Regional Administrator, and (3) Final Administrative decision. Suspended
permits may be reinstated when a sanction has been reinstated. In emergency
situations to protect the marine resource, a Judge can order suspension of
farming activities or other actions (CFR 2014).
9.3.2.4 Other Required Permits
In addition to the NOAA permit described above, there are two other major permits
required to locate and operate a fish farm in federal waters: the Department of the
Army (DA) Section 10 Permit issued by the ACOE District Office and the National
Pollution Discharge Elimination System (NPDES) Permit, issued by the Regional
Office of the EPA. According to the Gulf Plan and Proposed Rules, the sequence for
the applicant securing all permits is to obtain the DA Section 10 Permit and the
EPA NPDES Permit, then these documents must be presented to NOAA as the final
step for the agency to issue the NOAA permit.
The ACOE and the EPA permits are briefly highlighted below and for more
details see the appropriate references (APA 2011; IWGA 2014).
DA Section 10 Permit, ACOE• Purpose—The DA permit program was established to ensure that the navigational characteristics of U.S. coastal waters were not adversely affected by
development. The jurisdiction originally extended only to structures in navigable waters, however with the passage of amendments to the Clean Water Act
in 1972, the authority of ACOE was extended to include issuing permits for
discharge of dredge or fill material in U.S. waters, including all federal waters.
• Applicability—Navigable waters are defined as those waters that are subject to
the ebb and flow of the tides and/or are presently used, or were used in the past,
or may be susceptible to use in interstate or foreign commerce. The ACOE can
issue an individual permit an aquaculture facility in federal waters. Individual
permits include standard permits and for less complex projects a Letter of
Permission.
• The Section 10 DA permit is required for structures or work in navigable waters
and such work includes: piers, boat docks, breakwaters, permanent moorings,
and anchored aquaculture facilities. Maintenance and repair of existing structures is generally exempt from a permit.
• Issuance of a permit is based on a “public interest review” which evaluates the
probable impacts of a project, including its cumulative impacts. The decision
process requires a balancing of the reasonable benefits which can be expected to
accrue from an activity against its reasonable detriments. The permit will have
conditions governing the execution of the project.
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permits may be reinstated when a sanction has been reinstated. In emergency
situations to protect the marine resource, a Judge can order suspension of
farming activities or other actions (CFR 2014).
9.3.2.4 Other Required Permits
In addition to the NOAA permit described above, there are two other major permits
required to locate and operate a fish farm in federal waters: the Department of the
Army (DA) Section 10 Permit issued by the ACOE District Office and the National
Pollution Discharge Elimination System (NPDES) Permit, issued by the Regional
Office of the EPA. According to the Gulf Plan and Proposed Rules, the sequence for
the applicant securing all permits is to obtain the DA Section 10 Permit and the
EPA NPDES Permit, then these documents must be presented to NOAA as the final
step for the agency to issue the NOAA permit.
The ACOE and the EPA permits are briefly highlighted below and for more
details see the appropriate references (APA 2011; IWGA 2014).
DA Section 10 Permit, ACOE• Purpose—The DA permit program was established to ensure that the navigational characteristics of U.S. coastal waters were not adversely affected by
development. The jurisdiction originally extended only to structures in navigable waters, however with the passage of amendments to the Clean Water Act
in 1972, the authority of ACOE was extended to include issuing permits for
discharge of dredge or fill material in U.S. waters, including all federal waters.
• Applicability—Navigable waters are defined as those waters that are subject to
the ebb and flow of the tides and/or are presently used, or were used in the past,
or may be susceptible to use in interstate or foreign commerce. The ACOE can
issue an individual permit an aquaculture facility in federal waters. Individual
permits include standard permits and for less complex projects a Letter of
Permission.
• The Section 10 DA permit is required for structures or work in navigable waters
and such work includes: piers, boat docks, breakwaters, permanent moorings,
and anchored aquaculture facilities. Maintenance and repair of existing structures is generally exempt from a permit.
• Issuance of a permit is based on a “public interest review” which evaluates the
probable impacts of a project, including its cumulative impacts. The decision
process requires a balancing of the reasonable benefits which can be expected to
accrue from an activity against its reasonable detriments. The permit will have
conditions governing the execution of the project.
9 Regulation and Permitting of Standalone …
203