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Code of Federal Regulations Title 50. Wildlife and Fisheries § 50.622.103 Aquaculture facilities

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<In Gulf Fishermens Association et al v. National Marine Fisheries Service et al, 2018 WL 8787629, the United States District Court, E.D. Louisiana, ordered that “[u]nder the APA and MSA, all regulations, as finalized in 61 Fed. Reg. 1762-1800 (Feb. 16, 2017) [so in original; probably should read 81 Fed. Reg. 1762] and codified in 50 C.F.R. Parts 600 and 622, and all actions pursuant to such regulations are hereby VACATED as ultra vires.”>

(a) Siting requirements and conditions.

(1) No aquaculture facility may be sited in the Gulf EEZ within a marine protected area, marine reserve, Habitat Area of Particular Concern, Special Management Zone, permitted artificial reef area specified in this part or a coral area as defined in § 622.2.

(2) No aquaculture facility may be sited within 1.6 nautical miles (3 km) of another aquaculture facility and all structures associated with the facility must remain within the sited boundaries.

(3) To allow fallowing and rotation of approved aquaculture systems within a site permitted by the ACOE and approved by NMFS, the permitted site for the aquaculture facility must be at least twice as large as the combined area of the aquaculture systems.

(4) The RA will evaluate siting criteria for proposed offshore aquaculture operations on a case-by-case basis. Criteria considered by the RA during case-by-case review include data, analyses, and results of the required baseline environmental survey as specified in § 622.101(a)(2)(v);  depth of the site;  the frequency of harmful algal blooms or hypoxia at the proposed site;  marine mammal migratory pathways;  the location of the site relative to commercial and recreational fishing grounds and important natural fishery habitats (e.g., seagrasses). The RA may deny use of a proposed aquaculture site based on a determination by the RA that such a site poses significant risks to wild fish stocks, essential fish habitat, endangered or threatened species, marine mammals, will result in user conflicts with commercial or recreational fishermen or other marine resource users, will result in user conflicts with the OCS energy program, the depth of the site is not sufficient for the approved aquaculture system, substrate and currents at the site will inhibit the dispersal of wastes and effluents, the site is prone to low dissolved oxygen or harmful algal blooms, or other grounds inconsistent with FMP objectives or applicable Federal laws. The information used for siting a facility with regard to proximity to commercial and recreational fishing grounds includes electronic logbooks from the shrimp fishery, logbook reported fishing locations, siting information from previously proposed or permitted aquaculture facilities, and other data that would provide information regarding how the site would interact with other fisheries. The RA's determination will be based on consultations with appropriate NMFS and NOAA offices and programs, public comment, as well as siting and other information submitted by the permit applicant. If a proposed site is denied, the RA will deny the Gulf Aquaculture Permit and provide this determination as required by § 622.101(d)(2)(ii).

(b) [Reserved]

Cite this article: - Code of Federal Regulations Title 50. Wildlife and Fisheries § 50.622.103 Aquaculture facilities - last updated October 03, 2022 |

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