(1) A region by region permitting process for certain federally regulated finfish
species in the region that nominally exists, but is currently being fleshed out
from an operational standpoint and remains untested, and
(2) An individual lead federal agency permitting process for shellfish (and possibly
finfish) that is emerging and may be used to locate a commercial farm anywhere
in federal waters (the next case study), though questions remain regarding its
long-term viability.
This section addresses the regional approach to permitting commercial aquaculture in the EEZ. As background, the recent Congressional history of attempts to
legislate an overarching national framework to site aquaculture in federal waters is
described. Initial actions by the Regional Fishery Management Councils to plan and
develop fish farming in the EEZ are highlighted. The permitting process formulated
by the Gulf of Mexico Regional Fishery Management Council is described in detail.
Finally, permitting and leasing processes successfully used in state waters by Maine
and Hawaii for more than 15 years are briefly described to contrast with the federal
effort.
9.3.2.1 Background
Legislation to establish a federal regulatory system that provides a comprehensive
nationwide approach (not regional) for permitting and management of EEZ aquaculture was introduced by previous Administrations and members of Congress on
numerous occasions over the past 10 years. Bills were introduced in the 2005,
2007, 2009, 2011 sessions and a bill was in preparation for the 2013 session, but
was halted with the death of the author. In all instances, the National Oceanic and
Atmospheric Administration (NOAA), U.S. Department of Commerce (USDOC)
was the designated lead agency for national marine aquaculture research and
development and specifically for implementing a permit process for commercial
farming in the entire U.S. EEZ.
The general purpose of all the bills was three fold: (1) support the development
of a sustainable marine offshore industry, (2) safeguard the marine environment and
coastal communities, and (3) support research and development to further industry
expansion. All the bills were comprehensive in structure and virtually all the
measures included sections on: Definitions, Administration, Office of Sustainable
Marine Aquaculture, Marine Aquaculture Research and Development, Offshore
Aquaculture Permits, Prohibitions by Coastal States, Recordkeeping and Access to
Information, Protections for Marine Environment, Unlawful Activities,
Enforcement Provisions, Civil Enforcement and Permit Sanctions, Criminal
Offenses, Forfeitures, Severability, and Judicial Review, and Authorization of
Appropriations. For a bill example see the National Offshore Aquaculture Act of
2007 (GCFMC 2014b). None of these measures passed due largely to opposition by
environmental groups (Non-Governmental Organizations) and sympathetic members of Congress (Jeffs 2013; Angel and Edelist 2013).
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J.S. Corbin et al.
species in the region that nominally exists, but is currently being fleshed out
from an operational standpoint and remains untested, and
(2) An individual lead federal agency permitting process for shellfish (and possibly
finfish) that is emerging and may be used to locate a commercial farm anywhere
in federal waters (the next case study), though questions remain regarding its
long-term viability.
This section addresses the regional approach to permitting commercial aquaculture in the EEZ. As background, the recent Congressional history of attempts to
legislate an overarching national framework to site aquaculture in federal waters is
described. Initial actions by the Regional Fishery Management Councils to plan and
develop fish farming in the EEZ are highlighted. The permitting process formulated
by the Gulf of Mexico Regional Fishery Management Council is described in detail.
Finally, permitting and leasing processes successfully used in state waters by Maine
and Hawaii for more than 15 years are briefly described to contrast with the federal
effort.
9.3.2.1 Background
Legislation to establish a federal regulatory system that provides a comprehensive
nationwide approach (not regional) for permitting and management of EEZ aquaculture was introduced by previous Administrations and members of Congress on
numerous occasions over the past 10 years. Bills were introduced in the 2005,
2007, 2009, 2011 sessions and a bill was in preparation for the 2013 session, but
was halted with the death of the author. In all instances, the National Oceanic and
Atmospheric Administration (NOAA), U.S. Department of Commerce (USDOC)
was the designated lead agency for national marine aquaculture research and
development and specifically for implementing a permit process for commercial
farming in the entire U.S. EEZ.
The general purpose of all the bills was three fold: (1) support the development
of a sustainable marine offshore industry, (2) safeguard the marine environment and
coastal communities, and (3) support research and development to further industry
expansion. All the bills were comprehensive in structure and virtually all the
measures included sections on: Definitions, Administration, Office of Sustainable
Marine Aquaculture, Marine Aquaculture Research and Development, Offshore
Aquaculture Permits, Prohibitions by Coastal States, Recordkeeping and Access to
Information, Protections for Marine Environment, Unlawful Activities,
Enforcement Provisions, Civil Enforcement and Permit Sanctions, Criminal
Offenses, Forfeitures, Severability, and Judicial Review, and Authorization of
Appropriations. For a bill example see the National Offshore Aquaculture Act of
2007 (GCFMC 2014b). None of these measures passed due largely to opposition by
environmental groups (Non-Governmental Organizations) and sympathetic members of Congress (Jeffs 2013; Angel and Edelist 2013).
196
J.S. Corbin et al.