NOAA Fisheries Gulf Aquaculture Permit (GAP) Program for Federal Waters of the Gulf of Mexico March 23, 2016
Overview • Background • Final rule details • NOAA Fisheries Gulf Aquaculture Permit (GAP) 2
Background • Final rule published on January 13, 2016 (81 FR 1762) • Rule became effective on February 12, 2016 • Up to 20 permits can be issued over 10 year period • Annual production limits • 64 million pounds for entire Gulf • 12.8 million pounds per business/entity (20%) 3
http://sero.nmfs.noaa.gov/sustainable_ fisheries/gulf_fisheries/aquaculture/ Google: NMFS SERO Aquaculture 4
Final Rule 1. Establish an aquaculture permitting process. 2. Establish operational conditions and restrictions. 3. Establish permit duration of 10 years (5-year renewals). 4. Allow the culture of native, non-genetically engineered and non-transgenic Council managed species (no shrimp, corals). 5. Provide guidelines for approval of grow-out systems. 6. Establish criteria for siting marine aquaculture facilities. 7. Create a restricted access zone for each aquaculture facility. 8. Establish recordkeeping, reporting and operational requirements. 9. Establish biological reference points and status determination criteria. 10. Specify framework procedures for modifying biological reference points and management measures. 5
Permit Requirements, Eligibility, and Transferability • Gulf Aquaculture Permit (GAP) is required to deploy and operate an offshore facility in federal waters and sell allowable aquaculture species. • Eligibility limited to U.S. citizens and permanent resident aliens. GAPs are transferable under certain conditions (e.g., site remains the same). • Dealer permit is required to receive cultured animals. • Cultured animals must first be landed at a U.S. port. • Any vessel, aircraft, or vehicle authorized used in operations must have a copy of the facility’s aquaculture permit onboard. 6
Application, Operational Requirements • Description of aquaculture systems and equipment, GPS coordinates, documentation of an assurance bond , emergency disaster plan, certification that broodstock were harvested from federal waters of the Gulf , certification that no genetically engineered or transgenic species used , documentation that broodstock are marked or tagged at the hatchery, and certification that cultured animals are free of OIE and NAAHP reportable pathogens prior to stocking. • Gear stowage and monitoring requirements. • Must comply with regulations of other federal agencies (e.g., drugs, biologics; USDA, FDA, EPA). 7
Permit Duration, Species and Systems • GAPs are effective for 10 years with 5-year renewals. • Only species managed by the Council, except for shrimp and corals. (coastal migratory pelagics, red drum, jacks) • Applicants must provide documentation sufficient to evaluate a system's ability to withstand physical stresses associated with storm events ( e.g. , engineering analysis). 8
Siting Requirements and Conditions • Systems prohibited in MPAs and marine reserves, HAPCs, SMZs, permitted artificial reef areas, and coral reef areas under Council’s jurisdiction. • Submit a baseline environmental survey as part of the GAP application package ( acoustic survey, hydrographic measurements ). • Site must be twice as large as area encompassed by systems to allow for fallowing. • Individual aquaculture facilities must be at least 1.6 nm apart. • Site may be denied if proposed system poses significant environmental risks or would result in user conflicts. 9
Restricted Access Zones • Restricted access zone established for each facility. • Zone will correspond to the coordinates listed on the approved ACOE Section 10 permit for the site. • Within zone no fishing may occur in the restricted access zone and no fishing vessels may operate in or transit through unless they possess a copy of that facilities' aquaculture permit onboard. • Zone must be marked at each corner with a floating device ( e.g. , buoy). 10
Recordkeeping and Reporting • Recordkeeping and reporting requirements address escapement, entanglements and interactions with marine species and migratory birds, pathogens and disease, broodstock harvest, and law enforcement requirements. • e.g ., Permittees must notify NOAA Fisheries via telephone or web-based form within 24 hours of discovery of a major escapement event, entanglement or interaction with marine mammals, endangered species, migratory birds, or findings of OIE or NAAHP reportable pathogens. • Maintain monitoring reports and sales records for the most recent three years. 11
Management Reference Points and Framew ork Procedures • Proxies for maximum sustainable yield (MSY) and optimum yield (OY) are set at 64 million pounds. • Measures that could be adjusted through framework procedures : • Adjustments to MSY and OY • Application and operational requirements/restrictions • Siting and system requirements • Recordkeeping and reporting requirements. 12
http://sero.nmfs.noaa.gov/sustainable_ fisheries/gulf_fisheries/aquaculture/ Google: NMFS SERO Aquaculture 13
NOAA Fisheries GAP Program 1) Submit completed application form and supporting material to NOAA Fisheries Southeast Regional Office (SERO) at least 180 days prior to the date that the applicant desires the permit to be effective. 2) SERO Regional Administrator makes a preliminary determination whether the application is appropriate for further consideration. NO : Applicant notified of deficiencies and has 60 days to correct them or application considered abandoned. YES : Publish notification of receipt of the application will in the Federal Register; up to 45-day comment period. SERO RA may consult with the Council and applicant can appear in support of the application at Council meeting. 14
NOAA Fisheries GAP Program 3) Public comments reviewed and SERO review commences. 4) SERO Regional Administrator notifies the applicant of the decision to grant or deny the permit. Publish Federal Register Notice announcing approval or denial. 5) SERO Regional Administrator contacts the EPA and Army Corps to ensure that the applicant has received other federal permits. A NOAA Fisheries GAP will not be issued until all other applicable permits have been secured. 15
NOAA Fisheries GAP Program 6) SERO Regional Administrator issues the permit. • Option for delayed GAP issuance: Upon notification by SERO Regional Administrator of o decision to approve a GAP, permittee may request that SERO delay issuance of their permit for up to 2 years. Additional time to secure financing and prepare for o production. During delay, cannot engage in activities for which GAP o is required ( e.g. , deploying/operating facility in Federal waters, harvest of wild broodstock, selling cultured species). 16
NOAA Fisheries GAP Program 7) Once GAP is issued, permittees must abide by all operational requirements and restrictions and all monitoring and reporting requirements as specified in the regulations and their GAP. 8) Violation of permit terms or regulations may result in revocation or suspension of GAP. 17
Contact information Jess Beck-Stimpert Regional Aquaculture Coordinator NOAA Fisheries Southeast Regional Office Jess.Beck@noaa.gov nmfs.ser.aquaculture@noaa.gov 727-824-5301 18
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