is operating, and any other agency the Administrator deems appropriate to provide prospective applicants for permits for demonstration projects under section 202 an opportunity for informal consultation with such agencies. Nothing in this subsection shall preclude an applicant or a prospective applicant from contacting Federal agencies directly.
(e) Environmental analysis
To the extent allowable under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), any environmental analysis or environmental impact statement required under that Act for offshore aquaculture activities proposed to be carried out under a demonstration project under section 202 shall be conducted through a single, consolidated environmental review and the Administration, through the Office of Aquaculture established by section 101, shall serve as the lead Federal agency.
(f) Coordination of permit reviews
To the extent practicable under this Act and all other applicable laws, including regulations, Federal agencies with permitting requirements applicable to offshore aquaculture activities proposed to be carried out under a demonstration project under section 202 shall coordinate their review processes in order to provide a timely response to an applicant not later than 240 days after the submission of the application.
(g) Marine Mammal Protection Act
The conduct of offshore aquaculture shall be considered a commercial fishing operation for purposes of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362).
Sec. 204. Reporting by assessment program participants
(a) In general
Not later than 1 year after the date on which a demonstration project for which a permit is issued under section 202 commences, and annually thereafter until the demonstration project terminates, the owner or operator of the demonstration project shall submit to the Office, in accordance with guidance provided by the Administrator the following:
(1)
Production data.
(2)
Information on interactions with wild species, mitigation measures taken, and the results of such interactions and measures.
(3)
Information on technology and operational practices used to measure and monitor—
(A)
effluent;
(B)
integrity of cage materials and other gear; and
(C)
health of the cultivated species.
(4)
Information on environmental and ecosystem impacts.
(5)
Information on feed sourcing, including an estimate of the concentration of wild-caught marine ingredients (fishmeal and fish oil) in a feed relative to the original wild fish, the species and geographic origin of such forage, any planned changes to feed formulations, and any other relevant information.
(6)
Data necessary for the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to complete the study described in section 401.
(7)
Owner, operator, and employee demographic data and other relevant data as determined appropriate by the Administrator for purposes of assessing—
(A)
the direct benefits of the demonstration project to fishery and aquaculture stakeholders; and
(B)
the quantifiable economic and social impacts of the demonstration project for nearby coastal communities and any specially affected coastal jurisdictions.
(8)
Information on navigation and safety impacts to existing ocean users.
(9)
Such additional information as the Administrator requires to fulfill the goals and objectives of the assessment program established under section 201.
(b) Technical assistance
The Administrator shall, upon request, provide technical assistance to owners and operators of demonstration projects for which permits are issued under section 202 to comply with the reporting requirements of this section.
(c) Emergency reporting
The Administrator shall establish an emergency reporting process for each owner or operator of a demonstration project for which a permit is issued under section 202 to immediately report suspected or known interactions between project facilities or vessels and protected wild species.
(d) Privacy
The Administrator shall ensure that data provided under this section is maintained in a manner that safeguards personally identifiable information and confidential business information.
Sec. 205. Rule of construction; savings provisions
(a) Statutory construction
A permit for a demonstration project issued under section 202 shall not supersede or substitute for any other authorization required under Federal or State law.
(b) Applicability
This title does not apply with respect to applications for a permit in process on the date of the enactment of this Act or permits that are in effect on that date.
Title III Support for industry
Sec. 301. General support for industry
(a) Marketing and promotion grants
The Administrator, in consultation with private sector aquaculture stakeholders, shall support the sale and public perception of cultured species domestically and internationally through existing grant programs.
(b) Regional networks
The Administrator, through each regional fisheries office of the Administration, shall organize a network of—
(1)
regional experts and Federal agency contacts, in coordination with relevant organizations, including the national sea grant college program, the Regional Aquaculture Centers of the Department of Agriculture, institutions of higher education, and the Cooperative Extension System of the Department of Agriculture, to provide technical expertise and extension services for offshore aquaculture and information on Federal permit requirements for offshore aquaculture; and
(2)
individuals and businesses interested in aquaculture operations and products to facilitate professional development, marketing, mentoring opportunities, and agency outreach and education on aquaculture.
(c) Aquaculture database
(1) In general
The Administrator shall establish and maintain an aquaculture database within the Office of Aquaculture established by section 101.
(2) Inclusions
The database required by paragraph (1) shall include information on research, technologies, monitoring techniques, best practices, and advisory board recommendations relating to aquaculture and offshore aquaculture.
(3) Safeguarding of information
The Administrator shall make the database required by paragraph (1) available in a manner that safeguards personally identifiable information and confidential business information.
(4) Patents
The inclusion of information in the database required by paragraph (1) shall not be considered to be publication for purposes of subsection (a) or (b) of section 102 of title 35, United States Code.
(d) Technical assistance programs for operators
(1) In general
The Administrator, through the Office of Aquaculture established by section 101 and the regional aquaculture coordinators described in such section, shall organize a program in each regional fisheries office of the Administration to provide technical assistance to operators of offshore aquaculture facilities.
(2) Tailoring
The programs required by paragraph (1) shall be tailored to meet the unique needs of each region.
(3) Consultations
Under each program required by paragraph (1), the regional aquaculture coordinators described in section 101 may conduct consultations with the operator of each offshore aquaculture facility in the region concerned on a regular basis—
(A)
to assess the status of the operator’s business; and
(B)
if appropriate, to identify available resources to support the operator, such as regional experts, university extension agents, and grant opportunities.
Title IV Studies and reports
Sec. 401. Study on offshore aquaculture by Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine
(a) In general
The Administrator shall seek to enter into a contract with the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the Board
) under which the Board shall, not later than 5 years after the date on which the Administrator establishes the assessment program under section 201—
(1)
complete a study to develop the scientific basis for efficient and effective regulation of offshore aquaculture; and
(2)
submit to Congress and make publicly available the results of the study.
(b) Elements
The study completed pursuant to subsection (a) shall, with respect to offshore aquaculture—
(1)
identify—
(A)
optimal methods of operation of offshore aquaculture facilities to limit adverse effects on the environment, wildlife, and human well-being, including—
(i)
considerations to guide siting decisions of such facilities;
(ii)
appropriate stocking densities; and
(iii)
opportunities for selective breeding;
(B)
a science-based definition of responsible offshore aquaculture feed or other inputs
, including guidance on sourcing feed or other inputs to address long- or short-term concerns, including the availability and scalability of such inputs;
(C)
potential adverse effects on the environment, wildlife, and human well-being, including from—
(i)
the use of antibiotics and other pharmaceuticals by offshore aquaculture facilities, including through analyses necessary to establish acceptable rates, impact levels, and risk thresholds, such as analyses of organism antibiotic consumption or metabolization versus excretion to the surrounding environment;
(ii)
pollution originating from offshore aquaculture facilities, including such effect on marine organisms and the environment, including the potential for assimilation;
(iii)
abandoned, lost, damaged, or otherwise discarded gear or equipment;
(iv)
harmful interactions with wildlife;
(v)
genetic mixing between cultured species and wild marine species;
(vi)
the transfer of disease between cultured species and wild species;
(vii)
the collection and removal of brood stock for offshore aquaculture operations, and hatcheries and prestocking rearing operations that are specific to offshore aquaculture;
(viii)
large-scale cultivation of filter-feeding bivalve organisms and seaweed;
(ix)
offshore aquaculture facilities acting as aggregating devices for wild fisheries and wildlife populations;
(x)
predator control devices and methods; and
(xi)
the use of non-sustainable sources of feed or other inputs, including the use of globally limited marine resources for feed ingredients, and scalability of alternatives, including—
(I)
novel ingredients (for example, insect, single cell protein, and algae);
(II)
traditional ingredients (for example, soya); and
(III)
other inputs;
(D)
potential methods and technologies to mitigate adverse effects, including the effects identified under subparagraph (C);
(E)
potential methods to identify conflicts between offshore aquaculture facilities and other users of the offshore environment, and rubrics for developing solutions to mitigate such conflicts;
(F)
the types of quantitative data and qualitative information necessary for the optimal operation of offshore aquaculture facilities and appropriate methods of procuring such data and information, including from—
(i)
citizen science (as defined in section 402(c) of the Crowdsourcing and Citizen Science Act (15 U.S.C. 3724(c)));
(ii)
the traditional knowledge of Tribal and Indigenous communities; and
(iii)
offshore aquaculture operators;
(G)
best practices for offshore aquaculture siting and operations to manage and plan for predicted changes in global atmospheric and oceanographic conditions;
(H)
economic impacts and contributions of offshore aquaculture to local, State, regional, and national economies;
(I)
the business profitability potential and market opportunities for offshore aquaculture enterprises; and
(J)
potential benefits from offshore aquaculture operations at the local, State, and national levels, including social, cultural, economic, and environmental ecosystem services; and
(2)
provide recommendations for legislative or administrative action with respect to—
(A)
methods of operation identified under paragraph (1)(A);
(B)
mitigating adverse effects identified under paragraph (1)(C);
(C)
environmental standards, control rules, or reference points that build on the existing public and private standards or best practices for the sustainability of offshore aquaculture; and
(D)
ensuring that operators of offshore aquaculture facilities adhere to international standards for social responsibility, public health, and equitable labor practices, including with respect to sourcing inputs for such facilities.
Sec. 402. Report on offshore aquaculture by Government Accountability Office
(a) In general
Not later than 5 years after the date on which the Administrator establishes the assessment program under section 201, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report examining the permitting, monitoring, and regulation of offshore aquaculture that covers the 15-year period prior to the program’s establishment and the time period since the program’s establishment.
(b) Bases of report
The Comptroller General shall base the report required by subsection (a) on available literature, case studies, and aquaculture stakeholder input.
(c) Elements of report
The report required by subsection (a) shall—
(1)
assess the feasibility and potential positive and negative implications of designating a lead agency to issue permits for offshore aquaculture operations in a timely manner;
(2)
identify lessons learned during the period described in subsection (a) with respect to—
(A)
the effect of offshore aquaculture type, location, and regulatory framework on the success of offshore aquaculture projects;
(B)
the degree of involvement of coastal or adjacent States or Tribal or Indigenous communities in consultations for, planning for, or operations of offshore aquaculture;
(C)
safety protocols and risk mitigation measures for the permitting and oversight processes for offshore aquaculture, including—
(i)
escape prevention measures;
(ii)
emergency event response planning;
(iii)
compliance monitoring, particularly in remote locations;
(iv)
compliance with Federal laws;
(v)
mechanisms for reporting to appropriate Federal authorities; and
(vi)
vessel navigation aids to ensure navigational safety;
(D)
the effect of incentives to reduce adverse effects or disparate impacts from offshore aquaculture operations;
(E)
building and optimizing synergies between offshore aquaculture and wild-caught fishing activities, or offshore, nearshore, and onshore aquaculture activities, including market development, increasing seafood consumption, and shared infrastructure;
(F)
the environmental effects of offshore aquaculture operations, including mechanisms to prevent harm to the environment, wildlife, or human well-being;
(G)
the net economic and social benefits of offshore aquaculture projects, particularly for nearby communities, specially affected coastal jurisdictions as defined in section 202(e), and aquaculture and fishery stakeholders, based on project size, regulatory structures, and financing structures;
(H)
the impact of introducing offshore aquaculture products to the marketplace on supply and demand for wild-capture fisheries products, and methods for ensuring resiliency and growth for both offshore aquaculture and wild-capture fisheries products;
(I)
mechanisms to enhance capital investment, workforce development, and equitable opportunity requirements or assistance programs in the permitting process for offshore aquaculture, or to diversify permit applicants;
(J)
outstanding needs for continued research, development, education activities, programs, and funding regarding—
(i)
offshore aquaculture projects; and
(ii)
development of the domestic workforce and entrepreneurship related to offshore aquaculture;
(K)
the economic potential for both large- and small-scale offshore aquaculture operations to generate a positive return on investment under various regulatory and financing structures;
(L)
the applicability and sufficiency of existing regulatory systems for offshore aquaculture; and
(M)
existing local, State, Federal, and foreign regulatory standards that may serve as models for efficient and effective regulation of offshore aquaculture; and
(3)
include such recommendations as the Comptroller General may have with respect to future offshore aquaculture operations, including with respect to—
(A)
regulatory processes necessary for permitting, monitoring, and oversight, including processes and techniques related to siting, deployment, operations, and decommissioning;
(B)
potential safeguards, data collection, or monitoring required to minimize disparate impacts on specially affected coastal jurisdictions (as defined in section 202(e)), fishery stakeholders, local economies, marine environments, and existing domestic economic sectors;
(C)
mechanisms for optimizing coordination among Federal agencies with a role in permitting or supporting offshore aquaculture without compromising the goals of such permitting;
(D)
methods for effectively involving aquaculture stakeholders, including—
(i)
specially affected coastal jurisdictions (as defined in section 202(e));
(ii)
local communities;
(iii)
regional offshore waters users and management groups, including regional fishery management councils; and
(iv)
users of local, State, Tribal, and Federal waters and coastal resources;
(E)
best practices for incorporating local knowledge, including from Tribal or Indigenous communities;
(F)
capabilities of Federal agencies that are necessary for effective regulation of the offshore aquaculture sector; and
(G)
how creating private rights of action or waiving sovereign immunity would affect the development of offshore aquaculture projects and the acceptance of such projects by nearshore and offshore waters user groups and coastal communities.