requirement is reasonable in concept considering the frequency of storms in the
Gulf of Mexico, the concern is it suggests the applicant may need to purchase
expensive engineering analyses if not available from the vendor and construct
computer and physical oceanographic models, and other complex documentation requiring extensive data collection over time, if not readily available from
government sources.
• Offloading fish—Permittees are allowed to off load fish at Gulf dealers only
between 6 a.m. and 6 p.m., local time. All fish landed must be maintained whole
with heads and fins intact. The concern is this restriction will affect the farmer’s
ability to serve market needs and take full advantage of aquaculture’s being able
to offer predictable supplies.
• Other permits—In addition to the NOAA permit, two other permits are required
to operate a fish farm in the EEZ; and ACOE Section 10 permit and an
EPA NPDES permit. The concern is the rule requires applicants to secure these
permits first before securing the NOAA permit, yet it is perceived the NOAA
permit will have the most impact on the final structure, operation and maintenance of the farm. Several states issue the permit for the site first and subject to
receiving the ACOE and NPDES permits, so that the major characteristics of the
proposed farm are fairly firm before these other permit processes are concluded.
Comparison with State Processes
As with the regional aquaculture permit, siting of open ocean farms in Maine and
Hawaii requires site disposition from the lead agency, as well as a Section 10 and
NPDES permit. In contrast to the proposed regional approach, these successful
states handle some of the core terms differently. To illustrate:
(a) The regional approach places limits on regional and individual farm production, while Maine has no limits on production but limits site size. Hawaii has
no limits on production or site size, but the scale of a project must be justifiable and suitable for the oceanographic conditions.
(b) The regional approach uses a permit as the site disposition vehicle to provide
the farmer some specified degree of site access and control. While Maine and
Hawaii utilize a lease to clearly convey terms, tenure, property rights and
protections and exclusive use for a public benefit of what was a public
resource.
(c) The regional approach limits species to those managed by the Gulf Council.
While Maine’s experimental and standard leases have no native species
restrictions and likewise there are no native species restrictions for Hawaii
open ocean farms.
(d) The regional approach does not limit total site size, but requires a site be twice
the size of that required by the aquaculture facility (cages, net pens, moorings)
to allow for fallowing portions. While Maine has limits of 40 ha for its
210
J.S. Corbin et al.
Gulf of Mexico, the concern is it suggests the applicant may need to purchase
expensive engineering analyses if not available from the vendor and construct
computer and physical oceanographic models, and other complex documentation requiring extensive data collection over time, if not readily available from
government sources.
• Offloading fish—Permittees are allowed to off load fish at Gulf dealers only
between 6 a.m. and 6 p.m., local time. All fish landed must be maintained whole
with heads and fins intact. The concern is this restriction will affect the farmer’s
ability to serve market needs and take full advantage of aquaculture’s being able
to offer predictable supplies.
• Other permits—In addition to the NOAA permit, two other permits are required
to operate a fish farm in the EEZ; and ACOE Section 10 permit and an
EPA NPDES permit. The concern is the rule requires applicants to secure these
permits first before securing the NOAA permit, yet it is perceived the NOAA
permit will have the most impact on the final structure, operation and maintenance of the farm. Several states issue the permit for the site first and subject to
receiving the ACOE and NPDES permits, so that the major characteristics of the
proposed farm are fairly firm before these other permit processes are concluded.
Comparison with State Processes
As with the regional aquaculture permit, siting of open ocean farms in Maine and
Hawaii requires site disposition from the lead agency, as well as a Section 10 and
NPDES permit. In contrast to the proposed regional approach, these successful
states handle some of the core terms differently. To illustrate:
(a) The regional approach places limits on regional and individual farm production, while Maine has no limits on production but limits site size. Hawaii has
no limits on production or site size, but the scale of a project must be justifiable and suitable for the oceanographic conditions.
(b) The regional approach uses a permit as the site disposition vehicle to provide
the farmer some specified degree of site access and control. While Maine and
Hawaii utilize a lease to clearly convey terms, tenure, property rights and
protections and exclusive use for a public benefit of what was a public
resource.
(c) The regional approach limits species to those managed by the Gulf Council.
While Maine’s experimental and standard leases have no native species
restrictions and likewise there are no native species restrictions for Hawaii
open ocean farms.
(d) The regional approach does not limit total site size, but requires a site be twice
the size of that required by the aquaculture facility (cages, net pens, moorings)
to allow for fallowing portions. While Maine has limits of 40 ha for its
210
J.S. Corbin et al.