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DOC/NOAA RIN: 0648-AS65 Publication ID: Fall 2008 
Title: Amendment to Coastal Migratory Pelagics FMP, Red Drum FMP, Reef Fish FMP, Spiny Lobster FMP, and Stone Crab FMP To Provide for Regulation of Marine Aquaculture 
Abstract: The purpose of the amendment is to develop a regulatory permitting process for regulating and promoting environmentally sound and economically sustainable aquaculture in the Gulf Exclusive Economic Zone. Possible management actions include: (1) Types of aquaculture permits required; (2) duration aquaculture permits are effective; (3) conditions for permit issuance; (4) species allowed for aquaculture; (5) allowable aquaculture systems; (6) designation of sites or areas for conducting aquaculture; (7) buffer zones for aquaculture facilities; (8) recordkeeping and reporting requirements; and (9) regulations to aid in the enforcement of marine aquaculture facilities. 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 622   
Legal Authority: 16 USC 1801 et seq   
Legal Deadline:  None

Statement of Need: Demand for protein is increasing in the United States and commercial wild-capture fisheries will not likely be adequate to meet this growing demand. Aquaculture is one method to meet current and future demands for seafood. Supplementing the harvest of domestic fisheries with cultured product will help the U.S. meet consumers’ growing demand for seafood and may reduce the nation’s dependence on seafood imports. Currently, the U.S. imports over 80 percent of the seafood consumed in the country, and the annual U.S. seafood trade deficit is at an all time high of over $9 billion.

Summary of the Legal Basis: Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.

Alternatives: The Council’s Aquaculture FMP includes 10 actions, each with an associated range of alternatives. These actions and alternatives are collectively intended to establish a regional permitting process for offshore aquaculture. Management actions in the FMP include: 1) Aquaculture permit requirements, eligibility, and transferability; 2) duration aquaculture permits are effective; 3) aquaculture application requirements, operational requirements, and restrictions; 4) species allowed for aquaculture; 5) allowable aquaculture systems; 6) marine aquaculture siting requirements and conditions; 7) restricted access zones for aquaculture facilities; 8) recordkeeping and reporting requirements; 9) biological reference points and status determination criteria; and 10) framework procedures for modifying biological reference points and regulatory measures.

Anticipated Costs and Benefits: Environmental and social/economic costs and benefits are described in detail in the Council’s Aquaculture FMP. Potential benefits include: establishing a rigorous review process for reviewing and approving/denying aquaculture permits, increasing optimum yield by supplementing the harvest of wild domestic fisheries with cultured products, and reducing the nation’s dependence on imported seafood. Anticipated costs include: increased administration and oversight of an aquaculture permitting process and potential negative environmental impacts to wild marine resources. Approval of an aquaculture permitting system may also benefit fishing communities by creating new jobs or impact fishing communities if cultured products economically displace domestic seafood.

Risks: National offshore aquaculture legislation has also been previously proposed by the Administration. This action may reduce the need for uniform national legislation and allow aquaculture regulations to vary by region.

Timetable:
Action Date FR Cite
NPRM  11/00/2008    
NPRM Comment Period End  12/00/2008    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Roy Crabtree
Regional Administrator, Southeast Region
Department of Commerce
National Oceanic and Atmospheric Administration
National Marine Fisheries Service, 263 Thirteenth Avenue South,
St. Petersburg, FL 33701
Phone:727 570-5305
Fax:727 570-5583
Email: roy.crabtree@noaa.gov