California Aquaculture Association

After some delays, due in part to several key people in the process leaving, Devin Bartley explained at the recent CAA board meeting that the production marine Programmatic Environmental Impact Report (PEIR) is back on track.  A renewed call for the PEIR was included in SB201 the Sustainable Oceans Act which passed in 2006. The PEIR should serve as a Tier 1 CEQA document and greatly facilitate the permitting process as well as help define best management practices and aquaculture sites.  A draft document will be given to the Aquaculture Development Committee (composed of many CAA members) in advance of the public comment period. The current time line provided by the consulting company of Jones and Stokes has a draft document going to the ADC formally in late November, however specific sections will be distributed to appropriate members as they are available. The public review for the Marine PEIR will be Mid-Feb 2009, with end of April 09 for the comment period; ADC will remain in the process during this time for review. The process is scheduled for completion in November 2009.

What is a “PEIR”?

The PEIR is being prepared in accordance with the CEQA, which requires that all state and local government agencies consider the environmental consequences of projects over which they have discretionary authority before taking action on those projects.

A PEIR is a first-tier document that is prepared for an agency program or series of actions that can be characterized as one large project.  A PEIR is often the appropriate document for agency plans, policies or regulatory programs.  A PEIR analyzes the broad environmental effects of the program with the acknowledgment that site-specific environmental review may be required for particular aspects of portions of the program, when those aspects are proposed for implementation. 

Once a PEIR has been prepared, subsequent activities within the program must be evaluated to determine whether an additional CEQA document needs to be prepared.  However, the lead agency may not need to prepare a new CEQA document if the environmental effects of the subsequent activities were covered in the PEIR. A PEIR is a public information document that assesses potential environmental effects of a proposed project and identifies mitigation measures and alternatives to the project that could reduce or avoid adverse environmental impacts.

The PEIR is an informational document used in the planning and decision-making process. It is not intended to recommend either approval or denial of a project. Consistent with CEQA requirements, the purpose of the PEIR is to:

• identify potential direct and indirect environmental impacts associated with the Proposed Program;
• identify its potential contributions to cumulative regional impacts in the Program area;
• evaluate the potential for growth inducement due to the Program;
• describe mitigation measures that would avoid any potentially significant impacts or reduce them to a less-than-significant level; and
• discuss potential alternatives that would avoid or reduce one or more of the identified significant impacts for the Program.

This draft PEIR is also intended to supply the information necessary to support related permit applications and review processes. As described below, the draft PEIR will be made available for public review and comment.

Senate Bill 201 Defines Marine Aquaculture PEIR

Senate Bill 201, the Sustainable Oceans Act describes conditions for the use of California’s marine waters for aquaculture, however the bill focused on marine finfish.  Environmental protections in the bill operate through two primary mechanisms. The bill lays out a possibility for rigorous assessment of the potential environmental effects of marine finfish aquaculture through a PEIR for the leasing program that takes into consideration the following factors:

• Appropriate sitting to avoid or minimize adverse impacts on marine resources and users of marine resources;
• Effects on sensitive habitats;
• Effects on human health, marine life, fishing, and other ocean uses;
• Cumulative effects of multiple fish farms on marine ecosystems;
• Effects of the use of fishmeal and fish oil on marine ecosystems;
• Effects of escaped farm fish on wild fish and the marine environment; and
• Design of facilities to minimize adverse environmental impacts.

Secondly, no person may engage in finfish aquaculture without a lease from the Fish and Game Commission.  The Commission’s lease and regulations for marine finfish aquaculture must meet the following standards:

• The site must have been judged appropriate in the PEIR;
• The lease must not unreasonably interfere with fishing or other uses of the ocean, disrupt wildlife and marine habitats, or harm the ability of the marine environment to support “ecologically significant flora and fauna;”
• A lease shall not have “significant adverse cumulative impacts;”
• Use of fishmeal and fish oil shall be minimized, and alternatives to these feed ingredients shall be utilized where feasible;
• Lessees must develop and implement best management practices to ensure environmental protection and compliance with the law;

The California Fish and Game Commission may take action to prevent or stop damage to the marine environment and must take “immediate remedial action to avoid or eliminate significant damage, or the threat of significant damage, to the marine environment.”  Measures that may be taken to mitigate environmental damage include:

• Removing fish stocks,
• Closing facilities, or
• Terminating a lease;
• Fish number and density must be limited to what can be safely raised while protecting the marine environment;
• The use of drugs and chemicals shall be minimized and shall be used only as approved by the federal Food and Drug Administration for marine aquaculture use;
• All farmed fish must be marked, tagged, or otherwise identified unless the Commission determines this is not necessary for the protection of wild stocks;
• Facilities and operations shall be designed to prevent the escape of farmed fish and lessees are responsible for damage to the marine environment caused by more than de minimus escapement; and
• Lessees shall meet all applicable requirements imposed by state and federal water quality laws.

The initial term of a lease for finfish aquaculture is 10 years.  The Commission has the authority to determine whether the lessee may renew the lease or whether the lease should be awarded to the highest responsible bidder.  To terminate the lease, the lessee must remove all structures and restore the area to its original condition.  The Commission requires surety bonds, credit or trust funds to assure that such restoration is completed.