• Information Requirements—The DA permit requires the proposed work be
described in sufficient detail so its potential impact on the affected environment
can be fully evaluated. The information required is diverse and besides
addressing navigation, it includes: consideration of such areas as: conservation,
economics, historic values, water quality, aesthetics, coastal zone management,
environmental concerns, safety, food production, fish and wildlife values, and
the general needs and welfare of the people.
• Both a complete narrative description and detailed plans and drawings are
needed. Strictly, an Environmental Assessment is not required, though a
large-scale project may need one. Consultations are required with NOAA, the
U.S. Fish and Wildlife Service, the Historic Preservation Council and the
Coastal Zone Management Office of the nearest state. There is a public comment
period of 30 days on the application.
National Pollution Discharge Elimination System (NPDES), EPA
• Purpose—The purpose of the NPDES permit is to protect the water quality of
the U.S., and by regulating the discharge of wastewater from fixed point sources
into surface waters, including wetlands, coastal waters and the EEZ. Fixed point
sources include pipes, ditches, channels, etc. from which pollutants may be
discharged. Ponds, tanks, offshore fish cages, or other similar aquaculture
infrastructure are generally considered fixed point sources.
• Applicability—The NPDES permits applies to aquaculture systems, generally
categorized as Concentrated Aquatic Animal Production Facility (CAAP).
A CAAP means a hatchery, land-based fish farm, offshore fish farm or other
facility which contains, grows or holds aquatic animals. There are statutory
exemptions available for fish farms growing less than 9091 kg of cold water
animals or 45,454 kg of warm water animals. Also, the EPA can designate any
size facility a CAAP on a case by case basis.
• In general, EPA may create farm effluent limitations for a point source in federal
waters by reference to three types of standards set in law: Effluent Limitation
Guidelines (ELG), Water Quality Standards (WQS), and Ocean Discharge
Criteria (ODC). Regardless, managing aquaculture in federal waters has not
been an agency priority and EPA has not issued WQS for aquaculture that apply
to federal waters to date and the current ODC’s provide little guidance for
aquaculture discharges (HLS et al. 2012)
• In 2004, EPA did establish ELG’s for aquaculture, including net-pen facilities.
The CAAP ELG’s include only “narrative effluent limitations” requiring
implementation of effective operational measures to achieve reduced discharges
of solids and other materials in the CAAP waste waters, i.e., not numerical
effluent limitations. To illustrate with two narrative limitations: (a) the
employment of efficient feed management and feed input to the minimum
amount reasonably necessary to achieve production goals and sustain targeted
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