Home/Federal/Federal Register/2022-11564

Notice2022-11564

Notice of Intent To Prepare a Programmatic Environmental Impact Statement for Identification of Aquaculture Opportunity Areas in Federal Waters of the Gulf of Mexico and To Conduct Public Scoping Meetings

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

June 1, 2022

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

In compliance with Section 7 of Executive Order 13921, "Promoting American Seafood Competitiveness and Economic Growth" NMFS intends to prepare a programmatic environmental impact statement (PEIS) to evaluate alternatives for identifying Aquaculture Opportunity Areas (AOAs) in Federal waters of the Gulf of Mexico. The PEIS will be prepared in accordance with the requirements of the National Environmental Policy Act (NEPA), the regulations published by the Council on Environmental Quality, and NOAA's NEPA implementing procedures, NOAA Administrative Order 216-6A and its Companion Manual. Input from stakeholders and the public is essential to identifying AOAs; and this notice initiates the public scoping process for the PEIS, which includes a 60-day public comment period. The intent of this PEIS is to support long-term planning for offshore aquaculture by analyzing potential locations for one or more offshore AOAs in the Gulf of Mexico and the types of impacts that could be associated with future proposed aquaculture projects in those locations. Comments that are provided prior to the close of the comment period and clearly articulate opinions or concerns will provide the greatest assistance to NMFS in the preparation of the PEIS.

Full Text

<html>
<head>
<title>Federal Register, Volume 87 Issue 105 (Wednesday, June 1, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Notices]
[Pages 33124-33128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11564]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID: 0648-XB900]

Notice of Intent To Prepare a Programmatic Environmental Impact
Statement for Identification of Aquaculture Opportunity Areas in
Federal Waters of the Gulf of Mexico and To Conduct Public Scoping
Meetings

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 and conduct public scoping meetings.

-----------------------------------------------------------------------

SUMMARY: In compliance with Section 7 of Executive Order 13921,
``Promoting American Seafood Competitiveness and

[[Page 33125]]

Economic Growth'' NMFS intends to prepare a programmatic environmental
impact statement (PEIS) to evaluate alternatives for identifying
Aquaculture Opportunity Areas (AOAs) in Federal waters of the Gulf of
Mexico. The PEIS will be prepared in accordance with the requirements
of the National Environmental Policy Act (NEPA), the regulations
published by the Council on Environmental Quality, and NOAA's NEPA
implementing procedures, NOAA Administrative Order 216-6A and its
Companion Manual. Input from stakeholders and the public is essential
to identifying AOAs; and this notice initiates the public scoping
process for the PEIS, which includes a 60-day public comment period.
The intent of this PEIS is to support long-term planning for offshore
aquaculture by analyzing potential locations for one or more offshore
AOAs in the Gulf of Mexico and the types of impacts that could be
associated with future proposed aquaculture projects in those
locations. Comments that are provided prior to the close of the comment
period and clearly articulate opinions or concerns will provide the
greatest assistance to NMFS in the preparation of the PEIS.

DATES: The 60-day public scoping period begins Wednesday, June 1, 2022,
and will continue until August 1, 2022. NMFS will consider all written
comments received by August 1, 2022.
Three virtual public scoping meetings will be held on:

<bullet> Wednesday, June 8, 2022, 6:30 p.m.-8:30 p.m. CDT/7:30 p.m.-
9:30 p.m. EDT
<bullet> Thursday, June 16, 2022, 5:30 p.m.-7:30 p.m. CDT/6:30 p.m.-
8:30 p.m. EDT
<bullet> Tuesday, July 12, 2022, 6:30 p.m.-8:30 p.m. CDT/7:30 p.m.-9:30
p.m. EDT

ADDRESSES: You may submit written comments on this PEIS identified by
``NOAA-NMFS-2022-0044'' by any of the following methods:
Electronic submissions: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to: <a href="http://www.regulations.gov">http://www.regulations.gov</a> and
enter ``NOAA-NMFS-2022-0044'' in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Mail: Submit written comments by mail to Andrew Richard, Regional
Aquaculture Coordinator, NMFS, Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL 33701. Please include ``Gulf AOA
PEIS'' on the envelope.
Instructions: Oral comments will be accepted during the three
virtual public scoping meetings described under DATES. Information on
how to join these meetings can be found at: <a href="https://www.fisheries.noaa.gov/news/gulf-mexico-aquaculture-opportunity-area-programmatic-environmental-impact-statement">https://www.fisheries.noaa.gov/news/gulf-mexico-aquaculture-opportunity-area-programmatic-environmental-impact-statement</a>. Comments sent or provided
by any other method, to any other address or individual, or received
after the end of the comment period, may not be considered by NMFS. All
comments received are a part of the public record and may be posted for
public viewing on <a href="http://www.regulations.gov">http://www.regulations.gov</a> without change. All
personal identifying information (e.g., name, address, etc.),
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. NMFS
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Andrew Richard, Southeast Regional
Aquaculture Coordinator, telephone: (727) 551-5709; or email:
<a href="/cdn-cgi/l/email-protection#86e8ebe0f5a8f5e3f4a8e7f7f3e7e5f3eaf2f3f4e3c6e8e9e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="cca2a1aabfe2bfa9bee2adbdb9adafb9a0b8b9bea98ca2a3adade2aba3ba">[email&#160;protected]</span></a>.
Individuals who use telecommunication devices for the deaf may call
the Federal Information Relay Service at 800-877-8339 between 8 a.m.
and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Purpose and Need for the Proposed Action

Background Information

E.O. 13921 instructs NOAA to lead a multi-agency, public planning
effort to identify 10 AOAs over the course of 7 years. In order to
select the first two geographic regions in which AOAs would be
identified, NMFS, on behalf of NOAA, took into consideration existing
aquaculture industry interest; existing foundational work (siting
analyses and environmental reviews) that could support AOA development;
the maturity of the existing interagency communication and
collaboration structure; and the history of engagement with
stakeholders on aquaculture in regions throughout the United States. As
a result of these considerations, NMFS selected Federal waters off the
coast of southern California and Federal waters in the Gulf of Mexico
as the first two geographic regions in which to identify AOAs.
The National Centers for Coastal Ocean Science 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

[[Page 33126]]

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 that are
500-2,000 acres (202-809 hectares) that met the industry and
engineering requirements of depth and distance from shore and that may
be 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 Atlas for the
U.S. Gulf of Mexico'' (Riley, K.L., Wickliffe, L.C., Jossart, J.A.,
MacKay, J.K., Randall, A.L., Bath, G.E., Balling, M.B., Jensen, B.M.,
and Morris, J.A. Jr. 2021. An Aquaculture Opportunity Area Atlas for
the U.S. Gulf of Mexico. NOAA Technical Memorandum NOS NCCOS 299.
Beaufort, NC. 545 pp. <a href="https://doi.org/10.25923/8cb3-3r66">https://doi.org/10.25923/8cb3-3r66</a>), which is
referred to herein as the Atlas and is available online at <a href="https://repository.library.noaa.gov/view/noaa/33304">https://repository.library.noaa.gov/view/noaa/33304</a>.
The Atlas used a precision-siting, scoring, and ranking process to
narrow the suitability analysis results to nine, 500-2,000-acre (202-
809 hectares) ``AOA options'' that have high potential suitability for
an AOA in the Gulf of Mexico: Three off the coast of Texas, three off
the coast of Louisiana, and three off the west coast of Florida,
depicted in Figure 3.30 on pages vii and 133 of 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. The Atlas does not reflect any agency decision to
identify specific AOAs or foreclose the agency's ability to evaluate
alternate locations for consideration as AOAs.
The Atlas is a technical document providing geospatial analysis
information that will be used as one source of information to assist
the agency in identifying one or more AOAs within Federal waters of the
Gulf of Mexico. The draft and final PEIS will assess the environmental
impacts related to the potential siting of aquaculture facilities in
potential AOA locations in Federal waters in the Gulf of Mexico, as
informed by the Atlas and other relevant sources of information. AOAs
may only be identified by NMFS after completion of a final PEIS and
issuance of a ROD. Should NMFS ultimately select an alternative that
identifies one or more AOAs, the ROD will serve as the agency's
decision document.

Preliminary Description of Proposed Action and Alternatives

NMFS proposes to consider identifying one or more locations,
referred to as Aquaculture Opportunity Areas or AOAs, that may be
suitable for multiple future offshore aquaculture projects in Federal
waters in the Gulf of Mexico, and to evaluate the general impacts of
siting aquaculture in those locations, which could occur through future
proposals and project level review. The nine locations identified as
``AOA options'' in the Atlas may be considered in the draft PEIS, in
addition to the no action alternative. NMFS will determine the number
and scope of alternatives explored and select the locations to be
evaluated in the draft PEIS based on the comments received during this
public scoping period. NMFS is also considering the suitability of
evaluating alternatives that would focus on specific aquaculture types
(e.g., finfish, shellfish, macroalgae or multi-species), specific
species that could be cultivated, or gears that could be used in the
nine ``AOA options'' identified in the Atlas, depending upon input from
the public.
This effort to identify AOAs in the Gulf of Mexico will be focused
exclusively on Federal waters. Future efforts to identify AOAs may
consider locations in State waters if there is interest and support
from a State.
Three of the nine ``AOA options'' are located off the coast of
Texas and are referred to as W-1, W-4 and W-8. Location W-1 is depicted
as a polygon in Figure 3.31 on page 141 of the Atlas, is 2,000 acres
(809 hectares), and is situated approximately 35 nmi (65 km) east of
the Port Mansfield Channel, Texas. Location W-4 is depicted as a
polygon in Figure 3.43 on page 158 of the Atlas, is 2,000 acres (809
hectares), and is situated approximately 50 nmi (91.5 km) southeast of
Port Aransas, Texas. Location W-8 is depicted as a polygon in Figure
3.55 on page 175 of the Atlas, is 500 acres (202 hectares), and is
situated approximately 58 nmi (107.4 km) southeast of Freeport, Texas.
Three of the nine ``AOA options'' in the Atlas are located off the
coast of Louisiana and are referred to as C-3, C-11 and C-13. Location
C-3 is depicted as a polygon in Figure 3.67 on page 194 of the Atlas,
is 2,000 acres (809 hectares), and is situated approximately 72 nmi
(133.4 km) from Pecan Island (Morgan City, Louisiana, is the closest
town with significant infrastructure). Location C-11 is depicted as a
polygon in Figure 3.79 on page 211 of the Atlas, is 2,000 acres (809
hectares), and is situated approximately 41 nmi (76.7 km) south of Port
Fourchon, Louisiana. Location C-13 is depicted as a polygon in Figure
3.91 on page 228 of the Atlas, is 500 acres (202 hectares), and is
situated approximately 5 nmi (9.6 km) south of the inlet to South Pass,
Louisiana.
Three of the nine ``AOA options'' in the Atlas are located off the
west coast of Florida and are referred to as E-1, E-3 and E-4. Location
E-1 is depicted as a polygon in Figure 3.128 on page 281 of the Atlas,
is 500 acres (202 hectares), and is situated approximately 56-58 nmi
(104 km-107.7 km) from the inlets off of Fort Myers, Florida. Location
E-3 is depicted as a polygon in Figure 3.116 on page 264 of the Atlas,
is 2,000 acres (809 hectares), and is situated approximately 49 nmi
(91.6 km) to the inlet off Tampa, Florida. Location E-4 is depicted as
a polygon in Figure 3.104 on page 247 of the Atlas, is 2,000 acres (809
hectares) and is situated approximately 58 nmi (107.8 km) from the
inlet in Clearwater, Florida.
Copies of the figures from the Atlas depicting the nine ``AOA
options'' can be found on the NMFS Gulf of Mexico Aquaculture
Opportunity Area website, <a href="https://www.fisheries.noaa.gov/news/gulf-mexico-aquaculture-opportunity-area-programmatic-environmental-impact-statement">https://www.fisheries.noaa.gov/news/gulf-mexico-aquaculture-opportunity-area-programmatic-environmental-impact-statement</a>.

Summary of Expected Impacts

NEPA requires identification and evaluation of impacts to the human
environment likely to be caused by an agency's proposed action. Under
NEPA, the human environment is interpreted comprehensively to include
the biological and physical environment and the relationship of people
with that environment. The PEIS proposed in this Notice of Intent will
be a planning-level document. The PEIS will analyze potential impacts
to the human environment that may occur should projects be proposed in
one or more AOAs, if identified. The following discussion reflects
NMFS's preliminary identification of biological and physical resources
that may be relevant to identification of AOAs and NMFS solicits the
public's input on these matters.
Biological and physical resources impacted by potential future
offshore aquaculture development in proposed AOA locations may include
water quality, air quality, habitat (e.g., benthic and water column
habitats), managed and non-managed fishery resources (e.g., fish,
elasmobranchs, such as

[[Page 33127]]

sharks, and invertebrates), and protected resources including migratory
birds, corals, fish (including elasmobranchs such as sharks), sea
turtles and marine mammals. Impacts to these biological and physical
resources that may be considered include protected species interactions
(e.g., entanglement, vessel strikes); alteration to habitats; disease
transmission risk; escapement risk (e.g., genetic impacts); water
quality changes (e.g., nutrients, contaminants); habitat displacement
and fragmentation; gear failure risk (e.g., storm risk, operator
error); marine debris; impacts to essential fish habitat; ecosystem
impacts (e.g., alteration of predator prey interactions, broodstock
sourcing, fish aggregating device effects); and noise, lighting and
visual disturbance. Impacts to the biological and physical environment
could occur during the aquaculture development, implementation, and
decommissioning phases of a project, which include siting,
construction, operation, maintenance, and removal.
Socioeconomic impacts considered may include impacts to commercial
and recreational fishing; tourism and recreation; public health and
safety; transportation; communications infrastructure; domestic and
international seafood markets; oil, gas and alternative energy
development and infrastructure; military preparedness; local ports,
marinas and communities; and local job markets. Cultural and historic
resources impacted could include archaeological sites, traditional
fishing grounds and American Indian traditional uses. Environmental
justice impacts considered may include impacts to vulnerable
communities, impacts of aquaculture on climate change, and impacts of
climate change on aquaculture.
Wherever possible and supported by the best available science, the
PEIS will recommend mitigation strategies to address impacts associated
with offshore aquaculture siting and development in the proposed AOAs.

Anticipated Permits and Other Authorizations

The Federal action to identify AOAs is a planning process. Neither
the final PEIS nor the resulting ROD will authorize any specific
activities or approve any individual projects.
Any future aquaculture operations proposed within an AOA would be
required to comply with all applicable Federal and state laws and
regulations, including but not limited to the Clean Water Act, Rivers
and Harbors Act, Endangered Species Act, the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), Marine Mammal
Protection Act, National Historic Preservation Act, and National Marine
Sanctuaries Act. Compliance may include Endangered Species Act and
essential fish habitat (Magnuson-Stevens Act) consultations, and Marine
Mammal Protection Act authorizations.
Additional NEPA analysis may be required as part of permitting and
authorization processes. Cooperating agencies may adopt the PEIS and
utilize the information to support their permitting decisions.

Schedule for the Decision-Making Process

The PEIS planning process is expected to take 2 years from the date
of this notice. The draft PEIS is tentatively scheduled for publication
in fall 2023. The draft PEIS will be released for public comment, and
all public comments will be considered before issuing a final PEIS. The
final PEIS is tentatively scheduled for publication in spring 2024,
with a record of decision to follow no sooner than 30 days later.

Public Scoping Process

This notice initiates the scoping process, which in turn guides the
scope of environmental issues, impacts, alternatives and mitigation
measures to be included in the draft PEIS. Comments will be accepted
until August 1, 2022. Interested parties may submit public comments
according to the instructions described in the DATES and ADDRESSES
sections above.

Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action

NMFS requests data, comments, views, information, analysis,
alternatives, or suggestions on the proposed action from the public;
affected Federal, State, Tribal, and local governments, agencies, and
offices; the scientific community; non-governmental organizations;
industry; and all other interested parties. Specifically, we are
soliciting information and feedback on:
1. The scope of the NEPA analysis, including the range of
reasonable alternatives and how many or which locations should be
considered and evaluated;
2. The type of aquaculture (e.g., finfish, shellfish, seaweed,
multi-species aquaculture) that could be supported or analyzed in a
proposed AOA location;
3. Ecologically, economically and socially suitable species and
gear for aquaculture that could be analyzed for a proposed AOA
location;
4. Monitoring and reporting requirements for owners and operators
of aquaculture facilities that could mitigate impacts to managed and
non-managed fishery resources, protected species, habitat, water
quality, storm, navigation, economic, social, cultural and other
impacts;
5. Potential adverse, beneficial, neutral, or cumulative impacts to
biological, physical and ecological resources, including potential
interactions with marine mammals and other species protected by the
Marine Mammal Protection Act or Endangered Species Act, essential fish
habitat designated under the Magnuson-Stevens Act, and other sensitive,
managed, or protected habitats in the Gulf of Mexico;
6. Potential adverse, beneficial, neutral, or cumulative impacts to
the social, economic, and cultural environment, including commercial
and recreational fishing industries and coastal communities;
7. Promotion of environmental justice, diversity, equity, and
inclusion when considering alternative AOA locations and other aspects
of offshore aquaculture development in Federal waters of the Gulf of
Mexico;
8. Underserved communities and underrepresented groups, and/or
regions and communities that could either benefit from or be adversely
impacted by the siting of AOAs in the Gulf of Mexico;
9. The impact of climate change or changing environmental
conditions (e.g., storm intensity, sea level rise, water quality) on
siting and other aspects of aquaculture;
10. Current or planned activities in or near the areas highlighted
in this notice and their possible impacts on aquaculture development or
the impact of aquaculture developments on those activities;
11. Other topics relevant to the Proposed Action and its impacts on
the human environment.

Lead and Cooperating Agencies

NMFS is the lead agency for this PEIS. The U.S. Environmental
Protection Agency, U.S. Army Corps of Engineers, Bureau of Ocean Energy
Management, and U.S. Air Force will be cooperating agencies on this
PEIS.

Decision Maker

Mr. Andrew J. Strelcheck, Regional Administrator, NMFS, Southeast
Regional Office.

[[Page 33128]]

Nature of Decision To Be Made

NMFS will use a combination of best available scientific
information and public engagement to evaluate and consider identifying
areas that may be environmentally, socially, and economically suitable
for commercial aquaculture as AOAs. Geographic areas proposed as AOAs
will be described in the draft and final PEIS along with the no action
alternative. Selection of AOAs will follow evaluation in the draft and
final PEIS with the agency's issuance of a ROD explaining the factors
considered in making the final decision. The identification of an AOA
in the ROD is not a regulatory action and does not bind NMFS or the
cooperating agencies to take any specific action related to an AOA.
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 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.
Future aquaculture operations proposed within an AOA would be
required to comply with all applicable Federal and state laws and
regulations, including but not limited to the Clean Water Act, Rivers
and Harbors Act, Endangered Species Act, the Magnuson-Stevens Act,
Marine Mammal Protection Act, National Historic Preservation Act, and
National Marine Sanctuaries Act. Compliance may include Endangered
Species Act and essential fish habitat (Magnuson-Stevens Act)
consultations, and Marine Mammal Protection Act authorizations.
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 decisions.
Identifying AOAs is an opportunity for NMFS to use best available
science-based guidance on sustainable aquaculture management,
meaningfully take into account the views of the public and
stakeholders, and support the ``triple bottom line'' of environmental,
economic, and social sustainability.

(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. 2022-11564 Filed 5-31-22; 8:45 am]
BILLING CODE 3510-22-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on June 1, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.