Part 2, Sec. 2C11
Human Activities - Mariculture

11. Mariculture

Given the open-ocean environment of Stellwagen Bank, the only form of commercial fish culture (or mariculture) operation likely to be sited on or adjacent to the Bank would be a finfish pen or cage-culture operation. ("Aquaculture" operations involve freshwater areas.) These are generally "grow-out" operations, where fish smolts are held in pens, usually fed from the surface and medicated with antibiotics to control diseases, and harvested when they reach marketable size.

Most existing operations at other locations involve the culture of salmonids (principally Atlantic salmon); however, a number of experimental attempts are being proposed to expand the effort to species such as cod, haddock, striped bass and halibut (C. Mantzaris, NMFS, pers. comm., August 1991). As of 1989, there were 37 commercial mariculture leases in New England (18 in operation), with most located on the coast of Maine (Bettencourt and Anderson, 1990).

NMFS has identified, in the NMFS Strategic Plan, aquaculture as one of ten agency-wide priorities. However, the NMFS Northeast Regional Office does not anticipate embarking on any new policy initiatives or major projects related to aquaculture (C. Mantzaris, NMFS, pers. comm., August 1991). NMFS has nonetheless issued joint State/Federal guidelines (prepared by NMFS, the Army Corps of Engineers, the Environmental Protection Agency, and the State of Maine) for net pen finfish aquaculture projects. In this joint guidance, finfish leases are prohibited in, or within 1/4 mile of, any area "named in acts of Congress or Presidential proclamations such as national parks, national wilderness areas, national recreation areas, national lakeshores, national natural landmarks, national wildlife refuges, and such areas as may be established under federal law for similar and related purposes." Similar guidance has been developed by the New England Division of the COE, for information required in applying for floating fish pen project permits.

Mantzaris (1990) identifies five key factors related to siting issues and environmental impacts associated with finfish pen culture: 1) distance between the bottom of the net and the sea floor - minimum has been 30 feet, but recently reduced to 10 feet; 2) currents - should be sufficient to insure the dispersal of organic matter generated by the operation; 3) tidal range - as with factor #1, this factor is a consideration only with the siting of inshore operations; 4) location with respect to rare, threatened, endangered, or otherwise protected species (particularly seal nursing sites); and 5) commercial and recreational conflicts - operations should not be located or interfere with significant commercial fishing or recreational areas.

Wildish (1990) generally identified five basic ecological issues of interest concerning aquaculture: 1) organic site-specific pollution or waste-related pollution; 2) eutrophication or nutrient enrichment; 3) interaction of aquaculture with traditional fisheries; 4) toxic chemicals in cultured products (antibiotics, pesticides, hormones, antifoulants); and 5) disease transmission (principally to native fish stocks). With the exception of conflicts with traditional fisheries and other human activities, the remainder of the issues are generally not problematic with offshore operations.

While no mariculture facility is currently operating in the offshore waters of New England, in 1987 a proposal was developed by American Norwegian Fish Farm, Inc. (based in Gloucester, Massachusetts) to establish a floating mariculture facility offshore of Cape Ann, for commercial production of salmon. Application was made to the U.S. Army Corps of Engineers to obtain a permit under Section 10 of the Rivers and Harbors Act, for construction, installation, and maintenance of two facilities, one inshore for raising juvenile salmon (smolts), and a second offshore site for raising the smolts to market size.

The original application proposed an inshore facility to be moored to the seabed adjacent to the southwest side of the Federal breakwater in Sandy Bay, approximately 1-1/2 miles offshore of Rockport, Massachusetts. At this site, smolts were to be raised between April and October annually, to 5" in size, and then transferred to the offshore site, for growth to market size. The offshore site would encompass a 7-nautical-mile by 7-nautical-mile area, situated 27 miles east of Cape Ann.

In addition to the requirements of § 10 of the Rivers and Harbors Act, the applicant was required to comply with § 402 of the Clean Water Act (requiring a National Pollution Discharge Elimination System, or NPDES, permit), administered by the Environmental Protection Agency (EPA).

Following public hearings and consultation with Federal and state agencies on the structural, environmental, and economic feasibility of this proposal, the applicant withdrew entirely plans for the inshore facility and combined the proposed operation to a single site, located approximately 37 miles (59.5 km) offshore of Cape Ann. This location occurs slightly northeast of Sanctuary boundary alternative #3.

The modified configuration of the offshore facility would consist of nine anchored strings of 10 fish pens each, for a total of 90 pens. The conical-shaped pens would each measure 90' from top to bottom, and 90' in diameter at the top. At optimum capacity, each pen would hold approximately 500,000 pounds of fish of market size (8" to 10"). Nets hanging beneath the water surface would be 1-1/2" mesh, and designed to exclude marine mammals, fish, and seabirds.

The total area required for the site would be approximately 55.6 square nautical miles. Water depths at the revised location are approximately 700 meters (2,296.5 ft.), deeper than the 300-400 foot depths at the original offshore location. The proposed site is located outside normal commercial vessel traffic lanes, and would be marked in conformance with U.S. Coast Guard guidelines.

Several aspects of the offshore facility have presented siting, structural, environmental, and economic concerns. In response to the original application, the COE required extensive additional information before processing of the application could proceed, covering structural, resource, operational, administrative and financial specifics of the proposed project. Additionally, a Section 7 consultation (pursuant to the Endangered Species Act) with the National Marine Fisheries Service (NMFS) was conducted, and resulted in a biological finding of "no jeopardy" to endangered marine species in the vicinity of the proposed aquaculture facility. (C. Mantzaris, NMFS, pers. comm., May 1990).

Although the fish farm operation would be "self-monitoring" to attain best management practices, both COE and EPA permits would carry with them several requirements, including an endangered species monitoring program requirement.

Under this "monitoring program" requirement, fish pen operators would conduct monitoring activities during four months of each year. During those periods, 360o surveys of the pens would be made to determine the presence of any endangered species, and to note any interaction between endangered species and the fish pens. These surveys would be made every 15 minutes, over an 8-hour period, on a total of six days during a two-week period (total of 48 observations of all pens over each two-week period). Secondly, boat surveys would be made during the same time periods to note (from the water's surface) any interactions between endangered species and the fish pens.

If the results of these monitoring activities indicate interaction problems, the permits would be subject to additional NMFS and EPA review (and possible hearings) to determine whether the permits should be withdrawn.

A Section 10 permit was recently issued by the COE for this project. Subsequent to the issuance of this permit however, two actions have resulted in uncertainty regarding the future of the Norwegian Fish Farm proposal. The COE permit was challenged in court by the Conservation Law Foundation (CLF) which charged, among other claims, that the fish farm facility would unreasonably displace other human uses of the site.

Secondly, the Department of the Navy has recently raised strong objections to the permit on the grounds that the proposed location for the facility conflicts directly with certain Navy air and sea operations. On the basis of national security, the COE was requested to revoke the Section 10 permit for this project. The Norwegian Fish Farm proposal has currently been moved to a site further north, offshore of New Hampshire.

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