Topic 13

38. Aquaculture certification schemes should encourage restoration of habitats and sites damaged by previous uses in aquaculture.

The United States has not had a significant history with the degradation of habitats attributable to aquaculture, as may be the case in other countries with significant challenges around habitat degradation attributable to marine aquaculture (i.e., shrimp aquaculture in Asia). Thus evidence of significant efforts and outcome evidence of mitigation efforts of historical damage caused by aquaculture facilities in the United States are limited. 

This topic refers to actions to restore lands and waters previously damaged by aquaculture.  Many mitigating measures that prevent environmental damage from occurring in the first place are widespread throughout the U. S. management system, including mechanisms to ensure abandoned or derelict gear is removed (assurance bonds).  However, these requirements are more pertinent to other topics, such as Topic 15 "Adverse environmental impacts managed or mitigated", so are not considered within the scope of evidence provided for this topic.

Several federal statutes authorize federal agencies and programs to encourage restoration of U. S. lands and waters. Within marine ecosystems, the Estuary Habitat Restoration Program  established under the Estuary Restoration Act  of 2000 grants authority to the Army Corps of Engineers to conduct restoration projects in concert with other federal partners and non-federal interests (e.g., States).  The Magnuson–Stevens Fishery Conservation and Management Act grants authority to NOAA to undertake restoration activities within U.S. estuaries, which are carried out by the Office of Habitat Conservation Restoration Center Division through federal grantmaking.  The Coastal Zone Management Act, also encourages restoration of the coastal zone through grantmaking and relationship with states. The USDA Natural Resources and Conservation Service (NRCS), authorized by the Farm Bill, similarly provides grants for the restoration and conservation of farm land. 

While limited, some examples do exist of federal programs being applied to restore aquaculture facilities or land (outcome evidence): 

• • Several catfish ponds have received USDA NRCS Conservation Reserve Program program grants to restore catfish ponds to a more natural state (Brandon 2010). 

  • Coastal Zone Management Act grants have been issued in the State of Florida to remove derelict aquaculture gear caused by Hurricane Irma http://shellfish.ifas.ufl.edu/wp-content/uploads/NOAA-Marine-Debris-Program-Overview-by-Charles-Grisafi-NOAA-.pdf   

  • NOAA Marine Debris Program Grants have been utilized to recover abandoned aquaculture gear in North Carolina (NOAA MDP 2018). 

  • Large-scale habitat restoration programs implemented via the Estuary Habitat Restoration Program are underway in the Chesapeake Bay, which has seen significant degradation of oyster reef populations. While extensive oyster aquaculture activities were not a primary driver of habitat degradation in this or other regions, it is possible some negative impacts to oyster populations may have occurred.

  • Most States have permit requirements and a bond required to ensure cleanup of gear abandoned after a farmer leaves. For example, in the State of Rhode Island, “The (Coastal Resources Management Council) may require the execution of a bond by the permittee to ensure the performance by the permittee of all of the conditions of his or her permit, and, in the event of a failure so to perform, to ensure the removal of aquaculture apparatus from the waters of the state” (RI Gen L § 20-10-8, 2012).

Given the U. S. Constitutional limitations to federal authority with state and tribal boundaries, restoration would most likely occur via state law and regulation. Additional languages within federal agency policies, strategic plans, and guidance documents could be revised to specify that aquaculture sites could be targets for restoration activities, to the extent appropriate.  NOAA’s Marine Debris Program’s “Fishing For Energy Program” is currently focused on converting derelict fishing gear to energy. Such a program could be expanded to include aquaculture gear. 

§1452 Congressional declaration of policy

The Congress finds and declares that it is the national policy-

(1) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations;

Subchapter I Generally

§ 1801 Findings, purposes and policy

(b) Purposes. It is therefore declared to be the purposes of the Congress in this chapter—

(1) to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fishery resources of the United States, by exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all fish, within the exclusive economic zone established by Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive fishery management authority beyond the exclusive economic zone over such anadromous species and Continental Shelf fishery resources;

§ 1802 Definitions. As used in this chapter, unless the context otherwise requires—

(16) The term “fishing” means—

(A) the catching, taking, or harvesting of fish;

(B) the attempted catching, taking, or harvesting of fish;

(C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or

(D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C).

Such term does not include any scientific research activity which is conducted by a scientific research vessel.

Subchapter VI Miscellaneous

§1891a Community-based restoration program for fishery and coastal habitats

(a) In general

The Secretary of Commerce shall establish a community-based fishery and coastal habitat restoration program to implement and support the restoration of fishery and coastal habitats.

(b) Authorized activities

In carrying out the program, the Secretary may-

(1) provide funding and technical expertise to fishery and coastal communities to assist them in restoring fishery and coastal habitat;

(2) advance the science and monitoring of coastal habitat restoration;

(3) transfer restoration technologies to the private sector, the public, and other governmental agencies;

(4) develop public-private partnerships to accomplish sound coastal restoration projects;

(5) promote significant community support and volunteer participation in fishery and coastal habitat restoration;

(6) promote stewardship of fishery and coastal habitats; and

(7) leverage resources through national, regional, and local public-private partnerships.

Subchapter I Research and Related Programs

§ 1251 Congressional declaration of goals and policy

(a) Restoration and maintenance of chemical, physical and biological integrity of Nation's waters; national goals for achievement of objective

The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters...

(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States

It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this chapter...

Subchapter III Standards and enforcement

§ 1314 Information and guidelines

(a) Criteria development and publication

(2) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after October 18, 1972 (and from time to time thereafter revise) information (A) on the factors necessary to restore and maintain the chemical, physical, and biological integrity of all navigable waters, ground waters, waters of the contiguous zone, and the oceans; (B) on the factors necessary for the protection and propagation of shellfish, fish, and wildlife for classes and categories of receiving waters and to allow recreational activities in and on the water; and (C) on the measurement and classification of water quality; and (D) for the purpose of section 1313 of this title, on and the identification of pollutants suitable for maximum daily load measurement correlated with the achievement of water quality objectives.

(3) Such criteria and information and revisions thereof shall be issued to the States and shall be published in the Federal Register and otherwise made available to the public.

(j) Lake restoration guidance manual

The Administrator shall, within 1 year after February 4, 1987, and biennially thereafter, publish and disseminate a lake restoration guidance manual describing methods, procedures, and processes to guide State and local efforts to improve, restore, and enhance water quality in the Nation's publicly owned lakes.

§ 1321 Oil and hazardous substance liability

(f) Liability for actual costs of removal

(4) The costs of removal of oil or a hazardous substance for which the owner or operator of a vessel or onshore or offshore facility is liable under subsection (f) of this section shall include any costs or expenses incurred by the Federal Government or any State government in the restoration or replacement of natural resources damaged or destroyed as a result of a discharge of oil or a hazardous substance in violation of subsection (b) of this section.

(5) The President, or the authorized representative of any State, shall act on behalf of the public as trustee of the natural resources to recover for the costs of replacing or restoring such resources. Sums recovered shall be used to restore, rehabilitate, or acquire the equivalent of such natural resources by the appropriate agencies of the Federal Government, or the State government.

§1952 NOAA Marine Debris Program

(a) Establishment of Program

There is established, within the National Oceanic and Atmospheric Administration, a Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety.

§2903 Estuary habitat restoration program

(a) Establishment

There is established an estuary habitat restoration program under which the Secretary may carry out estuary habitat restoration projects and provide technical assistance through the award of contracts and cooperative agreements in accordance with the requirements of this chapter.

§2905 Estuary habitat restoration strategy

(d) Elements of the strategy

(4) addressing the estimated historic losses, estimated current rate of loss, and extent of the threat of future loss or degradation of each type of estuary habitat;

§ 2.43 Chief, Natural Resources and Conservation Service.

(a) Delegations.  Pursuant to § 2.16(a)(3), subject to reservations in § 2.16(b) of this chapter, the following delegations of authority are made by the Under Secretary for Farm Production and Conservation to the Chief of the Natural Resources Conservation Service:

§ 622.101 Permits.

(a) Gulf aquaculture permit.  For a person to deploy or operate an aquaculture facility in the Gulf EEZ or sell or attempt to sell, at the first point of sale, an allowable aquaculture species cultured in the Gulf EEZ, a Gulf aquaculture permit must have been issued to that person for that aquaculture facility, and the permit must be prominently displayed and available for inspection at the aquaculture facility. The permit number should also be included on the buoys or other floating devices used to mark the restricted access zone of the operation as specified in § 622.104(c).

(2) Application for a Gulf aquaculture permit.  Application forms are available from the RA. A completed application form and all required supporting documents must be submitted by the applicant (in the case of a corporation, an officer; in the case of a partnership, a general partner) to the RA at least 180 days prior to the date the applicant desires the permit to be effective. An applicant must provide all information indicated on the application form including:

(xii) Documentation certifying the applicant has obtained an assurance bond sufficient to cover the costs of removal of all components of the aquaculture facility, including cultured animals remaining in approved aquaculture systems, from the Gulf EEZ. The assurance bond would not be required to cover the costs of removing an oil and gas platform. The RA will provide applicants a form and associated guidance for complying with the assurance bond requirement. The applicant must also provide documentation certifying the applicant has established a standby trust fund into which any payments made towards the assurance bond can be deposited. The trustee of the standby trust may not be the same entity as the permittee. The assurance bond is payable at the discretion of the RA to a designee as specified in the bond or to a standby trust. When the RA directs the payment into a standby trust, all amounts paid by the assurance bond provider must be deposited directly into the standby trust fund for distribution by the trustee in accordance with the RA's instructions. A permittee will be deemed to be without the required financial assurance in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the assurance bond. The permittee must establish other financial assurance within 60 days after such an event.

Brandon, H. 2010. Conservation from out-of-production catfish ponds. Farm Progress. Sep. 3, 2010. https://www.farmprogress.com/farm-business/conservation-from-out-of-production-catfish-ponds 

NOAA-MDP. 2018. National Oceanic and Atmospheric Administration Marine Debris Program website "AquaDebris: Site Restoration and Habitat Recovery Assessment of Shellfish Aquaculture in North Carolina": Home » Our Work » Removal » AquaDebris: Site Restoration and Habitat Recovery Assessment of Shellfish Aquaculture in North Carolina. https://marinedebris.noaa.gov/removal/aquadebris-site-restoration-and-habitat-recovery-assessment-shellfish-aquaculture-north