Regulation of Offshore Aquaculture Amendment

GENERIC AMENDMENT TO REGULATE OFFSHORE AQUACULTURE • Reasons for Implementation: • To allow commercial aquaculture, as current legal opinion indicates it constitutes fishing under M-SA, and cannot be done without an authorizing amendment • To regulate the aquaculture process with the best management practices (BMP) possible to assure the process does not adversely affect the environment

Purposes of Scoping Hearings: • To solicit recommendations for the alternatives that will result in the BMP possible • To acquaint persons with current federal rules regulating aquaculture • To discuss environmental, social, or other effects of aquaculture practices • To specify the fishery stocks that may be cultured • Determine whether an EA or EIS should be used

6.0 POSSIBLE ALTERNATIVES FOR CONSIDERATION 6.1 Implementation of an Aquaculture Amendment Alternatives: a. Preferred Alternative: Proceed with implementation of a generic amendment to allow offshore marine aquaculture in the Gulf EEZ. b. Status Quo , do not develop the generic amendment.

6.2 Scope of the Amendment a. Include all the species in the FMPs for Reef Fish, Red Drum, and Coastal Migratory Pelagics. b. Reduce the scope of the amendment to include only certain fisheries or certain species (See alternatives under 6.3 and 6.4). c. Broaden the scope of the amendment to include other marine aquaculture systems other than cages and pens, for example, offshore culture of coral, live rock, and sponges. d. Broaden the scope of the amendment to include other fisheries, for which the Council or NMFS has an FMP. (See alternatives under 6.3 and 6.4) e. Broaden the scope of the amendment to provide for capture of live brood fish from the Gulf EEZ for use in spawning eggs to produce the stock used in the marine aquaculture facility.

6.2 Scope of the Amendment continued f. Broaden the scope of the amendment to allow establishing marine aquaculture areas where both bottoms and water columns can be utilized for marine aquaculture and other uses of the areas may be restricted. Multiple marine aquaculture facilities would be located in this area and excluded from buffer areas around the marine aquaculture area. g. Broaden the scope to specifically allow the use of certain gear to be used for collection of brood stock either (1) under observer supervision; or (2) with no such supervision. Gears allowed could include, but not be limited to, fish traps, gill nets, etc. h. Broaden the scope to provide for creation of buffer zones for marine aquaculture facilities within which private vessels would be prohibited or regulated under the permit for the marine aquaculture facility.

6.2 Scope of the Amendment continued i. Broaden the scope to provide for “open ocean marine aquaculture systems” as defined in Section 5.1 by Drs. Kolian and Sammaro. j. Broaden the scope to include all marine aquaculture species cultured in the Gulf that may impact species managed by the Council.

6.3 FMPs Included Alternatives: a. Include all 7 FMPs completed by the Council and the NMFS Highly Migratory Species FMP. b. Include only Reef Fish, Red Drum, and Coastal Migratory Pelagic FMPs in the amendment, (if only finfish are selected as proposed in previous discussions). c. Add one or more of the following FMPs in the amendment: shrimp, spiny lobster, stone crab and/or coral (if crustaceans or coral are selected).

6.3 FMPs Included continued d. Exclude one or more of the FMPs listed above from inclusion in the amendment. e. Include those species managed under new FMPs. f. Include those species added to existing FMPs.

6.4 Stocks Included Alternatives: a. Allow any of the stocks in the management unit of the FMPs included in this amendment to be cultured in the Gulf EEZ. b. Only allow culture of those stocks listed in sections 5.2 and/or 5.3 as having potential for cultures. c. Selectively list stocks for each FMP that should be allowed to be cultured in the EEZ.

6.4 Stocks Included continued • d. Prohibit the culture of species that may affect other species being • managed by the Council. • e. Include all or part of stocks managed by the Highly Migratory • Species Branch of NMFS, provided NMFS concurs, i.e., tunas, sharks, • swordfish, and billfish. • Alternatives Considered But Rejected by Council • Prohibit culture of stocks that may result in significantly depressing the • ex-vessel value of wild fish.

6.5.1 Best Management Protection (BMP) • Proposed BMPs be developed for each type of EEZ fishery • See Section 6.6 for BMP for case or pen culture • 6.5.2 Siting the Marine Aquaculture Facility • Stresses the importance of properly siting the facility to avoid adverse effects on the environment • Cites Appendix D as source of EPA requirements for properly siting the facility

6.5.3 Permit Requirements Potential alternative requirements for this section include the following: a. Require a NMFS permit under the Council amendment to operate a marine aquaculture culture facility in the Gulf EEZ for species managed under FMPs included in this amendment under section 6.4 or for species that may impact a species under section 6.4. As a condition of the permit, NMFS and its agents will have authority to inspect the marine aquaculture facility. b. Require all permit applicants for permits to indicate the actions they will take to comply with the provision of the Council’s Marine Aquaculture Policy (Appendix B) that are applicable to offshore aquaculture. c. Require all permit applicants to provide NMFS copies of their COE and EPA permits and applications and the documentation for these permits submitted by the applicant to the COE and EPA, including EAs and EISs.

6.5.3 Permit Requirements continued d. As a condition of the marine aquaculture permit, NMFS will require the applicant to provide an environmental assurance bond. e. Require permits for both persons (or firms) spawning brood stock and those raising fingerlings or juveniles. f. The harvest of brood fish out-of-season and/or with prohibited gear will be allowed only under an exempted fishing permit (EFP) issued by the NMFS. g. Require permit applicants to identify all species they propose to culture when the permit is initially issued. h. Require the permits be amended when aquacultural systems are changed and additional species are to be cultured.

6.5.3 Permit Requirements continued I. Permit holders must notify NMFS of any changes in hatcheries used for providing the fingerlings. j. In addition to federal permits, applicants are required to have the necessary state permits. k. Applicants must identify firms that will do DNA fingerprints of fingerlings and the fingerprints must be made available to NMFS and/or the Council. l. Permits should be issued annually. m. Prohibit any fishing for or possession of wild fish aboard marine aquaculture facilities or its vessels.

6.5.4 Information and Recordkeeping Requirements Potential alternative requirements for this section include the following: a. Require reports by each permittee on each species of fish stocked and harvested (by number and/or pounds) to NMFS Regional Office, along with such other data as specified by the SEFSC Director on reporting forms. b. Require each permittee to notify NMFS, each time, prior to harvesting and transporting fish from the marine aquaculture facility of the following information: landing ports, and the name and.or license number of, transport vessels, aircraft, or vehicles used in transporting the stock, as well as addresses of landing facility, and of the recipient to whom the fish were sold. Written reports on species, weight and number of fish sold must be filed with the SEFSC Director each time fish are sold.

6.5.4 Information and Recordkeeping Requirements continued c. Require each permittee to provide NMFS names and/or documentation/registration numbers of vessels, aircraft, or vehicles they own or lease that will be used in servicing the marine aquaculture facility or transporting fish. d. Require each permittee to specify the source and composition of the feed that will be used. e. Require each permittee to specify their source of fish fingerlings used to stock the facility or for brood stock. f. A condition of renewal of the permit for the aquaculture facility is the timely reporting of all information required, including that on fish harvested and landed from the facility.

6.5.4 Information and Recordkeeping Requirements continued g. All fish landed or harvested from the facility should be reported quarterly to SEFSC (by species and pounds) or the permit will not be renewed. h. Applicants should be required to keep any and all harvest/sale records for at least 3 years and make them available to NMFS law enforcement personnel upon request. I. Transport and service vessels, aircraft, and vehicles should be required to have a copy of the permit on board and/or available for inspection. See Section 6.5.9 for additional recordkeeping requirements.

6.5.5 Operational Management Plan Potential alternative requirements for this section include the following: a. Require the operators to describe any fishing gear necessary for operation and harvest by the marine aquaculture facility and prohibit possession of other fishing gear on the facility’s vessel. b. Require immediate reporting of any operational mishaps, damages, or other incidences that result in marine aquacultured fish being released, and of the number of each species accidentally released. c. Require a program approved by NMFS and EPA to monitor the dissolved oxygen, carbon dioxide, ammonia and other water quality parameters around the marine aquaculture facility. d. Require each permittee to describe their capabilities and plan for dealing with localized hypoxic conditions.

6.5.5 Operational Management Plan continued • e. Require each permittee to specify their operational plans for dealing with hurricanes, vessel collision, fire and structure damage. • f. The Council may create buffer zones (no fishing areas) for marine aquaculture areas provided the rationale supports such zones. • g. The permittee should identify the biological consultant and consultant for fish diseases, and other technical personnel. • h. The permittee should describe the plan for physical maintenance of the aquaculture facility, including navigational aides, underwater inspections and cathodic protection. • I. The permittee should describe in detail the procedures for collection of brood fish, spawning the brood fish and rearing the fingerlings.

6.5.6 Conserving Biodiversity • Potential alternative requirements for this section include the following: • a. Require each applicant for a permit to specify their plan for protecting genetic diversity of wild stocks of the species being cultured. • b. Prohibit the use of species that are threatened, endangered, candidates for threatened species or species for which wild harvest is prohibited. • c. Require the use of brood stock for a marine aquaculture facility that are harvested from the same geographical area as the marine aquaculture facility, to the extent practicable. • d. Require each permittee to specify how culture of species that are threatened, endangered, or candidates for threatened species will benefit restoration of those stocks.

6.5.7 Minimizing Potential for Disease Transmission • Potential alternative requirements for this section include the following: • a. Require each permittee to immediately notify NMFS of any outbreak of disease or parasites that result in significant mortality and the actions they have taken to arrest such outbreak. • b. Require each permittee to identify the antibiotics and other medical compounds they use or may use in treating the fish being raised, and the amount of each compound used whenever the fish are treated. • c. Fingerlings must be certified by the hatchery as disease-free prior to stocking in a marine aquaculture facility. • d. Only medicinal therapeutics approved by FDA may be used.

6.5.7 Minimizing Potential for Disease Transmission continued e. If a disease outbreak occurs, samples of the affected fish must be frozen or refrigerated for later inspection by a fish-disease specialist. f. Require that persons permitted to collect brood stock and spawn them be required to utilize stock in a manner that ensures genetic diversity.

6.5.8 Protected Resource Management Issues Protected alternative requirements for this section include the following: a. The applicant for an aquaculture permit must specify the actions they will take to avoid negative impacts to animals protected under the ESA and MMPA. b. The person holding an aquaculture permit must, at minimum, carry out the monitoring program for threatened and endangered species, and marine mammals set forth in Appendix E.

6.5.9 Environmental Monitoring and Enforcement Issues Protected alternative requirements for this section include the following: a. The applicant for an aquaculture permit must specify the actions they will take in monitoring the environmental impacts of their aquaculture operation. b. The person holding an aquaculture permit must, at minimum, carry out the EPA monitoring program set forth in Appendix D. c. Quarterly reports will be filed with NMFS on: (1) substrate and water quality monitoring as provided for in Appendix D; (2) any disease occurrence; (3) any use of medicinal therapeutics; (4) changes in faunal composition of substrates; (5) summaries of events related to escapement of fish, damage to cages or pens and marine mammal and endangered species interaction during that quarter;

6.5.9 Environmental Monitoring and Enforcement Issues continued d. NMFS must be immediately notified of any of the following events: (1) large scale escapement, i.e., loss of 10% of fish in cage or pen; (2) damage to cages or facility; (3) major disease outbreak; or (4) entanglements or other serious interactions with marine mammals or endangered species. e. Not less than 24 hours prior to harvest, provide the following information to NMFS Law Enforcement Office: (1) date, port, and facility at which harvested fish or other marine aquaculture product will be landed, and (2) names and phone numbers of licensed dealers receiving the fish and of any firm transporting the fish by truck. f. Require fish be maintained with heads and fins intact through landing ashore.

6.5.9 Environmental Monitoring and Enforcement Issues continued g. Fish will be packed in standard 100-pound transport boxes and iced or held in live-haul containers. The boxes or containers will be labeled identifying the harvested species, the aquaculture firm, and the receiving firm. h. The applicant must provide the names, phone numbers, and mailing addresses of captains and vessel owners to NMFS law enforcement personnel as well as the vessel documentation number or state registration number for all vessels that will be transporting fish or performing services for the aquaculture facility. They should also provide vehicle and aircraft identification information.

APPENDICES APPENDIX A (CORPS OF ENGINEERS LETTER) APPENDIX B (GULF COUNCIL’S MARINE AQUACULTURE POLICY) APPENDIX C (NMFS EXEMPTED FISHING PERMIT) APPENDIX D (EPA MONITORING PROGRAM) APPENDIX E (ESA/MARINE MAMMALS ISSUES) APPENDIX F (NMFS 5-YEAR STRATEGIC PLAN) APPENDIX G (NMFS CODE OF CONDUCT FOR AQUACULTURE)

Regulation of Offshore Aquaculture Amendment