Notice2022-11010
Notice of Intent To Prepare a Programmatic Environmental Impact Statement for Identification of One or More Aquaculture Opportunity Area(s) in Southern California
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Published
May 23, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The NMFS West Coast Region is publishing this Notice of Intent (NOI) to prepare a Programmatic Environmental Impact Statement (PEIS) under the National Environmental Policy Act (NEPA) for the proposed identification of one or more Aquaculture Opportunity Areas (AOAs) to be located in Federal waters off the coast of Southern California. An AOA is considered to be a defined geographic area that has been evaluated to determine its potential suitability for commercial aquaculture. The proposed action is a planning initiative only and does not propose any aquaculture facilities or permits. The United States Army Corps of Engineers (USACE) Los Angeles District, the United States Coast Guard (USCG) District Eleven, and the Environmental Protection Agency (EPA) Region 9 will act as cooperating agencies for the purposes of the PEIS.
Full Text
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<title>Federal Register, Volume 87 Issue 99 (Monday, May 23, 2022)</title>
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[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31210-31213]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11010]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB875]
Notice of Intent To Prepare a Programmatic Environmental Impact
Statement for Identification of One or More Aquaculture Opportunity
Area(s) in Southern California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of intent to prepare a Programmatic Environmental Impact
Statement; notice of public scoping.
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SUMMARY: The NMFS West Coast Region is publishing this Notice of Intent
(NOI) to prepare a Programmatic Environmental Impact Statement (PEIS)
under the National Environmental Policy Act (NEPA) for the proposed
identification of one or more Aquaculture Opportunity Areas (AOAs) to
be located in Federal waters off the coast of Southern California. An
AOA is considered to be a defined geographic area that has been
evaluated to determine its potential suitability for commercial
aquaculture. The proposed action is a planning initiative only and does
not propose any aquaculture facilities or permits. The United States
Army Corps of Engineers (USACE) Los Angeles District, the United States
Coast Guard (USCG) District Eleven, and the Environmental Protection
Agency (EPA) Region 9 will act as cooperating agencies for the purposes
of the PEIS.
DATES: NMFS requests comments concerning the scope of the proposed
action, its potential impacts to the natural and human environment,
means for avoiding, minimizing, or mitigating potential impacts, the
range of preliminary alternatives proposed in this notification, and
any additional reasonable alternatives that should be considered within
the Southern
[[Page 31211]]
California Bight. All comments must be received by 8:59 p.m. Pacific
Standard Time (PST) July 22, 2022. NMFS expects the Draft PEIS is to be
available in 2023 and the Final PEIS to be available April of 2024 with
a Record of Decision May of 2024. NMFS will host two webinar-based
public scoping meetings and will allow for oral comments in English
during allotted times in the webinar. The webinar meetings will occur
at the following dates and times:
(1) June 27, 2022, 12 p.m. to 2 p.m. PST
(2) July 11, 2022, 5 p.m. to 7 p.m. PST
ADDRESSES: Due to remaining COVID uncertainties, all public comment
opportunities will be electronic, either through written comments or
through oral comment stated during allotted times in the webinar-based
public listening sessions. Please do not send any written comments by
hard-copy mail or facsimile to a NMFS office address or fax number. You
may submit comments on the NOI by any of the following methods.
Electronic Submission: Submit all written public comments via
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Enter NOAA-NMFS-2022-0051 in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Webinar links: Provide oral comments during designated times during
virtual public scoping meetings, as described under the DATES section
of this document. To hear audio and provide comments during the public
scoping meetings, dial 888-673-9785 and use participant access code
5831012. To view presentations during the public scoping meetings,
click on the webinar link. The webinar link for June 27, 2022, is:
<a href="https://www.mymeetings.com/nc/join.php?i=PWXW2725139&p=5831012&t=c">https://www.mymeetings.com/nc/join.php?i=PWXW2725139&p=5831012&t=c</a>. The
webinar link for July 11, 2022, is: <a href="https://www.mymeetings.com/nc/join.php?i=PWXW2725143&p=5831012&t=c">https://www.mymeetings.com/nc/join.php?i=PWXW2725143&p=5831012&t=c</a>. Links and toll-free phone numbers
for each webinar can also be found at <a href="https://www.fisheries.noaa.gov/event/southern-california-aquaculture-opportunity-area-scoping-meeting">https://www.fisheries.noaa.gov/event/southern-california-aquaculture-opportunity-area-scoping-meeting</a>.
Please see the `Public Scoping Process' section of this document for
more accessibility options.
Instructions: It is important that reviewers provide their comments
at such times and in such a manner that they are useful to the agency's
preparation of the PEIS. Therefore, comments must be provided prior to
the close of the comment period and should clearly articulate the
reviewer's concerns and contentions. Comments must be submitted by one
of the above methods to ensure they are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record. All personal identifying information (e.g., name, address,
etc.) submitted voluntarily by the sender will be publicly accessible.
Do not submit confidential business information, or otherwise sensitive
or protected information. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Diane Windham, NOAA-NMFS West Coast
Region Aquaculture Coordinator, <a href="/cdn-cgi/l/email-protection#d0a3bfb3b1bcb1bfb1fea7b3a290bebfb1b1feb7bfa6"><span class="__cf_email__" data-cfemail="493a262a2825282628673e2a3b0927262828672e263f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Purpose and Need for the Proposed Action
The Federal action proposed in the PEIS is to identify one or more
locations (referred to as AOAs) that may be suitable for multiple
future offshore aquaculture projects in Federal waters of the Southern
California Bight, and to evaluate the impacts of siting aquaculture in
those locations. AOAs identified through this process would be
considered potentially suitable for finfish, shellfish, macroalgae, or
multi-species aquaculture. The proposed action is a long-term planning
effort. It is not a regulatory or permitting action. The analysis may
be used to inform such processes for individual projects proposed later
in time.
On May 7, 2020, the White House issued an Executive Order on
Promoting American Seafood Competitiveness and Economic Growth (E.O.
13921), which requires the Secretary of Commerce to identify geographic
areas containing locations suitable for commercial aquaculture. The
purpose of the proposed action is to apply a science-based approach to
identify AOAs in Federal waters. The goal of identifying AOAs is to
promote American seafood competitiveness, food security, economic
growth, and to support the facilitation of the development of domestic
commercial aquaculture, consistent with sustaining and conserving
marine resources and applicable laws, regulations and policies.
The proposed action is needed to meet the directives of E.O. 13921
to address the increasing demand for seafood, facilitate long-term
planning for marine aquaculture development, and address interests and
concerns regarding offshore marine aquaculture siting.
Background
The National Centers for Coastal Ocean Science (NCCOS) initiated a
marine spatial planning process to assist agency decision makers in
identifying areas that may be suitable for locating AOAs as mandated by
E.O. 13921. This process was based on spatial suitability modeling that
included data layers relevant to administrative boundaries, national
security (i.e., military), navigation and transportation, energy and
industry infrastructure, commercial and recreational fishing, natural
and cultural resources, and oceanography (i.e., non-living resources).
This spatial modeling approach was specific to the planning goal of
identifying discrete areas between 500 and 2,000 acres that met the
industry and engineering requirements of depth and distance from shore
and are the most suitable for all types of aquaculture development
including the cultivation of finfish, macroalgae, shellfish, or a
combination of species. This work resulted in an Aquaculture
Opportunity Area Atlas for the Southern California Bight (Morris, J.A.
Jr, MacKay, J.K., Jossart, J.A., Wickliffe, L.C., Randall, A.L., Bath,
G.E., Balling, M.B., Jensen, B.M., and Riley, K.L. 2021. An Aquaculture
Opportunity Area Atlas for the Southern California Bight. NOAA
Technical Memorandum NOS NCCOS 298. Beaufort, NC. 485 pp. <a href="https://doi.org/10.25923/tmx9-ex26">https://doi.org/10.25923/tmx9-ex26</a>. Available online at <a href="https://coastalscience.noaa.gov/data_reports/an-aquaculture-opportunity-area-atlas-for-the-southern-california-bight/">https://coastalscience.noaa.gov/data_reports/an-aquaculture-opportunity-area-atlas-for-the-southern-california-bight/</a>) (referred to hereafter as the
Atlas).
The Atlas includes peer-reviewed technical information that may be
used to assist agency decision makers in identifying areas that may be
suitable for locating AOAs in Federal waters of the Southern California
Bight. The Southern California Bight is considered as the marine space
within the United States Exclusive Economic Zone (U.S. EEZ) associated
with the coastline between Point Conception and the U.S./Mexico border,
and encompassing the Channel Islands. The Atlas does not reflect a
decision by any agency to identify specific AOAs or foreclose the
agency's ability to evaluate other reasonable locations for
consideration in the Southern California Bight. The Atlas is a
technical document providing geospatial planning information that will
be used as one source of information to assist NMFS in
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identifying AOAs through the NEPA process.
Preliminary Proposed Action and Alternatives
The NMFS West Coast Region proposes to identify geographically
discrete areas within Federal waters (outside of State waters within
the U.S. EEZ) off the coast of Southern California that would be
suitable to site future aquaculture development. The identified area(s)
would be known as the Southern California AOA. The information within
the Atlas was used as the basis for the locations described in the
preliminary alternatives. Alternative 1 is the No Action Alternative,
in which no AOA would be identified in Federal waters offshore of
Southern California. In Alternative 2, NMFS would identify at least one
and up to eight AOAs from within the boundaries of the North Study
Areas Selected Site Options (SSOs), depicted as polygons in Figure 3.45
and Figure 3.62 of the Atlas. The North Study Areas SSOs are located
between 10.02 and 19.72 kilometers (5.41 and 10.65 nautical miles)
offshore of Santa Barbara and Ventura Counties in the Santa Barbara
Channel. In Alternative 3, NMFS would identify at least one and up to
two AOAs from within the boundaries of the Central North Study Area
SSOs, as depicted as polygons in Figure 3.82 of the Atlas. The Central
North Study Area SSOs are located between 8.06 and 8.82 kilometers
(4.35 and 4.76 nautical miles) offshore of Los Angeles County in Santa
Monica Bay. In Alternative 4, NMFS would identify the AOA(s) from
within the boundaries of either study area, up to a maximum area to be
determined by NMFS with input from the public. The total 10 SSOs are
depicted as red dots in Figure 3.44 of the Atlas. The alternative
descriptions are preliminary. Based on input received during public
scoping, NMFS may analyze more or fewer alternatives in the Draft PEIS
or may revise the above preliminary alternatives.
Summary of Expected Impacts
The PEIS will analyze potential impacts to the human environment
that may occur should projects be proposed in one or more AOAs, if
identified. Potential stressors associated with pre-construction,
construction, operations and maintenance, and decommissioning of
aquaculture activities that would be analyzed in the PEIS include, but
are not limited to, bottom disturbance, vessel traffic, introduction of
structures in the water column, introduction of cultivated aquatic
organisms into the marine environment, and the introduction of
commercial aquaculture products into economic markets and socioeconomic
connections (e.g., job opportunities, infrastructure demands, or
consumer perspectives).
Based on preliminary evaluation of the potential stressors
described above, potential environmental impacts could include
modifications to marine habitat, changes in water quality, underwater
noise, risk of marine debris, novel interactions of native and/or
protected living marine resources with infrastructure and vessels
(e.g., injury or mortality due to entanglement, vessel collision, as
well as behavioral changes such as aggregating, avoidance, or other
disturbance), novel interactions of cultivated aquatic organisms with
disease, invasive and/or nuisance species found in the marine
environment, and novel interactions among naturally occurring organisms
and cultivated species such as food-web dynamics or genetic
interactions.
Environmental resources that may be analyzed in the PEIS include,
but are not limited to, unique geographic areas such as marine managed
areas and bathymetric features, water quality, hydrology and chemistry,
air quality, ecosystem functions, wild fish stocks targeted for
commercial and recreational fishing, highly migratory species, and
protected species and their habitats and movement patterns.
The PEIS may also evaluate the connection between the marine
environment and human landscape through the analysis of available
socio-economic data. Topics may include, but are not limited to,
interactions of offshore aquaculture with historic and cultural
resources, working waterfronts, environmental justice, public health
and safety, and with other ocean user groups in geographic space and in
economic markets. Socio-economic indicators that may be used to analyze
potential impacts of the expected interactions include, but are not
limited to, employment opportunities and other financial considerations
of a commercial aquaculture business, biosecurity, seafood safety and
compliance programs, economic patterns of the existing seafood sector,
fisheries, shipping, tourism, or other ocean activities within the
region, supply chains, planned coastal development and existing coastal
infrastructure, demographic data of coastal communities such as income
and education, community access to resources, social vulnerability, and
social values.
Potentially affected user groups may include commercial and
recreational fishers, other recreational and tourism-based offshore
ocean activities, the commercial shipping industry, the existing
aquaculture industry within State waters, protected resource management
and other research cruises, regional port districts, employees and
consumers within the regional seafood sector, coastal communities, and
Native American tribes and Indigenous communities with cultural
traditions, identities, and experiences associated with the ocean.
NMFS encourages comment on the proposed alternatives and the
identified stressors, impacts, resources, and other public concerns
that should be considered in the PEIS.
Anticipated Permits and Authorizations
The proposed action, identification of one or more AOAs, is a
planning action and does not include any activity that would require a
permit or authorization as part of planning. The proposed action does
not create any new regulatory framework or change any existing
statutory authority related to offshore marine aquaculture. Neither the
Final PEIS nor the resulting Record of Decision (ROD) would authorize
any activities or approve any individual projects. Future proposals for
aquaculture projects proposed for siting within an AOA would undergo
project level environmental review and permitting. A proposed project
would undergo project-specific NEPA review that could tier from the
PEIS. In addition, project-specific permits and approvals from the
permitting agencies would be required. Additional NEPA analysis may be
required as part of permitting and authorization processes. Cooperating
agencies may adopt the PEIS and utilize the information in their
permitting actions.
Schedule for the Decision-Making Process
This NOI initiates the NEPA compliance process associated with
writing a PEIS. During the 60-day comment period, interested parties
are invited to provide comments on the proposed action, the preliminary
range of alternatives, any additional reasonable alternatives in the
Southern California Bight, and potential stressors, impacts, and
resources. NMFS expects the Draft PEIS to be available to the public on
or around Fall of 2023 and the Final PEIS to be available to the public
on or around April of 2024.
Public Scoping Process
This NOI continues the scoping process, which guides the
development of the PEIS. NMFS will use the public scoping process to
gather input from
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individuals, organizations, Native American tribes, and Federal, State,
and local agencies on the proposed action. The scoping process will
inform the scope and significant issues to be analyzed in the PEIS.
Interested parties may submit public comments according to the
instructions described in the DATES and ADDRESSES sections above.
Additional information may be found online at <a href="https://www.fisheries.noaa.gov/west-coast/aquaculture/west-coast-region-southern-california-aquaculture-opportunity-area">https://www.fisheries.noaa.gov/west-coast/aquaculture/west-coast-region-southern-california-aquaculture-opportunity-area</a>. Accessible options
for the visually or hearing impaired include full recordings and
written transcripts of the webinar-based listening sessions. All
presentation materials, recordings, and transcripts will be posted to
the website within five business days of the webinar. Persons needing
reasonable accommodations to attend and participate in the public
meetings should contact Diane Windham at <a href="/cdn-cgi/l/email-protection#3e4d515d5f525f515f10495d4c7e50515f5f10595148"><span class="__cf_email__" data-cfemail="becdd1dddfd2dfd1df90c9ddccfed0d1dfdf90d9d1c8">[email protected]</span></a>. To
allow sufficient time to process requests, please notify at least five
business days prior to the relevant meeting.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
NMFS requests data, comments, views, information, analysis,
alternatives, or suggestions from the public; affected federal, state,
tribal, and local governments, agencies, and offices; the scientific
community; industry; or any other interested party on the Proposed
Action that would help the agency consider both beneficial and adverse
impacts. Specifically, for offshore regions in the Southern California
Bight, NMFS requests public input on the following:
(1) The scope of the NEPA analysis, including the range of
reasonable alternatives described above.
(2) Suitable species and gear for aquaculture.
(3) Suitable reporting requirements for owners and operators of
aquaculture facilities.
(4) Types of aquaculture (e.g., finfish, shellfish, seaweed,
integrated multi-trophic aquaculture) that could be supported and/or
analyzed.
(5) Potential impacts to biological, physical, social, cultural,
and economic resources.
(6) Information related to social barriers and/or economic
constraints for aquaculture development.
(7) Information related to technologies and strategies that could
increase opportunity or mitigate risks of aquaculture development.
(8) Information related to diversity, equity, and inclusion in
aquaculture and the seafood sector.
(9) Information related to climate change and climate equity.
(10) Potential interactions with protected species, essential fish
habitat, and other sensitive habitats.
(11) Potential interactions with commercial and recreational
fishing industries, tourism and recreation, and other offshore ocean
users.
(12) Information on other current or planned activities in, or in
the vicinity of, the areas described in this NOI and their possible
impacts on aquaculture development, or the impact of aquaculture
developments on those activities.
(13) Input on the size parameters of a single AOA that would be
suitable to support aquaculture development in the Southern California
Bight.
(14) Input related to the risks and/or benefits of whether an AOA
should be a single, continuous geographic space, or a collection of
discrete areas separated from one another.
(15) Input related to how an AOA could simultaneously support
aquaculture development along with environmental, economic, and social
sustainability--including ways to incorporate mitigation and cost-
benefit analyses.
(16) Other information relevant to the Proposed Action and its
impacts on the human environment.
Lead and Cooperating Agencies
Consistent with E.O. 13921, NOAA is designated as the lead agency
for the proposed action. The NMFS West Coast Region invited the EPA
Region 9, the USCG District Eleven, and the USACE Los Angeles District
to act as cooperating agencies for the purposes of the PEIS. EPA, USCG,
and USACE have agreed to act as cooperating agencies.
Decision Maker
Scott M. Rumsey, Acting Regional Administrator of NOAA Fisheries'
West Coast Region.
Nature of Decision To Be Made
If an action alternative is selected, the decision maker would
select an alternative that identifies one or more AOAs as part of a
planning exercise for offshore marine aquaculture in Southern
California. No specific aquaculture projects are being proposed or will
be permitted through the PEIS. The analysis presented in the Draft and
Final PEIS and the identification of any AOAs in the ROD will serve to
guide and inform future decision-making (e.g., environmental review and
permitting processes) if and when specific proposals to conduct
aquaculture operations are proposed within these areas.
Authority: Executive Order on Promoting American Seafood
Competitiveness and Economic Growth (E.O. 13921).
Dated: May 13, 2022.
Danielle Blacklock,
Director, Office of Aquaculture, National Marine Fisheries Service.
[FR Doc. 2022-11010 Filed 5-20-22; 8:45 am]
BILLING CODE 3510-22-P
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