Report on offshore aquaculture by Government Accountability Office

(a) In general Not later than 5 years after the date on which the Administrator establishes the assessment program under section 201, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report examining the permitting, monitoring, and regulation of offshore aquaculture that covers the 15-year period prior to the program’s establishment and the time period since the program’s establishment. (b) Bases of report The Comptroller General shall base the report required by subsection (a) on available literature, case studies, and aquaculture stakeholder input. (c) Elements of report The report required by subsection (a) shall— (1) assess the feasibility and potential positive and negative implications of designating a lead agency to issue permits for offshore aquaculture operations in a timely manner; (2) identify lessons learned during the period described in subsection (a) with respect to— (A) the effect of offshore aquaculture type, location, and regulatory framework on the success of offshore aquaculture projects; (B) the degree of involvement of coastal or adjacent States or Tribal or Indigenous communities in consultations for, planning for, or operations of offshore aquaculture; (C) safety protocols and risk mitigation measures for the permitting and oversight processes for offshore aquaculture, including— (i) escape prevention measures; (ii) emergency event response planning; (iii) compliance monitoring, particularly in remote locations; (iv) compliance with Federal laws; (v) mechanisms for reporting to appropriate Federal authorities; and (vi) vessel navigation aids to ensure navigational safety; (D) the effect of incentives to reduce adverse effects or disparate impacts from offshore aquaculture operations; (E) building and optimizing synergies between offshore aquaculture and wild-caught fishing activities, or offshore, nearshore, and onshore aquaculture activities, including market development, increasing seafood consumption, and shared infrastructure; (F) the environmental effects of offshore aquaculture operations, including mechanisms to prevent harm to the environment, wildlife, or human well-being; (G) the net economic and social benefits of offshore aquaculture projects, particularly for nearby communities, specially affected coastal jurisdictions as defined in section 202(e), and aquaculture and fishery stakeholders, based on project size, regulatory structures, and financing structures; (H) the impact of introducing offshore aquaculture products to the marketplace on supply and demand for wild-capture fisheries products, and methods for ensuring resiliency and growth for both offshore aquaculture and wild-capture fisheries products; (I) mechanisms to enhance capital investment, workforce development, and equitable opportunity requirements or assistance programs in the permitting process for offshore aquaculture, or to diversify permit applicants; (J) outstanding needs for continued research, development, education activities, programs, and funding regarding— (i) offshore aquaculture projects; and (ii) development of the domestic workforce and entrepreneurship related to offshore aquaculture; (K) the economic potential for both large- and small-scale offshore aquaculture operations to generate a positive return on investment under various regulatory and financing structures; (L) the applicability and sufficiency of existing regulatory systems for offshore aquaculture; and (M) existing local, State, Federal, and foreign regulatory standards that may serve as models for efficient and effective regulation of offshore aquaculture; and (3) include such recommendations as the Comptroller General may have with respect to future offshore aquaculture operations, including with respect to— (A) regulatory processes necessary for permitting, monitoring, and oversight, including processes and techniques related to siting, deployment, operations, and decommissioning; (B) potential safeguards, data collection, or monitoring required to minimize disparate impacts on specially affected coastal jurisdictions (as defined in section 202(e)), fishery stakeholders, local economies, marine environments, and existing domestic economic sectors; (C) mechanisms for optimizing coordination among Federal agencies with a role in permitting or supporting offshore aquaculture without compromising the goals of such permitting; (D) methods for effectively involving aquaculture stakeholders, including— (i) specially affected coastal jurisdictions (as defined in section 202(e)); (ii) local communities; (iii) regional offshore waters users and management groups, including regional fishery management councils; and (iv) users of local, State, Tribal, and Federal waters and coastal resources; (E) best practices for incorporating local knowledge, including from Tribal or Indigenous communities; (F) capabilities of Federal agencies that are necessary for effective regulation of the offshore aquaculture sector; and (G) how creating private rights of action or waiving sovereign immunity would affect the development of offshore aquaculture projects and the acceptance of such projects by nearshore and offshore waters user groups and coastal communities.