[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Notices]
[Pages 33124-33128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11564]


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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.

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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:

 Wednesday, June 8, 2022, 6:30 p.m.-8:30 p.m. CDT/7:30 p.m.-
9:30 p.m. EDT
 Thursday, June 16, 2022, 5:30 p.m.-7:30 p.m. CDT/6:30 p.m.-
8:30 p.m. EDT
 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: http://www.regulations.gov 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: https://www.fisheries.noaa.gov/news/gulf-mexico-aquaculture-opportunity-area-programmatic-environmental-impact-statement. 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 http://www.regulations.gov 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: 
[email protected].
    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

    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. AOAs identified through this 
process would be considered 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 and does 
not propose to authorize or permit any specific aquaculture-related 
activities or individual aquaculture projects.
    An AOA is a defined geographic area that has been evaluated to 
determine its potential suitability for commercial aquaculture. NMFS 
will use a combination of scientific analysis and public engagement to 
identify AOAs that may be environmentally, socially, and economically 
suitable for commercial aquaculture. AOAs may only be identified by 
NMFS after completion of a final programmatic environmental impact 
statement and issuance of a Record of Decision (ROD). Should NMFS 
ultimately select an alternative that identifies one or more AOAs, the 
ROD will serve as the agency's decision document.
    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 of the Gulf of Mexico. The goal of 
identifying AOAs is to promote American seafood competitiveness, food 
security, economic growth, and 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 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. https://doi.org/10.25923/8cb3-3r66), which is 
referred to herein as the Atlas and is available online at https://repository.library.noaa.gov/view/noaa/33304.
    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, https://www.fisheries.noaa.gov/news/gulf-mexico-aquaculture-opportunity-area-programmatic-environmental-impact-statement.

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.

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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