Leonard and Ferro 2011 (George and James; A precautionary approach to US open-ocean aquaculture; Ocean Conservancy; act.oceanconservancy.org/site/DocServer/federalMarineAquaculture7.pdf; kdf)
The Need for a National Framework Responding to these real and well-documented risks, Congresswoman Capps has introduced legislation to ensure that the expansion of this new industry in U.S. federal waters does not proceed without strong, performance-based environmental, socio-economic, and liability standards. Previous attempts to pass federal legislation were strongly opposed by both the fishing and conservation communities because the legislation lacked the necessary protection for ocean ecosystems. In the absence of federal legislation, regional expansion of the industry is quietly proceeding. In September 2009, the Secretary of Commerce allowed the legally-dubious “Aquaculture Fishery Management Plan” to go into effect in the Gulf of Mexico, paving the way for industry expansion in those important waters. Meanwhile, in California, Hubbs-SeaWorld Research Institute is attempting to navigate the current regulatory process hoping to install the first commercial fish farm in federal waters, located five miles west of San Diego. Finally, plans for un-anchored, self-positioning fish farm cages have just been approved in Hawaiian state waters which could pave the way for additional development in offshore waters as well. However, a precautionary national framework is urgently needed in advance of industry development. Provisions of a Precautionary Approach An overarching federal framework, with nationwide standards, is needed to help ensure aquaculture development in offshore waters is ecologically sustainable. Such a framework must adopt the precautionary approach13 as its operating principle and establish a priority for the protection of wild fish, functional ecosystems, and coastal and fishing-dependent communities. The National Sustainable Offshore Aquaculture Act of 2009 is an opportunity to protect the U.S. from the risks of poorly regulated open ocean aquaculture. The National Sustainable Offshore Aquaculture Act of 2009 will: • Require regional environmental impact statements that explicitly address the impacts of industry expansion, before any commercial permits are granted. • Implement a comprehensive, ecologically-based research program to ensure that critical environmental and socio-economic information is integrated into a precautionary federal permitting system. • Enforce specific, legally-binding standards for: Fish Escapes: Only native fish, genetically similar to their wild counterparts, and never genetically modified, may be farmed in U.S. federal waters. All farmed fish must be marked or tagged for identification in the event of escapement. Disease Transfer: Antibiotics and other drugs may only be used in the open-ocean to treat a diagnosed condition. In all cases, fish farmers must minimize the use of drugs and chemicals and always choose the treatment option with least environmental impact. Nutrient Impacts: Fish farms must meet measurable, numeric standards for discharging nutrients into the ocean, and permitting decisions must consider the impact of multiple farms on the surrounding ecosystem. Interactions with Marine Wildlife: Fish farmers must use non-lethal predator deterrents and prevent the disruption of wildlife or their use of critical habitats. Underwater acoustic deterrent devices are specifically prohibited. Use of Wild Fish for Feed: Fish meal and fish oil may only come from abundant wild stocks with ecosystem-based management measures in place, while using alternatives to wild fish in feed compounds as much as possible. Impacts on Fisheries: Permits must include terms and conditions necessary to minimize the displacement and economic harm that fish farm operations may have on fishing communities. • Provide financial guarantees and liability provisions to address potential environmental damage from aquaculture operations. • Collect permit fees and resource use fees to cover program administration and a reasonable portion of the value of the use of our public ocean resources. • Limit permits to a 10-year period with annual Secretarial review to provide business certainty while ensuring continued environmental compliance. • Show a preference for technologies that substantially exceed permit requirements. • Prohibit siting of aquaculture facilities in specific sensitive marine habitats, including marine reserves and National Marine Sanctuaries, or on oil and gas platforms. • Require operators to monitor and report on environmental performance, while mandating that federal regulators evaluate this information and make the findings available to the public. • Provide sufficient authority to federal regulators to modify, suspend or revoke permits for violations or emergence of new information. • Give a strong voice to fishing communities through the regional fishery management councils, including requirements that aquaculture not impede access to fish stocks. • Enable states to determine if they wish to participate in marine fish farming off their coasts, while not overriding their existing authority granted under the Coastal Zone Management Act. • Require open-ocean aquaculture to be integrated with future federal marine spatial planning efforts, in recognition of the nation’s move toward ecosystem-based management. Window of Opportunity Now is the time for strong leadership from members of Congress on the future of open-ocean aquaculture in the United States. If Congress fails to act, a piecemeal, poorly-regulated industry is likely to develop with potentially severe environmental consequences. But with bold action, Congress can ensure an overarching national vision for environmentally responsible ocean fish farming and develop the legislative framework necessary to ensure strong protection of U.S. waters. Doing anything less is a gamble with our oceans that we simply should not take.