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Referenced Laws
16 U.S.C. 1852(a)
16 U.S.C. 1453(4)
43 U.S.C. 1312
25 U.S.C. 5304
20 U.S.C. 1001
20 U.S.C. 7517
33 U.S.C. 1123(a)
16 U.S.C. 1531 et seq.
16 U.S.C. 1361 et seq.
33 U.S.C. 1251 et seq.
42 U.S.C. 4321 et seq.
7 U.S.C. 3103
20 U.S.C. 1061
Public Law 103–382
7 U.S.C. 301
33 U.S.C. 1122
42 U.S.C. 5170
16 U.S.C. 1801
16 U.S.C. 1451 et seq.
20 U.S.C. 1067q(a)
20 U.S.C. 1059c(b)
16 U.S.C. 1455a
15 U.S.C. 3724(c)
Section 1
1. Short title; table of contents This Act may be cited as the Marine Aquaculture Research for America Act of 2025 or the MARA Act of 2025. The table of contents for this Act is as follows:
Section 2
2. Purposes The purposes of this Act are— 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; to commission a study and report to assess the environmental and regulatory viability of a United States offshore aquaculture industry; 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; to establish Aquaculture Centers of Excellence to meet the needs of the growing domestic sustainable aquaculture industry; and to reduce the United States seafood trade deficit by expanding the domestic supply of seafood through the production of sustainable offshore aquaculture.
Section 3
3. Definitions In this Act: The term Administration means the National Oceanic and Atmospheric Administration. The term Administrator means the Administrator of the Administration. The term appropriate committees of Congress means— 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 the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Transportation and Infrastructure of the House of Representatives. The term aquaculture— means any activity involved in the propagation, rearing, or attempted propagation or rearing, of cultured species, including the capture and rearing of broodstock; and does not include the practice of— capturing juvenile finfish to rear to maturity in an aquaculture facility for subsequent commercial sale; or the practice of rearing and releasing cultured species for the purpose of enhancing wild populations. The term aquaculture stakeholder means— an owner or operator of an offshore aquaculture facility; 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)); an interstate fisheries commission; a conservation organization; a fisheries association; a State or county government; an Indian Tribe; a Native Hawaiian organization; a Native Hawaiian community; a Tribal or Indigenous community; a Federal or State agency with interests in aquaculture; or any other interested party. 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)). The term cultured species— means any species propagated and reared for marine aquaculture; includes larval marine shellfish species that self-recruit in the offshore environment; and excludes any member of the class Aves, Reptilia, or Mammalia. The term escape means the escape of juvenile-or adult-farmed organisms, viable gametes, or fertilized eggs spawned by farmed organisms from offshore aquaculture facilities. 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— except as provided by clause (ii), is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured; or if an applicable maritime boundary treaty is in force or is being provisionally applied by the United States, is established by that treaty; or 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. 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 9 nautical miles from the coastline of the Commonwealth of Puerto Rico; 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 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. 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. The term fishery stakeholders means— subsistence fishery participants and their dependents; fishing vessel crews; fish processor and distribution workers; recreational fisheries; Tribal fisheries; and territorial fishing communities, including such communities in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. 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). 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). 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. 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. 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)). The term offshore aquaculture means aquaculture conducted in the exclusive economic zone. 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. The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. The term Tribal fishery means a fishery that is— owned, operated, or managed by a Tribal or Indigenous community; or located in an area— that is subject to the jurisdiction of an Indian Tribe; and for which the Indian Tribe has sovereign authority over fishing activity in the area. The term Tribal land means land that is subject to the jurisdiction of an Indian Tribe. The term Tribal or Indigenous community means a population of people who are— enrolled members of an Indian Tribe; members of an Alaska Native or Native Hawaiian community or organization; or members of any other community of Indigenous people located in a State.
Section 4
101. Office of Aquaculture 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). The Administrator shall ensure the Office is provided with sufficient resources to carry out the duties of the Office under subsection (d). The Administrator shall provide for representation of the Office in each of the regional fisheries offices of the Administration. In carrying out paragraph (1), the Administrator— shall provide for the placement of at least one regional aquaculture coordinator from the Office in each regional fisheries office; 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 may increase that representation to the extent warranted by the activity and interest of aquaculture stakeholders in the region. The Office shall— coordinate the implementation of this Act, including administration of— the aquaculture research program established under subsection (e); the offshore aquaculture assessment program established under section 201; and the issuance of permits under section 202; coordinate regulatory, scientific, outreach, and international issues related to aquaculture within the Administration; collaborate with and leverage existing efforts by the national sea grant college program— to conduct outreach, education, extension services, and training efforts for aquaculture and offshore aquaculture; and to engage with aquaculture stakeholders and, from time to time, convene conferences for aquaculture stakeholders to exchange information and ideas; maintain aquaculture capacity in the regions covered by the regional fisheries offices of the Administration; develop recommendations for performance standards for offshore aquaculture operations that, at a minimum— encourage development of offshore aquaculture in a manner that complies with environmental law; are based on the best scientific information available; take into account traditional knowledge of Tribal and Indigenous communities as appropriate to the region; are adaptive to offshore aquaculture developments, such as updates in technology and changes in environmental conditions; and prefer species that are native or historically naturalized to the region; and prioritize the health of cultured species. Upon request of the Governor of a coastal State, the Office shall enter into an agreement with the State to allow the State, and aquaculture stakeholders in the State as appropriate, to participate in the activities authorized under sections 201 and 203 and titles III and IV, as though— the aquaculture conducted in the State’s coastal waters were offshore aquaculture; and facilities for aquaculture in the State’s coastal waters were offshore aquaculture facilities. Nothing in this paragraph or in any agreement entered into under this paragraph shall be construed to affect the authority of the Administrator to issue permits for or regulate aquaculture in State waters, except as expressly provided in such an agreement. The Administrator shall establish, and provide resources (in addition to the resources required under subsection (b)) for, an aquaculture research program that draws upon the scientific capacity of programs of the Administration, such as the Fisheries Science Centers, the national sea grant college program, and the National Centers for Coastal Ocean Science, to support the efforts of the Office to implement this Act. As part of the aquaculture research program established under paragraph (1), the Office shall— ensure that commercial-scale offshore aquaculture demonstration projects for which permits are issued under section 202 are scientifically monitored to support the implementation of this Act; evaluate data; conduct additional research to support the development of sustainable offshore aquaculture; administer support for industry under section 301; administer the Aquaculture Centers of Excellence under section 302; administer the contract to conduct the study described in section 401; and 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. 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.
Section 5
201. Assessment program for offshore aquaculture 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— in light of changing circumstances and advances in technology; and using the best available science, information from aquaculture stakeholders, and information developed from demonstration projects for which permits are issued under section 202. At a minimum, the assessment program shall examine the following in order to determine the viability of offshore aquaculture: The ability of different commercial-scale facility designs and operational methods— to survive various atmospheric and ocean conditions to the extent possible, including high wind speeds or high-energy ocean conditions associated with severe weather, or tidal or tsunami activity, without— escapes; loss of or damage to infrastructure; or wildlife entanglement resulting from loss or damaged infrastructure; to prevent adverse wildlife impacts to the extent possible, 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 to the extent possible, including impacts to habitat, water chemistry, and wildlife; and to prevent adverse impacts on navigation and safety, to the extent possible, 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 demonstration projects for which permits are issued under section 202 with the requirements under subsection (b) of such section; impacts on the marine environment; and interference with existing uses of the water bodies in which demonstration projects for which permits are issued under section 202 are located. The relative risks, benefits, and costs of various types of offshore aquaculture, including different species of finfish in different geographies and under varying climactic and ecological conditions. Not later than 2 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: A description of each demonstration project for which a permit is issued under section 202, including documentation supporting the issuance of the permit. A summary of the information submitted to the Administrator for each such demonstration project. A description of the progress made toward meeting the objective described in subsection (a).
Section 6
202. Permits for demonstration projects for offshore aquaculture facilities 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.).
Section 7
203. Coordination of permit reviews for demonstration projects The Administration shall serve as the lead Federal agency for purposes of providing information on Federal permitting requirements for demonstration projects under section 202. The Administrator shall convene representatives of the agencies described in paragraph (2) to provide prospective applicants for permits for demonstration projects under section 202 an opportunity for informal consultation with such agencies. The agencies described in this paragraph are the following: The Department of Agriculture. The Environmental Protection Agency. The Army Corps of Engineers. The Department in which the Coast Guard is operating. The Department of Defense. Any other agency the Administrator considers appropriate. Nothing in this subsection shall preclude an applicant or a prospective applicant from contacting Federal agencies directly. 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. 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 180 days after the submission of the application.
Section 8
204. Reporting by assessment program participants 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 Administrator 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 described in section 401. Owner, operator, and employee demographic data and other relevant data as determined appropriate by the Administrator for purposes of assessing— the direct benefits of the demonstration project to fishery stakeholders; and the economic and social benefits of the demonstration project 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 objective of the assessment program established under section 201. 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. 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.
Section 9
205. Rule of construction; savings provisions Any requirement in this title to identify or consider an impact or effect on human health or the environment shall be construed as including a requirement to make such identification or consideration while taking into account— the cumulative impact of such impact or effect in the context of all sources of emissions, discharges, or releases from any source, past, present, or in the reasonably foreseeable future, on the affected environment and population; any characteristics of such environment and population that may heighten vulnerability to environmental pollution and related health risks; and any action or practice that, even if appearing neutral, has the effect of subjecting individuals to discrimination on the basis of race, color, or national origin. 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. 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.
Section 10
301. General support for industry The Administrator shall support the development of offshore aquaculture consistent with this Act and other applicable Federal law. The Administrator, in consultation with private sector aquaculture stakeholders, shall establish and administer a grant program to support the sale and public perception of cultured species domestically and internationally. The Administrator, in consultation with private sector operators of offshore aquaculture facilities, academic institutions, and the national sea grant college program, shall establish and administer a grant program to support the education and training of individuals with the skills needed to manage and operate offshore aquaculture facilities. The Administrator may carry out paragraph (1) through the program established under section 302(b)(1). The Administrator, through each regional fisheries office of the Administration, shall organize a network of— 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 individuals and businesses interested in aquaculture operations and products to facilitate professional development, marketing, mentoring opportunities, and agency outreach and education on aquaculture. The Administrator shall establish and maintain an aquaculture database within the Office of Aquaculture established by section 101. 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. The Administrator shall make the database required by paragraph (1) available in a manner that safeguards personally identifiable information and confidential business information. 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. 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. The programs required by paragraph (1) shall be tailored to meet the unique needs of each region. 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— to assess the status of the operator’s business; and if appropriate, to identify available resources to support the operator, such as regional experts, university extension agents, and grant opportunities. In order to enhance access to capital markets, the Administrator shall provide financial institutions and investment firms with objective, science-based information on offshore aquaculture and the Federal regulatory regime for offshore aquaculture. The Administrator shall provide economic analysis to answer queries regarding the value of offshore aquaculture assets to secure financing, such as equipment, governmental permits, inventory, and intellectual property. In order to achieve the goals of this subsection, the Administrator is encouraged to collaborate with the Secretary of Agriculture, the Secretary of the Treasury, and the regional networks established under subsection (d).
Section 11
302. Aquaculture centers of excellence In this section: The term covered institution means— a minority-serving institution; a Native Hawaiian-serving institution; an Alaska Native-serving institution; a historically Black college or university; or a Tribal college or university. The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). The term minority-serving institution means an eligible institution described in paragraph (2), (4), (5), (6), or (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). The term Tribal college or university means a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))) that is chartered by the governing body of the applicable Indian Tribe or by the Federal Government. Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with private sector aquaculture stakeholders, academic institutions, and the national sea grant college program, shall establish a program to award grants to covered institutions to assist in establishing or enhancing an aquaculture curriculum for undergraduate, graduate, or certificate courses of study at such covered institutions. A covered institution that receives a grant under this section shall be known as an Aquaculture Center of Excellence. To be eligible to receive a grant under this section, a covered institution shall submit to the Administrator an application that includes any plans to partner with one or more other institutions of higher education as authorized under paragraph (5). A covered institution receiving a grant under this section shall use the grant amounts to establish or enhance an aquaculture curriculum for undergraduate, graduate, or certificate courses of study that may include the following: Training in various skills needed by successful aquaculture entrepreneurs, including— offshore aquaculture operations; business management, strategic planning, business plan development, capital financing and fundraising, financial management and accounting, market analysis and competitive analysis, and market entry and strategy execution; and any other skill specific to the needs of the student population and the surrounding community, including with respect to social and environmental sustainability, as determined by the covered institution. Natural and social science research programs in aquaculture and natural fisheries, including offshore aquaculture. Development of extension programs (or cooperation with existing extension programs) that— educate and engage community members, including elementary and secondary school students, on aquaculture and aquaculture career pathways; and transfer newly developed techniques and research information developed or collated at the covered institution to aquaculture stakeholders. Career development, such as the establishment of cooperatives, apprenticeships, internships, practicums, mentorships, accelerators, or grant competitions. Amounts from a grant awarded under this section may be used only for expenses directly related to the implementation of the curriculum or activities authorized under this section. In applying for grants and carrying out activities with grant amounts under this section, a covered institution may partner with one or more other institutions of higher education with established aquaculture programs, including institutions of higher education not otherwise eligible for grants under this section, to facilitate the sharing of resources and knowledge necessary for the development or enhancement of aquaculture curriculum at the covered institution. There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2026 through 2030, to remain available until expended.
Section 12
303. Working waterfronts preservation grant program The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 306A (16 U.S.C. 1455a) the following: The Secretary shall, in consultation with covered entities, Federal agencies the Secretary determines appropriate, and interested coastal stakeholders with expertise in working waterfronts planning, establish a regionally equitable and competitive grant program, to be known as the Working Waterfronts Grant Program. The Secretary may award grants under this subsection to eligible covered entities— to implement or revise an approved working waterfronts plan of such eligible covered entity, including— acquiring a working waterfront or an interest in a working waterfront; making improvements to a working waterfront, including constructing or repairing wharfs, boat ramps, or related facilities; or carrying out necessary climate adaptation mitigation activities for a working waterfront; or to develop a working waterfronts plan of such eligible covered entity under subsection (b). To be eligible for a grant under this subsection, an eligible covered entity shall submit an application to the Secretary— that, if applicable, is consistent with the management program of the eligible covered entity approved under section 306; and in such form, at such time, and containing such information as the Secretary determines appropriate. Not later than 60 days after the date on which the Secretary receives an application for a grant under this paragraph, the Secretary shall approve or reject such application. The Secretary shall, in consultation with the entities described in paragraph (1), issue guidelines regarding the implementation of the grant program. In awarding a grant to an eligible covered entity, the Secretary shall take into account the following criteria: The economic, cultural, and historical significance of working waterfronts to the eligible covered entity. The demonstrated working waterfronts needs of the eligible covered entity, as described in the approved working waterfronts plan of the eligible covered entity, if any. The ability of the eligible covered entity to meet the matching requirement under paragraph (10). The potential for rapid turnover in the ownership of relevant working waterfronts, and, if applicable, the need for the eligible covered entity to respond quickly when property in an existing or potential working waterfront area or public access area, as identified in the approved working waterfronts plan of the eligible covered entity, if any, comes under threat of conversion to incompatible uses or becomes available for purchase. As applicable, the impact of the approved working waterfronts plan of the eligible covered entity, if any, on the coastal ecosystem and working waterfronts of the eligible covered entity and the users of the coastal ecosystem of the eligible covered entity. Upon the request of an eligible covered entity that is awarded a grant under this subsection, the Secretary shall provide to such eligible covered entity technical assistance— to identify and obtain sources of Federal technical or financial assistance other than that provided under this subsection to develop a working waterfronts plan for approval under subsection (b) or to implement or revise an approved working waterfronts plan; to develop a working waterfronts plan for approval under subsection (b); to implement or revise an approved working waterfronts plan; to integrate resilience planning into working waterfronts preservation efforts of such eligible covered entity; to develop additional tools to protect working waterfronts; regarding guidance for best storm water management practices with regard to working waterfronts; or to collect and disseminate best practices regarding working waterfronts and resilience planning. The Secretary may use not more than 5 percent of the amounts made available under this subsection in each fiscal year to provide technical assistance under this paragraph. A project carried out with a grant awarded under this subsection, other than a project that involves commercial fishing or other industrial access points to which the eligible covered entity determines public access would be unsafe, shall provide for the expansion, improvement, or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of working waterfronts. An eligible covered entity that is awarded a grant under this subsection, or any entity to which such eligible covered entity allocates a portion of such grant under paragraph (9), may use such grant award to acquire title to or an interest in a working waterfront, including an easement, only— for fair market value from a willing seller; or for less than fair market value from a seller that certifies to the Secretary that the seller is willing and is not subject to coercion. An eligible covered entity that is awarded a grant under this subsection may allocate a portion of such grant award to a unit of State or local government, a nonprofit organization, a fishing cooperative, or any other appropriate entity for the purpose of carrying out this subsection if such eligible covered entity ensures that any such allocated grant award is used consistently with this subsection. The Secretary shall encourage each eligible covered entity that is awarded a grant under this subsection to equitably allocate such grant award among working waterfronts identified in the approved working waterfronts plan of each such eligible covered entity, if any. Except as provided in subparagraph (B), the Federal share of a project carried out with a grant awarded under this subsection may not exceed 75 percent. The Secretary may waive the application of subparagraph (A)— with respect to an eligible covered entity that is awarded a grant under this subsection that has designated a qualified holder that is located within— a disadvantaged community; or a community that has an inability to draw on other sources of funding because of the small population or low income of the community; or for any other reason the Secretary determines appropriate. An eligible covered entity that is awarded a grant under this subsection may satisfy the non-Federal share of a project carried out with a grant awarded under this subsection through in-kind contributions and other noncash support, including the following: The value, as determined by an appraisal performed at such time before the award of the grant as the Secretary determines appropriate, of a working waterfront or an interest in a working waterfront, including conservation and other easements, that is held in perpetuity by a qualified holder, if the working waterfront or interest in a working waterfront— is identified in the grant application; and is acquired by the qualified holder not later than 3 years after— the grant award date; or the date of the submission of such application and before the end of the initial 5-year period for which the approved working waterfronts plan associated with the grant application, if any, is effective. The costs, including cash or in-kind contributions, associated with the acquisition, restoration, or enhancement of or making other improvements to a working waterfront or an interest in a working waterfront, if— such costs are identified in the grant application; and the costs are incurred— before the end of the initial 5-year period for which the approved working waterfronts plan associated with the grant application, if any, is effective; or for working waterfronts described in clause (i), within the time limits described in that clause. An eligible covered entity that is awarded a grant under this subsection may use such grant award with respect to a working waterfront only for which each person other than the eligible covered entity that holds title to or an interest in such working waterfront enters into a working waterfront covenant. An eligible covered entity may determine, on the record after an opportunity for a hearing, that a working waterfront covenant of the eligible covered entity has been violated. If an eligible covered entity makes a determination under clause (i) that a violation described under that clause has occurred— all right, title, and interest in and to the working waterfront covered by the violated working waterfront covenant shall revert to the eligible covered entity; the eligible covered entity may convey the working waterfront or interest in the working waterfront to a qualified holder; and the eligible covered entity shall have the right of immediate entry onto the working waterfront covered by the violated working waterfront covenant. The Secretary shall subject each grant awarded under this subsection to such terms and conditions as the Secretary determines appropriate to ensure that each such grant is used for purposes consistent with this section. The Secretary shall biennially submit to Congress a report regarding the implementation of this subsection, which shall include— an evaluation, based on performance measures developed by the Secretary, of the effectiveness of the grant program in accomplishing the purposes of this subsection; an account of all expenditures under this subsection; and descriptions of each project carried out using a grant awarded under this section. The Secretary may submit each report required under subparagraph (A) by including the information required under that subparagraph in each report required under section 316. The Secretary may use not more than 5 percent of the amounts made available under this subsection in each fiscal year to pay the administrative expenses necessary to carry out this subsection. There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for each of fiscal years 2025 through 2029. In this section: The term approved working waterfronts plan means a working waterfronts plan that is approved by the Secretary under subsection (b). The term coastal Indian Tribe means an Indian Tribe with respect to which land owned by the Indian Tribe, held in trust by the United States for the Indian Tribe, or held by the Indian Tribe and subject to restrictions on alienation imposed by the United States or the reservation of the Indian Tribe is located within a coastal state. The term coastal users means— persons that engage in commercial or recreational fishing; recreational fishing and boating businesses; and boatbuilding, aquaculture, and other water-dependent, coastal-related businesses. The term covered entity means— a coastal state; a coastal Indian Tribe; or a Native Hawaiian organization. The term eligible covered entity means a covered entity that— has an approved working waterfronts plan; is in the process of developing a working waterfronts plan for approval under subsection (b); or has a coastal land use plan that the Secretary determines is sufficient for the purposes of this section. The term grant program means the grant program established under subsection (c). The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). The term Native Hawaiian organization means a nonprofit organization— that serves the interests of Native Hawaiians; in which Native Hawaiians serve in substantive and policymaking positions; that is recognized for having expertise in Native Hawaiian culture and heritage, including tourism; and is located within a coastal state. The term qualified holder means— a unit of local government of a covered entity, if the covered entity is a coastal state; or a nonprofit organization; The term Task Force means the task force established under subsection (a)(1). The term disadvantaged community means a community the Secretary determines, based on appropriate data, indices, and screening tools, is economically, socially, or environmentally disadvantaged. The term working waterfront means real property (including support structures over water and other facilities) that— provides access to coastal waters by coastal users; and is used for, or supports, commercial and recreational fishing, recreational fishing and boating businesses, and boatbuilding, aquaculture, and other water-dependent, coastal-related business. The term working waterfront covenant means an agreement in recordable form entered into between a person that holds title to or an interest in a working waterfront and a covered entity that is awarded a grant under the grant program or a qualified holder of such covered entity that provides such assurances as the Secretary determines necessary to ensure the following: Except as provided in subparagraph (C), the title to or interest in the working waterfront will be held by an entity that is subject to such agreement in perpetuity. The working waterfront will be managed in a manner that is consistent with the purposes of this section, and the working waterfront will not be converted to any use that is inconsistent with this section. If the title to or interest in the working waterfront is subsequently sold or otherwise exchanged— each party involved in such sale or exchange shall accede to such agreement; and funds equal to the fair market value of the title to or interest in the working waterfront shall be paid to the Secretary by the parties to the sale or exchange, and such funds shall be, at the discretion of the Secretary, paid to the relevant covered entity or a qualified holder of such covered entity for use in the implementation of the approved working waterfronts plan of the covered entity. Such agreement shall be subject to enforcement and oversight by the covered entity or by another person as the Secretary determines appropriate. (c)Working waterfronts grant program (1)In generalThe Secretary shall, in consultation with covered entities, Federal agencies the Secretary determines appropriate, and interested coastal stakeholders with expertise in working waterfronts planning, establish a regionally equitable and competitive grant program, to be known as the Working Waterfronts Grant Program.
(2)UsesThe Secretary may award grants under this subsection to eligible covered entities— (A)to implement or revise an approved working waterfronts plan of such eligible covered entity, including—
(i)acquiring a working waterfront or an interest in a working waterfront; (ii)making improvements to a working waterfront, including constructing or repairing wharfs, boat ramps, or related facilities; or
(iii)carrying out necessary climate adaptation mitigation activities for a working waterfront; or (B)to develop a working waterfronts plan of such eligible covered entity under subsection (b).
(3)Application
(A)In generalTo be eligible for a grant under this subsection, an eligible covered entity shall submit an application to the Secretary— (i)that, if applicable, is consistent with the management program of the eligible covered entity approved under section 306; and
(ii)in such form, at such time, and containing such information as the Secretary determines appropriate. (B)DeadlineNot later than 60 days after the date on which the Secretary receives an application for a grant under this paragraph, the Secretary shall approve or reject such application.
(4)GuidelinesThe Secretary shall, in consultation with the entities described in paragraph (1), issue guidelines regarding the implementation of the grant program. (5)CriteriaIn awarding a grant to an eligible covered entity, the Secretary shall take into account the following criteria:
(A)The economic, cultural, and historical significance of working waterfronts to the eligible covered entity. (B)The demonstrated working waterfronts needs of the eligible covered entity, as described in the approved working waterfronts plan of the eligible covered entity, if any.
(C)The ability of the eligible covered entity to meet the matching requirement under paragraph (10). (D)The potential for rapid turnover in the ownership of relevant working waterfronts, and, if applicable, the need for the eligible covered entity to respond quickly when property in an existing or potential working waterfront area or public access area, as identified in the approved working waterfronts plan of the eligible covered entity, if any, comes under threat of conversion to incompatible uses or becomes available for purchase.
(E)As applicable, the impact of the approved working waterfronts plan of the eligible covered entity, if any, on the coastal ecosystem and working waterfronts of the eligible covered entity and the users of the coastal ecosystem of the eligible covered entity. (6)Other technical and financial assistance (A)In generalUpon the request of an eligible covered entity that is awarded a grant under this subsection, the Secretary shall provide to such eligible covered entity technical assistance—
(i)to identify and obtain sources of Federal technical or financial assistance other than that provided under this subsection to develop a working waterfronts plan for approval under subsection (b) or to implement or revise an approved working waterfronts plan; (ii)to develop a working waterfronts plan for approval under subsection (b);
(iii)to implement or revise an approved working waterfronts plan; (iv)to integrate resilience planning into working waterfronts preservation efforts of such eligible covered entity;
(v)to develop additional tools to protect working waterfronts; (vi)regarding guidance for best storm water management practices with regard to working waterfronts; or
(vii)to collect and disseminate best practices regarding working waterfronts and resilience planning. (B)LimitationThe Secretary may use not more than 5 percent of the amounts made available under this subsection in each fiscal year to provide technical assistance under this paragraph.
(7)Public access requirementA project carried out with a grant awarded under this subsection, other than a project that involves commercial fishing or other industrial access points to which the eligible covered entity determines public access would be unsafe, shall provide for the expansion, improvement, or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of working waterfronts. (8)Limitation on acquisitionAn eligible covered entity that is awarded a grant under this subsection, or any entity to which such eligible covered entity allocates a portion of such grant under paragraph (9), may use such grant award to acquire title to or an interest in a working waterfront, including an easement, only—
(A)for fair market value from a willing seller; or (B)for less than fair market value from a seller that certifies to the Secretary that the seller is willing and is not subject to coercion.
(9)Allocation
(A)In generalAn eligible covered entity that is awarded a grant under this subsection may allocate a portion of such grant award to a unit of State or local government, a nonprofit organization, a fishing cooperative, or any other appropriate entity for the purpose of carrying out this subsection if such eligible covered entity ensures that any such allocated grant award is used consistently with this subsection. (B)Identified working waterfrontsThe Secretary shall encourage each eligible covered entity that is awarded a grant under this subsection to equitably allocate such grant award among working waterfronts identified in the approved working waterfronts plan of each such eligible covered entity, if any.
(10)Matching requirement
(A)In generalExcept as provided in subparagraph (B), the Federal share of a project carried out with a grant awarded under this subsection may not exceed 75 percent. (B)Waiver of matching requirementThe Secretary may waive the application of subparagraph (A)—
(i)with respect to an eligible covered entity that is awarded a grant under this subsection that has designated a qualified holder that is located within— (I)a disadvantaged community; or
(II)a community that has an inability to draw on other sources of funding because of the small population or low income of the community; or (ii)for any other reason the Secretary determines appropriate.
(C)Non-federal shareAn eligible covered entity that is awarded a grant under this subsection may satisfy the non-Federal share of a project carried out with a grant awarded under this subsection through in-kind contributions and other noncash support, including the following: (i)The value, as determined by an appraisal performed at such time before the award of the grant as the Secretary determines appropriate, of a working waterfront or an interest in a working waterfront, including conservation and other easements, that is held in perpetuity by a qualified holder, if the working waterfront or interest in a working waterfront—
(I)is identified in the grant application; and (II)is acquired by the qualified holder not later than 3 years after—
(aa)the grant award date; or (bb)the date of the submission of such application and before the end of the initial 5-year period for which the approved working waterfronts plan associated with the grant application, if any, is effective.
(ii)The costs, including cash or in-kind contributions, associated with the acquisition, restoration, or enhancement of or making other improvements to a working waterfront or an interest in a working waterfront, if— (I)such costs are identified in the grant application; and
(II)the costs are incurred— (aa)before the end of the initial 5-year period for which the approved working waterfronts plan associated with the grant application, if any, is effective; or
(bb)for working waterfronts described in clause (i), within the time limits described in that clause. (11)Working waterfront covenants (A)In generalAn eligible covered entity that is awarded a grant under this subsection may use such grant award with respect to a working waterfront only for which each person other than the eligible covered entity that holds title to or an interest in such working waterfront enters into a working waterfront covenant.
(B)Violation
(i)In generalAn eligible covered entity may determine, on the record after an opportunity for a hearing, that a working waterfront covenant of the eligible covered entity has been violated. (ii)Reversion; conveyance; right of immediate entryIf an eligible covered entity makes a determination under clause (i) that a violation described under that clause has occurred—
(I)all right, title, and interest in and to the working waterfront covered by the violated working waterfront covenant shall revert to the eligible covered entity; (II)the eligible covered entity may convey the working waterfront or interest in the working waterfront to a qualified holder; and
(III)the eligible covered entity shall have the right of immediate entry onto the working waterfront covered by the violated working waterfront covenant. (12)Terms and conditionsThe Secretary shall subject each grant awarded under this subsection to such terms and conditions as the Secretary determines appropriate to ensure that each such grant is used for purposes consistent with this section.
(13)Report
(A)In generalThe Secretary shall biennially submit to Congress a report regarding the implementation of this subsection, which shall include— (i)an evaluation, based on performance measures developed by the Secretary, of the effectiveness of the grant program in accomplishing the purposes of this subsection;
(ii)an account of all expenditures under this subsection; and (iii)descriptions of each project carried out using a grant awarded under this section.
(B)Alternative manner of submissionThe Secretary may submit each report required under subparagraph (A) by including the information required under that subparagraph in each report required under section 316. (14)Administrative expensesThe Secretary may use not more than 5 percent of the amounts made available under this subsection in each fiscal year to pay the administrative expenses necessary to carry out this subsection.
(15)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for each of fiscal years 2025 through 2029. (d)DefinitionsIn this section:
(1)Approved working waterfronts planThe term approved working waterfronts plan means a working waterfronts plan that is approved by the Secretary under subsection (b). (2)Coastal Indian TribeThe term coastal Indian Tribe means an Indian Tribe with respect to which land owned by the Indian Tribe, held in trust by the United States for the Indian Tribe, or held by the Indian Tribe and subject to restrictions on alienation imposed by the United States or the reservation of the Indian Tribe is located within a coastal state.
(3)Coastal usersThe term coastal users means— (A)persons that engage in commercial or recreational fishing;
(B)recreational fishing and boating businesses; and (C)boatbuilding, aquaculture, and other water-dependent, coastal-related businesses.
(4)Covered entityThe term covered entity means— (A)a coastal state;
(B)a coastal Indian Tribe; or (C)a Native Hawaiian organization.
(5)Eligible covered entityThe term eligible covered entity means a covered entity that— (A)has an approved working waterfronts plan;
(B)is in the process of developing a working waterfronts plan for approval under subsection (b); or (C)has a coastal land use plan that the Secretary determines is sufficient for the purposes of this section.
(6)Grant programThe term grant program means the grant program established under subsection (c). (7)Indian TribeThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(8)Native Hawaiian organizationThe term Native Hawaiian organization means a nonprofit organization— (A)that serves the interests of Native Hawaiians;
(B)in which Native Hawaiians serve in substantive and policymaking positions; (C)that is recognized for having expertise in Native Hawaiian culture and heritage, including tourism; and
(D)is located within a coastal state. (9)Qualified holderThe term qualified holder means—
(A)a unit of local government of a covered entity, if the covered entity is a coastal state; or (B)a nonprofit organization;that is designated by a covered entity in the approved working waterfronts plan of the covered entity to carry out some or all of the functions of the covered entity under the grant program if the covered entity applies for and is awarded a grant under the grant program, including holding title to or an interest in a working waterfront acquired with a grant awarded under the grant program.
(10)Task forceThe term Task Force means the task force established under subsection (a)(1). (11)Disadvantaged communityThe term disadvantaged community means a community the Secretary determines, based on appropriate data, indices, and screening tools, is economically, socially, or environmentally disadvantaged.
(12)Working waterfrontThe term working waterfront means real property (including support structures over water and other facilities) that— (A)provides access to coastal waters by coastal users; and
(B)is used for, or supports, commercial and recreational fishing, recreational fishing and boating businesses, and boatbuilding, aquaculture, and other water-dependent, coastal-related business. (13)Working waterfront covenantThe term working waterfront covenant means an agreement in recordable form entered into between a person that holds title to or an interest in a working waterfront and a covered entity that is awarded a grant under the grant program or a qualified holder of such covered entity that provides such assurances as the Secretary determines necessary to ensure the following:
(A)Except as provided in subparagraph (C), the title to or interest in the working waterfront will be held by an entity that is subject to such agreement in perpetuity. (B)The working waterfront will be managed in a manner that is consistent with the purposes of this section, and the working waterfront will not be converted to any use that is inconsistent with this section.
(C)If the title to or interest in the working waterfront is subsequently sold or otherwise exchanged— (i)each party involved in such sale or exchange shall accede to such agreement; and
(ii)funds equal to the fair market value of the title to or interest in the working waterfront shall be paid to the Secretary by the parties to the sale or exchange, and such funds shall be, at the discretion of the Secretary, paid to the relevant covered entity or a qualified holder of such covered entity for use in the implementation of the approved working waterfronts plan of the covered entity. (D)Such agreement shall be subject to enforcement and oversight by the covered entity or by another person as the Secretary determines appropriate..
Section 13
304. Outreach on sustainable offshore aquaculture The Administrator shall conduct outreach on sustainable offshore aquaculture to promote understanding, science-based decision making, and commercial adoption. In carrying out subsection (a), the Administrator shall use appropriate means to engage— the general public; community leaders; governmental officials; the business community; the academic community; and the nonprofit sector.
Section 14
401. Study on offshore aquaculture by ocean studies board of the national academies of sciences, engineering, and medicine 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— complete a study to develop the scientific basis for efficient and effective regulation of offshore aquaculture; and submit to Congress and make publicly available the results of the study. The study completed pursuant to subsection (a) shall, with respect to offshore aquaculture— identify— optimal methods of operation of offshore aquaculture facilities to limit adverse effects on the environment, wildlife, and human well-being, including— considerations to guide siting decisions of such facilities; appropriate stocking densities; and opportunities for selective breeding; 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; potential adverse effects on the environment, wildlife, and human well-being, including from— 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; assimilation of pollution originating from offshore aquaculture facilities on marine organisms; abandoned, lost, damaged or otherwise discarded equipment; harmful interactions with wildlife; interbreeding between cultured species and native marine species; the spread of disease from cultured species to wild species; the collection and removal of brood stock for offshore aquaculture operations, and hatcheries and prestocking rearing operations that are specific to offshore aquaculture; large-scale cultivation of filter-feed bivalve organisms and seaweed; offshore aquaculture facilities acting as aggregating devices and increasing the vulnerability of wild fisheries and wildlife populations to fishing or other sources of mortality; predator control devices and methods; and 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— novel ingredients (for example, insect, single cell protein, and algae); traditional ingredients (for example, soya); and other inputs; potential methods and technologies to mitigate adverse effects, including the effects identified under subparagraph (C); potential conflicts between offshore aquaculture facilities and other users of the offshore environment, and solutions to mitigate such conflicts; the types of data and qualitative information necessary for the optimal operation of offshore aquaculture facilities and appropriate methods of procuring such data and information, including from— citizen science (as defined in section 402(c) of the Crowdsourcing and Citizen Science Act (15 U.S.C. 3724(c))); and the traditional knowledge of Tribal and Indigenous communities; and best practices for offshore aquaculture siting and operations to manage and plan for predicted changes in global atmospheric and oceanographic conditions; and provide recommendations for legislative or administrative action with respect to— methods of operation identified under paragraph (1)(A); mitigating adverse effects identified under paragraph (1)(C); environmental standards, control rules, or reference points that build on the existing public and private standards for the sustainability of offshore aquaculture; and 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.
Section 15
402. Report on offshore aquaculture by government accountability office 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 during the 15-year period ending on such date of establishment. The Comptroller General shall base the report required by subsection (a) on available literature, case studies, and aquaculture stakeholder input. The report required by subsection (a) shall— 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; identify lessons learned during the period described in subsection (a) with respect to— the effect of offshore aquaculture type, location, and regulatory framework on the success of offshore aquaculture projects; the degree of involvement of coastal or adjacent States or Tribal or Indigenous communities in consultations for, planning for, or operations of offshore aquaculture; safety protocols and risk mitigation measures for the permitting and oversight processes for offshore aquaculture, including— escape prevention measures; emergency event response planning; compliance monitoring, particularly in remote locations; compliance with Federal laws; mechanisms for reporting to appropriate Federal authorities; and vessel navigation aids to ensure navigational safety; the effect of incentives to reduce adverse effects or disparate impacts from offshore aquaculture operations; 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; the environmental effects of offshore aquaculture operations, including mechanisms to prevent harm to the environment, wildlife, or human well-being; the net economic and social benefits of offshore aquaculture projects, particularly for nearby communities and fishery stakeholders, based on project size, regulatory structures, and financing structures; 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; 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; outstanding needs for continued research, development, education activities, programs, and funding regarding— offshore aquaculture projects; and development of the domestic workforce and entrepreneurship related to offshore aquaculture; 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; the applicability and sufficiency of existing regulatory systems for offshore aquaculture; and existing local, State, Federal, and foreign regulatory standards that may serve as models for efficient and effective regulation of offshore aquaculture; and include such recommendations as the Comptroller General may have with respect to future offshore aquaculture operations, including with respect to— regulatory processes necessary for permitting, monitoring, and oversight, including processes and techniques related to siting, deployment, operations, and decommissioning; 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; mechanisms for optimizing coordination among Federal agencies with a role in permitting or supporting offshore aquaculture without compromising the goals of such permitting; methods for effectively involving aquaculture stakeholders, including— specially affected coastal jurisdictions (as defined in section 202(e)); local communities; regional offshore waters users and management groups, including regional fishery management councils; and users of local, State, Tribal, and Federal waters and coastal resources; best practices for incorporating local knowledge, including from Tribal or Indigenous communities; capabilities of Federal agencies that are necessary for effective regulation of the offshore aquaculture sector; and 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.