AQUAA Act

I 116TH CONGRESS 2D SESSION H. R. 6191 To establish a regulatory system for sustainable offshore aquaculture in the United States exclusive economic zone, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2020 Mr. PETERSON (for himself and Mr. PALAZZO) introduced the following bill; which was referred to the Committee on Natural Resources, and in addi- tion to the Committee on Agriculture, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a regulatory system for sustainable offshore aquaculture in the United States exclusive economic zone, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Advancing the Quality and Understanding of American 5 Aquaculture Act’’ or the ‘‘AQUAA Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 6191 IH Sec. 1. Short title. Sec. 2. Purposes. Sec. 3. Definitions. TITLE I—NATIONAL STANDARDS Sec. 101. National standards for sustainable offshore aquaculture. TITLE II—CORE ACTIVITIES Sec. 201. Offshore aquaculture permits. Sec. 202. Enterprise zones. TITLE III—REFINEMENTS Sec. 301. Protection of offshore aquaculture facilities. Sec. 302. Recordkeeping and access to information. Sec. 303. Marine feed standards. TITLE IV—ADMINISTRATIVE PROVISIONS Sec. 401. Office of Offshore Aquaculture. Sec. 402. Domestic aquaculture production. Sec. 403. Outreach and education for offshore aquaculture. Sec. 404. Administration. Sec. 405. Report. Sec. 406. Extension of permit terms. Sec. 407. Interagency coordination of offshore aquaculture. Sec. 408. Prohibited acts. Sec. 409. Enforcement. Sec. 410. Authorization of appropriations. TITLE V—RESEARCH AND DEVELOPMENT Sec. 501. Research and development grant programs. SEC. 2. PURPOSES. 1 The purposes of this Act are— 2 (1) to support the development of a sustainable 3 aquaculture industry in the United States; 4 (2) to develop sustainable offshore aquaculture 5 as a tool to support sustainable marine fisheries and 6 ecosystem-based management; 7 (3) to simplify the Federal regulatory regime 8 for sustainable offshore aquaculture and safeguard 9 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 6191 IH the marine environment, wild fish stocks, and our 1 coastal communities; 2 (4) to support research and technology develop- 3 ment to further these goals; 4 (5) to create new jobs, and support existing 5 jobs within the seafood industry of the United 6 States, including jobs for traditional fishing industry 7 partners; and 8 (6) to reduce the United States seafood trade 9 deficit by expanding the domestic supply of seafood 10 through domestic aquaculture. 11 SEC. 3. DEFINITIONS. 12 (a) IN GENERAL.—In this Act: 13 (1) AQUACULTURE.—The term ‘‘aquaculture’’ 14 has the meaning given such term in section 3 of the 15 National Aquaculture Act of 1980 (16 U.S.C. 2803). 16 (2) AQUACULTURE STAKEHOLDER.—The term 17 ‘‘aquaculture stakeholder’’ means owners and opera- 18 tors of offshore aquaculture facilities, Regional Fish- 19 ery Management Councils, conservation organiza- 20 tions, fisheries associations, State, county, and Trib- 21 al governments, and other interested stakeholders. 22 The term also includes other Federal agencies that 23 have interests in aquaculture. 24 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 6191 IH (3) COASTAL STATE.—Except as otherwise spe- 1 cifically provided, the term ‘‘coastal State’’ has the 2 meaning given the term ‘‘coastal state’’ in section 3 304(4) of the Coastal Zone Management Act of 4 1972 (16 U.S.C. 1453(4)). 5 (4) BROODSTOCK.—The term ‘‘broodstock’’ 6 means individuals of any aquatic species maintained 7 for the purpose of propagating, reestablishing, or en- 8 hancing a supply of stock to be reared for offshore 9 aquaculture. The term includes individuals collected 10 from the wild at any life history stage and reared in 11 captivity. 12 (5) CULTURED SPECIES.—The term ‘‘cultured 13 species’’ means any aquatic species propagated from 14 broodstock and transferred to a marine aquaculture 15 facility or species that self-recruit in the offshore en- 16 vironment. The term excludes any member of the 17 class aves, reptilia, or mammalia. 18 (6) EXCLUSIVE ECONOMIC ZONE.— 19 (A) IN GENERAL.—Unless otherwise speci- 20 fied by the President in the public interest in 21 a writing published in the Federal Register, the 22 term ‘‘exclusive economic zone’’ means a zone, 23 the outer boundary of which is 200 nautical 24 miles from the baseline from which the breadth 25 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 6191 IH of the territorial sea is measured (except as es- 1 tablished by a maritime boundary treaty in 2 force or being provisionally applied by the 3 United States or, in the absence of such a trea- 4 ty, where the distance between the United 5 States and another country is less than 400 6 nautical miles, a line equidistant between the 7 United States and the other country). 8 (B) INNER BOUNDARY.—Without affecting 9 any Presidential proclamation with regard to 10 the establishment of the United States terri- 11 torial sea or exclusive economic zone, the inner 12 boundary of the exclusive economic zone is— 13 (i) in the case of the coastal States, a 14 line coterminous with the seaward bound- 15 ary of each such State, as described in sec- 16 tion 4 of the Submerged Lands Act (43 17 U.S.C. 1312); 18 (ii) in the case of the Commonwealth 19 of Puerto Rico, a line 3 marine leagues 20 from the coastline of the Commonwealth of 21 Puerto Rico; 22 (iii) in the case of American Samoa, 23 the United States Virgin Islands, and 24 Guam, a line 3 geographic miles from the 25 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 6191 IH coastlines of American Samoa, the United 1 States Virgin Islands, or Guam, respec- 2 tively; 3 (iv) in the case of the Commonwealth 4 of the Northern Mariana Islands— 5 (I) the coastline of the Common- 6 wealth of the Northern Mariana Is- 7 lands, until the Commonwealth of the 8 Northern Mariana Islands is granted 9 authority by the United States to reg- 10 ulate all fishing to a line seaward of 11 its coastline; and 12 (II) upon the United States 13 grant of such authority, the line es- 14 tablished by such grant of authority; 15 or 16 (v) for any possession of the United 17 States not under clause (ii), (iii), or (iv), 18 the coastline of such possession. 19 (C) CONSTRUCTION.—Nothing in this defi- 20 nition may be construed to diminish the author- 21 ity of the Department of Defense, the Depart- 22 ment of the Interior, or any other Federal de- 23 partment or agency. 24 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 6191 IH (7) HEALTHY TARGET STOCK.—The term 1 ‘‘healthy target stock’’ means a component of a fish- 2 ery targeted for harvest that is not overfished or ex- 3 periencing overfishing and that is managed to 4 achieve a target not to exceed a level consistent with 5 maximum sustainable yield, taking into account any 6 relevant economic, social, or ecological factor. 7 (8) LESSEE.—The term ‘‘lessee’’ means any 8 party to a lease, right-of-use and easement, or right- 9 of-way, or an approved assignment thereof, issued 10 pursuant to the Outer Continental Shelf Lands Act 11 (43 U.S.C. 1331 et seq.). 12 (9) OFFSHORE AQUACULTURE.—The term ‘‘off- 13 shore aquaculture’’ means aquaculture conducted in 14 the exclusive economic zone. 15 (10) OFFSHORE AQUACULTURE FACILITY.—The 16 term ‘‘offshore aquaculture facility’’ means— 17 (A) an installation or structure used, in 18 whole or in part, for offshore aquaculture; or 19 (B) an area of the seabed, water column, 20 or the sediment used for offshore aquaculture. 21 (11) SECRETARY.—Except as otherwise specifi- 22 cally provided, the term ‘‘Secretary’’ means the Sec- 23 retary of Commerce, acting through the Under Sec- 24 retary of Commerce for Oceans and Atmosphere. 25 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 6191 IH (12) SECRETARIES.—The term ‘‘Secretaries’’ 1 means the Secretary of Agriculture and the Sec- 2 retary of Commerce. 3 (13) SUSTAINABLY MANAGED FISHERY.—The 4 term ‘‘sustainably managed fishery’’ means a fishery 5 that is managed in such a manner to maintain 6 healthy target stocks, to protect marine ecosystem 7 structure, productivity, function, and diversity, and 8 to minimize impacts to nontarget stocks. 9 (b) AQUACULTURE DEFINED.—Section 3 of the Na- 10 tional Aquaculture Act of 1980 (16 U.S.C. 2803) is 11 amended by striking paragraph (1) and inserting the fol- 12 lowing: 13 ‘‘(1) The term ‘aquaculture’ means any activity 14 involved in the propagation, rearing, or attempted 15 propagation or rearing, of cultured species.’’. 16 TITLE I—NATIONAL STANDARDS 17 SEC. 101. NATIONAL STANDARDS FOR SUSTAINABLE OFF- 18 SHORE AQUACULTURE. 19 (a) IN GENERAL.—Any regulation promulgated to 20 implement this Act, any permit issued under this Act, and 21 any assessment or impact statement required by the Na- 22 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 23 et seq.) for activities proposed under this Act shall be con- 24 VerDate Sep 11 2014 22:06 Mar 23, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 6191 IH sistent with the following national standards for sustain- 1 able offshore aquaculture: 2 (1) Sustainable offshore aquaculture shall 3 strengthen coastal and marine ecosystems by reduc- 4 ing pressure on fisheries, enhancing essential fish 5 habitat, preserving water quality, or enhancing na- 6 tive stocks. 7 (2) Sustainable offshore aquaculture shall be 8 based on the best scientific information available. 9 (3) Sustainable offshore aquaculture shall avoid 10 adverse environmental impacts to coastal and marine 11 ecosystems, especially with regard to habitat, and 12 water quality, caused by disease, escapements, and 13 the effects of nonnative species. 14 (4) Sustainable offshore aquaculture shall 15 prioritize feeds sourced from sustainable ingredients 16 and avoid using feeds harvested from illegal, unre- 17 ported, and unregulated fishing. 18 (5) Sustainable offshore aquaculture shall be 19 conducted to minimize impacts, to the extent prac- 20 ticable, on other uses of the exclusive economic zone 21 by Federal and non-Federal entities. 22 (6) Sustainable offshore aquaculture shall take 23 into account the importance of fishery resources to 24 fishing communities in order to, to the extent prac- 25 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 6191 IH ticable, minimize adverse economic impacts on such 1 communities. 2 (7) Sustainable offshore aquaculture manage- 3 ment measures shall, to the maximum extent prac- 4 ticable, minimize costs and avoid unnecessary dupli- 5 cation. 6 (8) Sustainable offshore aquaculture manage- 7 ment measures shall avoid unnecessary risks to 8 human life and the safety of human life at sea. 9 (b) GUIDELINES.—The Secretary shall establish advi- 10 sory guidelines (which shall not have the force and effect 11 of law), based on the national standards, to assist in the 12 preparation of any application for a permit under this Act, 13 or assessment or impact statement required under the Na- 14 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 15 et seq.) for activities proposed under such Act. 16 TITLE II—CORE ACTIVITIES 17 SEC. 201. OFFSHORE AQUACULTURE PERMITS. 18 (a) IN GENERAL.—After the Secretary promulgates 19 final regulations under section 404(a), the Secretary may 20 issue an offshore aquaculture permit if the Secretary de- 21 termines that— 22 (1) the proposed offshore aquaculture facility, 23 type of aquaculture operation, and cultured species 24 are consistent with the purposes in section 2 and the 25 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 6191 IH national standards for sustainable offshore aqua- 1 culture in section 101; 2 (2) the applicant is able to comply with this Act 3 and any terms and conditions prescribed under sec- 4 tion 404(a), is financially responsible, and will oper- 5 ate the offshore aquaculture facility using the best 6 practicable technology and maintain it in good work- 7 ing order; and 8 (3) issuance of the offshore aquaculture permit 9 is not prohibited under section 408. 10 (b) AUTHORIZED ACTIVITIES.—An offshore aqua- 11 culture permit holder shall be authorized to conduct off- 12 shore aquaculture consistent with— 13 (1) this Act, including regulations promulgated 14 to carry out this Act; 15 (2) other applicable provisions of law, including 16 regulations; and 17 (3) any terms or conditions imposed by the Na- 18 tional Oceanic and Atmospheric Administration. 19 (c) PERMIT PROCEDURE.— 20 (1) APPLICATION.—An applicant for an off- 21 shore aquaculture permit shall submit an application 22 to the Secretary. The application shall specify— 23 VerDate Sep 11 2014 22:19 Mar 20, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6191.IH H6191 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 6191 IH (A) the proposed location of the offshore 1 aquaculture facility and the location of any on- 2 shore facilities; 3 (B) the type of aquaculture operations that 4 will be conducted at all facilities described in 5 subparagraph (A); 6 (C) the cultured species, or a specified 7 range of species, to be propagated or reared, or 8 both, at the offshore aquaculture facility; 9 (D) the ways in which the permit holder 10 will comply with the national standards for sus- 11 tainable offshore aquaculture described in sec- 12 tion 101 [Text truncated for display. Full text available on Congress.gov.]