National marine aquaculture policy statements by the Department of Commerce
and NOAA emerged and were adopted in 2011. It is notable that the NOAA policy
changed direction and supported a regional approach (rather than a national
approach) and provided extensive regulatory and operational guidance to the
Fishery Councils (NOAA 2011). Unfortunately, it took until 2014 for NOAA to
draft and put out Rules to implement the Gulf Plan that the Agency has touted as the
model for the other Councils. Many in the industry attribute this long delay to the
key leadership positions in NOAA having environmental concerns with marine
aquaculture in federal waters(not supported by science), as well as lobbying by
anti-aquaculture NGO groups (Angel and Edelist 2013).
The comment period on the Proposed Rules closed on October 27, 2014 and at this
writing no firm time table currently exists for adoption. Therefore, the Proposed Rules
will be used as the basis for describing the regional regulatory framework and process
being considered by the U.S. to regulate aquaculture in the EEZ. (Note to the Reader:
During the preparation of this book NOAA adopted the Proposed Rule discussed in
this Chapter on January 11, 2016. On Febuary 16, 2016 a broad coalition of environmental and fishery interest groups filed a law suit challenging the Rule, which
stopped further implementation and will be adjudicated in 2017. See the website of the
Gulf of Mexico Fishery Management Council for an update on the situation.)
9.3.2.3 The Gulf Council Permit Process
Adoption of the Proposed Rules for the Gulf Council Plan will put in place a permit
process to allow commercial aquaculture of species regulated by the Council in the
federal waters of the Gulf of Mexico. To highlight the major aspects of the proposed process, the following are discussed: core terms, application description,
process description, consultation requirements, and operational and monitoring
requirements. Those readers interested in more detail should go to the original
documents (GMFMC and NOAA 2009; GMFMC 2014a).
Core Terms
There was much deliberation of the Plan and permit content by the Gulf Council
and input from the public; namely the core terms of placing limits on annual
production, species covered, the initial permit term and the renewal process, the
permit costs, and the requirements to obtain an assurance bond sufficient for
removal of the project.
These extended discussions were largely prompted by concerns raised by the
environmental community and the Gulf fishing industry. Notably, it was recognized
by the Council that changes would be needed as experience was gained and they
included in the Plan an adaptive management mechanism that could allow changes
to be made, e.g., to core Plan terms and the Rules (GMFMC and NOAA 2009).
Core terms are highlighted:
198
J.S. Corbin et al.
and NOAA emerged and were adopted in 2011. It is notable that the NOAA policy
changed direction and supported a regional approach (rather than a national
approach) and provided extensive regulatory and operational guidance to the
Fishery Councils (NOAA 2011). Unfortunately, it took until 2014 for NOAA to
draft and put out Rules to implement the Gulf Plan that the Agency has touted as the
model for the other Councils. Many in the industry attribute this long delay to the
key leadership positions in NOAA having environmental concerns with marine
aquaculture in federal waters(not supported by science), as well as lobbying by
anti-aquaculture NGO groups (Angel and Edelist 2013).
The comment period on the Proposed Rules closed on October 27, 2014 and at this
writing no firm time table currently exists for adoption. Therefore, the Proposed Rules
will be used as the basis for describing the regional regulatory framework and process
being considered by the U.S. to regulate aquaculture in the EEZ. (Note to the Reader:
During the preparation of this book NOAA adopted the Proposed Rule discussed in
this Chapter on January 11, 2016. On Febuary 16, 2016 a broad coalition of environmental and fishery interest groups filed a law suit challenging the Rule, which
stopped further implementation and will be adjudicated in 2017. See the website of the
Gulf of Mexico Fishery Management Council for an update on the situation.)
9.3.2.3 The Gulf Council Permit Process
Adoption of the Proposed Rules for the Gulf Council Plan will put in place a permit
process to allow commercial aquaculture of species regulated by the Council in the
federal waters of the Gulf of Mexico. To highlight the major aspects of the proposed process, the following are discussed: core terms, application description,
process description, consultation requirements, and operational and monitoring
requirements. Those readers interested in more detail should go to the original
documents (GMFMC and NOAA 2009; GMFMC 2014a).
Core Terms
There was much deliberation of the Plan and permit content by the Gulf Council
and input from the public; namely the core terms of placing limits on annual
production, species covered, the initial permit term and the renewal process, the
permit costs, and the requirements to obtain an assurance bond sufficient for
removal of the project.
These extended discussions were largely prompted by concerns raised by the
environmental community and the Gulf fishing industry. Notably, it was recognized
by the Council that changes would be needed as experience was gained and they
included in the Plan an adaptive management mechanism that could allow changes
to be made, e.g., to core Plan terms and the Rules (GMFMC and NOAA 2009).
Core terms are highlighted:
198
J.S. Corbin et al.