Permits for demonstration projects for offshore aquaculture facilities

(a) Issuance of permits After the Administrator establishes the assessment program under section 201, the Administrator shall issue permits for commercial-scale demonstration projects for proposed offshore aquaculture facilities in furtherance of the assessment program. (b) Eligibility requirements To be eligible for the issuance of a permit under subsection (a), a demonstration project is required to— (1) advance the objective described in section 201(a); (2) cultivate only native or historically naturalized species that pose a minimal threat of harm to wildlife and the ecosystem in which the project is located; (3) ensure that there will be no intentional culture, propagation, or release of genetically modified organisms if such organisms present a material risk of harmful ecological, genetic, or disease impacts that is greater than such risk associated with conventional stock; (4) incorporate design and operational practices that minimize the risk of escape, adverse wildlife impacts (including entanglement), adverse impacts to navigation, and adverse pollution impacts; (5) develop an escape response and infrastructure loss or damage plan that minimizes the impact of any escapes or infrastructure loss or damage on the marine environment, including wild populations and fishery resources, and on other uses of the water body in which the project is located; (6) comply with all applicable requirements, including— (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the Clean Water Act); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (C) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); and (D) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (7) maximize compatibility with, and prevent or minimize displacement of, existing uses and users of the marine environment in the near vicinity of where the project is located; and (8) conform to best practices to minimize the use of therapeutants and pharmaceuticals, including antibiotics, and minimize the release of such substances into the environment. (c) Authorized activities A person that holds a permit for a demonstration project issued under subsection (a) may conduct offshore aquaculture for commercial sale consistent with this Act, including regulations promulgated by the Administrator to carry out this Act. (d) Applications A person seeking a permit for a demonstration project shall submit to the Administrator an application that specifies— (1) the proposed location of the offshore aquaculture facility and the location of on-shore facilities used for propagation or rearing of cultured species, such as hatcheries, nurseries, or research operations; (2) the proposed type of aquaculture gear that will be used at facilities described in paragraph (1); (3) the cultured species to be propagated or reared, or both, at the offshore aquaculture facility; (4) (A) the source of eggs, larvae, or juvenile cultured species that will be used in offshore aquaculture operations; (B) an analysis of the likely ecosystem impacts of such operations, such as the risk of escapes, adverse wildlife impacts, risk of pollution, and spread of pathogens; and (C) the information upon which the analysis was based; (5) plans to respond to— (A) a natural disaster; (B) an escape; (C) disease; (D) loss or damage to infrastructure; (E) entanglements; and (F) other circumstances designated by the Administrator; and (6) such other design, construction, and operational information as the Administrator may require to ensure the integrity of the operations and contingency planning. (e) Notice, public comment, and recommendations (1) In general Not later than 90 days after receiving an application under this section, the Administrator shall— (A) conduct a preliminary review to determine whether the application is complete and complies with the requirements of this Act and other applicable Federal law; (B) for each application that the Administrator has determined is incomplete or does not comply with the requirements of this Act and other applicable Federal law, provide to the applicant a notice that specifies modifications to the application and the opportunity for resubmission; (C) for each complete application that the Administrator has determined complies with the requirements of this Act and other applicable Federal law under subparagraph (A), publish in the Federal Register, and provide to the Governor or Tribal leader of each specially affected coastal jurisdiction, the application; and (D) for a period of 60 days, invite and consider all public comments, and recommendations to modify the application or to deny the permit from any Governor or Tribal leader of a specially affected coastal jurisdiction designated under this subsection, on applications for permits described in subparagraph (C). (2) Specially affected coastal jurisdiction In this subsection, the term specially affected coastal jurisdiction means any coastal State or Indian Tribe— (A) the land, Tribal land, or waters of which— (i) are adjacent to the Federal waters in which the project will be conducted; and (ii) are used, or are scheduled to be used, as a support base for the project; and (B) for which there is a reasonable probability of significant effect on uses of land, Tribal land, or water from the project. (3) Designation of a specially affected coastal jurisdiction The Administrator shall establish a mechanism for identifying and designating, with respect to each application for a demonstration project received under this section, the adjacent specially affected coastal jurisdiction or jurisdictions. (f) Priority consideration In considering applications for permits for demonstration projects under this section, the Administrator shall give priority consideration to applications for demonstration projects— (1) owned or operated by applicants who can demonstrate that the demonstration project will directly benefit individuals who are already participating in the agricultural, wild-caught fishery, or aquaculture industries who have been negatively impacted by the COVID–19 pandemic, natural disasters, or major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or (2) sited within an Aquaculture Opportunity Area identified by the Secretary of Commerce in accordance with section 7 of Executive Order 13921 (16 U.S.C. 1801 note; relating to promoting American seafood competitiveness and economic growth). (g) Socioeconomic data In considering applications for permits for demonstration projects under this section, and to support the study described in section 401, the report required by section 402, and the assessment program established under section 201, the Administrator shall collect quantitative and qualitative socioeconomic data associated with the owner or operator of, and communities employed or otherwise affected by, each demonstration project. (h) Decisions with respect to issuance, deferral, or denial (1) In general Not later than 90 days after the conclusion of the period for public comments under subsection (e) with respect to an application for a permit for a demonstration project under this section, the Administrator shall— (A) issue the permit, if the Administrator determines the application complies with the requirements of this Act and other applicable law; (B) if the Administrator determines that the application does not comply with the requirements of this Act and other applicable law, or if the Administrator approves recommendations for modifications under subsection (e), and the application can be modified to comply with those requirements— (i) defer the decision on the permit; and (ii) provide to the applicant a notice that specifies modifications to the proposed demonstration project needed for a permit to be issued and a timeline for resubmission and additional agency review; or (C) if the Administrator determines that the application does not comply with the requirements of this Act and other applicable law, and that the application cannot be modified to comply with such requirements, or if the Administrator has approved a recommendation to deny the permit under subsection (e), deny the permit and provide a justification for the denial. (2) Other approval (A) In general An application for a permit for a demonstration project under this section shall be considered approved, as if a permit for the application had been issued under paragraph (1)(A), if— (i) the Administrator has determined under subsection (e)(1)(A) that the application is complete and complies with the requirements of this Act and all other applicable Federal law; (ii) the period for public comments under subsection (e)(1)(D) has ended; (iii) no recommendation for modifying the application or denying the permit has been received under subsection (e)(1)(D); and (iv) the Administrator does not take action under subparagraph (A), (B), or (C) of paragraph (1) before the date that is 90 days after the conclusion of the period for public comments under subsection (e)(1)(D) with respect to the application. (B) Process The Administrator shall establish a process for the approval of applications under this paragraph. (i) Effective period A permit for a demonstration project issued under this section— (1) shall be in effect during the 10-year period beginning on the date on which the project begins in-water operations; and (2) may be renewed as provided by subsection (j). (j) Renewal (1) In general The Administrator may renew a permit, that has not been revoked, for a demonstration project issued under this section for an additional 10-year period after the 10-year period described in subsection (i)(1) if— (A) the owner or operator of the project submits to the Administrator a proposal for renewal of the permit by a date determined by the Administrator; and (B) the Administrator determines that the permit, as modified by the proposal, remains in compliance with the requirements described in subsection (b)(1). (2) Notice and public comment The Administrator shall— (A) publish in the Federal Register a notice summarizing each proposal received under paragraph (1) with respect to the renewal of a permit; (B) invite public comments for a period of not less than 60 days regarding each such proposal; and (C) consider such comments in determining whether to approve the renewal of the permit. (3) Renewal determination Not later than 90 days after the conclusion of the period for public comments under subsection (e) with respect to an application for a renewal permit for a demonstration project under this section, the Administrator shall— (A) issue the renewal permit, if the Administrator determines the application complies with the requirements of this Act and other applicable law; (B) if the Administrator determines that the application does not comply with the requirements described in subparagraph (A), and the application can be modified to comply with those requirements— (i) defer the decision on the renewal permit; and (ii) provide to the applicant a notice that specifies modifications to the proposed demonstration project needed for a permit to be issued and a timeline for resubmission and additional agency review; or (C) if the Administrator determines that the application does not comply with the requirements described in subparagraph (A) and that the application cannot be modified to comply with such requirements, deny the permit and provide a justification for the denial. (k) Authority To modify or terminate participation of demonstration projects and order removal of facilities The Administrator may require modifications to a demonstration project for which a permit is issued under this section, terminate such a permit, or order the removal of an offshore aquaculture facility authorized to operate under such a permit, if— (1) (A) the project incurs an incident involving a death or serious personal injury and the Administrator determines that negligence of the project operator was the cause of or a contributing factor to the incident; (B) operation of the project results in take of endangered species or marine mammals in excess of take authorized pursuant to— (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (ii) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); (C) the owner or operator of the project fails to comply with all of the terms and conditions of— (i) the permit; or (ii) modifications required by the Administrator under this subsection; or (D) the Administrator determines that operation of the demonstration project would be unsafe or result in unacceptable negative impacts to— (i) the marine environment; (ii) nearby human communities; or (iii) other users of the water body in which the project is located; and (2) before requiring a modification to the demonstration project, terminating the permit, or ordering the removal of the offshore aquaculture facility— (A) the Administrator provides a warning notice to the owner or operator of the project; and (B) the owner or operator is given an opportunity to address the Administrator's concerns. (l) Coastal Zone Management Act review The submission of an application for a permit for a demonstration project under this section shall trigger the right of review by a coastal State under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (m) Fishing access and coordination (1) In general In carrying out this section, the Administrator shall consider the effects of offshore aquaculture facilities on fishing access and opportunities in adjacent public waters and, to the maximum extent practicable consistent with applicable law, seek to minimize unnecessary adverse impacts on fishing access and use. (2) Coordination The Administrator shall coordinate, as appropriate, with the Commandant of the Coast Guard and other relevant Federal agencies regarding navigational safety measures associated with offshore aquaculture facilities authorized under this section. (3) Administrative record The Administrator shall include in the administrative record for a permit issued under this section a description of any known fishing access impacts and any measures identified to avoid or minimize such impacts.