9.3.3.1 Catalina Sea Ranch—First Farm Permitted in Federal Waters
In California, Catalina Sea Ranch (CSR) engaged with the US Coast Guard and
devoted substantial efforts towards understanding marine mammal avoidance when
identifying its initial 405 hectare site for its mussel farm. Subsequently it was
required to downsize to 40 ha and engage more fully with the State of California
Coastal Commission (CCC), fishing interests, and the offshore oil and gas industry
interests before identifying a site that effectively minimized conflicts with other
offshore users.
CSR was issued a provisional Army Corps of Engineers (ACOE) permit under
Section 10 of the Rivers and Harbors Act on July 17, 2012 (see also Sect. 3.2.4).
The Rivers and Harbors Act was designed to permit marine construction projects
while avoiding hazards to navigation. This provisional permit included a variety of
expected permit conditions. A surprising and unprecedented permit requirement for
ACOE approval and State Coastal Zone Management (CZM) agency concurrence
was a monitoring plan for the seawater filtration effects, biodeposition, and changes
in the abundance/distribution of non-native fouling organisms.
The permit was termed provisional because it was not valid and did not authorize
the project to be carried out because, by Federal law, no permit can be issued until
the State agency in charge of CZM consistency certification (the CCC) has concurred with the permit. To meet the concurrence requirements, it took another
18 months (January 2014) for the California Coastal Commission and CSR to agree
to terms for a monitoring plan. Provisional permits may be also be issued until an
applicant can satisfy a State’s Section 401 Water Quality Certification. This was not
necessary in this case as it is generally agreed that filter-feeding shellfish aquaculture produce a net benefit for water quality.
Catalina Sea Ranch’s Offshore Mariculture Monitoring Program
Prior to commencement of construction (slated for early 2015) CSR must submit a
Revised Offshore Mariculture Monitoring Program for approval by the Executive
Director of the CCC. The Offshore Mariculture Monitoring Program is required to
meet unprecedented environmental study, carried out by an independent entity
approved by and reporting to the CCC for at least 5 years and funded by CSR. The
monitoring must evaluate:
(i) Quantity, type, and distribution of biological materials from the shellfish
facility (such as feces and pseudofeces, shell material, and fouling organisms) that accumulate on the seafloor below and in the vicinity of the facility,
and it must evaluate any biochemical changes in the sediment and changes in
biomass, diversity of benthic infaunal and epifaunal communities.
(ii) Response of fish, seabird, and marine mammal populations in the project area
to the presence of the facility infrastructure, include estimates of the species
212
J.S. Corbin et al.
In California, Catalina Sea Ranch (CSR) engaged with the US Coast Guard and
devoted substantial efforts towards understanding marine mammal avoidance when
identifying its initial 405 hectare site for its mussel farm. Subsequently it was
required to downsize to 40 ha and engage more fully with the State of California
Coastal Commission (CCC), fishing interests, and the offshore oil and gas industry
interests before identifying a site that effectively minimized conflicts with other
offshore users.
CSR was issued a provisional Army Corps of Engineers (ACOE) permit under
Section 10 of the Rivers and Harbors Act on July 17, 2012 (see also Sect. 3.2.4).
The Rivers and Harbors Act was designed to permit marine construction projects
while avoiding hazards to navigation. This provisional permit included a variety of
expected permit conditions. A surprising and unprecedented permit requirement for
ACOE approval and State Coastal Zone Management (CZM) agency concurrence
was a monitoring plan for the seawater filtration effects, biodeposition, and changes
in the abundance/distribution of non-native fouling organisms.
The permit was termed provisional because it was not valid and did not authorize
the project to be carried out because, by Federal law, no permit can be issued until
the State agency in charge of CZM consistency certification (the CCC) has concurred with the permit. To meet the concurrence requirements, it took another
18 months (January 2014) for the California Coastal Commission and CSR to agree
to terms for a monitoring plan. Provisional permits may be also be issued until an
applicant can satisfy a State’s Section 401 Water Quality Certification. This was not
necessary in this case as it is generally agreed that filter-feeding shellfish aquaculture produce a net benefit for water quality.
Catalina Sea Ranch’s Offshore Mariculture Monitoring Program
Prior to commencement of construction (slated for early 2015) CSR must submit a
Revised Offshore Mariculture Monitoring Program for approval by the Executive
Director of the CCC. The Offshore Mariculture Monitoring Program is required to
meet unprecedented environmental study, carried out by an independent entity
approved by and reporting to the CCC for at least 5 years and funded by CSR. The
monitoring must evaluate:
(i) Quantity, type, and distribution of biological materials from the shellfish
facility (such as feces and pseudofeces, shell material, and fouling organisms) that accumulate on the seafloor below and in the vicinity of the facility,
and it must evaluate any biochemical changes in the sediment and changes in
biomass, diversity of benthic infaunal and epifaunal communities.
(ii) Response of fish, seabird, and marine mammal populations in the project area
to the presence of the facility infrastructure, include estimates of the species
212
J.S. Corbin et al.