50 CFR § 622.100-622.109 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic - Offshore Marine Aquaculture in the Gulf of Mexico

318 50 CFR Ch. VI (10–1–22 Edition) § 622.77 § 622.77 Adjustment of management measures. In accordance with the framework procedures of the FMP for Coral and Coral Reefs of the Gulf of Mexico, the RA may establish or modify the fol lowing: (a) Gulf coral resources. For a species or species group: reporting and moni toring requirements, permitting re quirements, bag and possession limits (including a bag limit of zero), size lim its, vessel trip limits, closed seasons or areas and reopenings, annual catch limits (ACLs), annual catch targets (ACTs), quotas (including a quota of zero), accountability measures (AMs), MSY (or proxy), OY, TAC, management parameters such as overfished and overfishing definitions, gear restric tions (ranging from regulation to com plete prohibition), gear markings and identification, vessel markings and identification, acceptable biological catch (ABC) and ABC control rules, re building plans, sale and purchase re strictions, transfer at sea provisions, and restrictions relative to conditions of harvested corals. (b) [Reserved] Subpart E—Red Drum Fishery of the Gulf of Mexico SOURCE: 79 FR 19494, Apr. 9, 2014, unless otherwise noted. § 622.90 Permits. (a) Dealer permits and conditions—(1) Permits. For a dealer to first receive Gulf red drum harvested in or from the EEZ, a Gulf and South Atlantic dealer permit must be issued to the dealer. (2) State license and facility require ments. To obtain a dealer permit, the applicant must have a valid state wholesaler’s license in the state(s) where the dealer operates, if required by such state(s), and must have a phys ical facility at a fixed location in such state(s). (b) Permit procedures. See § 622.4 for information regarding general permit procedures including, but not limited to application, fees, duration, transfer, renewal, display, sanctions and denials, and replacement. § 622.91 Recordkeeping and reporting. (a) Dealers. A dealer who first re ceives Gulf red drum must maintain records and submit information as specified in § 622.5(c). (b) [Reserved] § 622.92 Prohibited species. (a) General. The harvest and posses sion restrictions of this section apply without regard to whether the species is harvested by a vessel operating under a commercial vessel permit. The operator of a vessel that fishes in the EEZ is responsible for the limit appli cable to that vessel. (b) Red drum. Red drum may not be harvested or possessed in or from the Gulf EEZ. Such fish caught in the Gulf EEZ must be released immediately with a minimum of harm. § 622.93 Adjustment of management measures. In accordance with the framework procedures of the FMP for the Red Drum Fishery of the Gulf of Mexico, the RA may establish or modify the following items: (a) Reporting and monitoring re quirements, permitting requirements, bag and possession limits (including a bag limit of zero), size limits, vessel trip limits, closed seasons or areas and reopenings, annual catch limits (ACLs), annual catch targets (ACTs), quotas (including a quota of zero), ac countability measures (AMs), MSY (or proxy), OY, TAC, management param eters such as overfished and over fishing definitions, gear restrictions (ranging from regulation to complete prohibition), gear markings and identi fication, vessel markings and identi fication, ABC and ABC control rules, rebuilding plans, sale and purchase re strictions, transfer at sea provisions, and restrictions relative to conditions of harvested fish (maintaining fish in whole condition, use as bait). (b) [Reserved] Subpart F—Offshore Marine Aquaculture in the Gulf of Mexico SOURCE: 81 FR 1792, Jan. 13, 2016, unless otherwise noted. 319 Fishery Conservation and Management § 622.101 § 622.100 General. This subpart provides the regulatory structure for enabling environmentally sound and economically sustainable aquaculture in the Gulf EEZ. Offshore marine aquaculture activities are au thorized by a Gulf aquaculture permit or Gulf aquaculture dealer permit issued under § 622.101 and are conducted in compliance with the provisions of this subpart. Aquaculture of live rock is addressed elsewhere in this part and is exempt from the provisions of this subpart. (a) Electronic system requirements. (1) The administrative functions associ ated with this aquaculture program, e.g., registration and account setup, landing transactions and most report ing requirements, are intended to be accomplished online via the Southeast Regional Office’s Web site at http:// sero.nmfs.noaa.gov/sustainable fisheries/ gulf fisheries/aquaculture/ therefore, a participant must have access to a com puter and Internet access and must set up an appropriate online aquaculture account to participate. Assistance with online functions is available from the Permits Office, Monday through Friday between 8 a.m. and 4:30 p.m. eastern time; telephone: 1 (877) 376–4877. If some online reporting functions are not available at the time of initial imple mentation of this aquaculture pro gram, this will be indicated on the Web site and participants may comply by submitting the required information via email using the appropriate forms that are available on the Web site. Once online functions are available, participants must comply by using the online system unless alternative meth ods are specified. (2) The RA will mail each person who is issued a Gulf aquaculture permit or a Gulf aquaculture dealer permit infor mation and instructions pertinent to using the online system and setting up an online aquaculture account. The RA also will mail each permittee a user identification number and will provide each permittee a personal identifica tion number (PIN) in a subsequent let ter. Each permittee must monitor his/ her online account and all associated messages and comply with all online reporting requirements. (3) During catastrophic conditions only, the RA may authorize use of paper-based components for basic re quired functions as a backup to what would normally be reported electroni cally. The RA will determine when cat astrophic conditions exist, the dura tion of the catastrophic conditions, and which participants or geographic areas are deemed affected by the cata strophic conditions. The RA will pro vide timely notice to affected partici pants via publication of notification in the FEDERAL REGISTER, NOAA weather radio, fishery bulletins, and other ap propriate means and will authorize the affected participants’ use of paper based components for the duration of the catastrophic conditions. NMFS will provide each aquaculture permittee the necessary paper forms, sequentially coded, and instructions for submission of the forms to the RA. The paper forms also will be available from the RA. The program functions available to participants or geographic areas deemed affected by catastrophic condi tions may be limited under the paper based system. Assistance in complying with the requirements of the paper based system will be available via the Permits Office, Monday through Friday between 8 a.m. and 4:30 p.m., eastern time; telephone: 1 (877) 376–4877. (b) [Reserved] § 622.101 Permits. (a) Gulf aquaculture permit. For a per son to deploy or operate an aqua culture 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 aqua culture permit must have been issued to that person for that aquaculture fa cility, and the permit must be promi nently displayed and available for in spection at the aquaculture facility. The permit number should also be in cluded on the buoys or other floating devices used to mark the restricted ac cess zone of the operation as specified in § 622.104(c). (1) Eligibility requirement for a Gulf aquaculture permit. Eligibility for a Gulf aquaculture permit is limited to U.S. citizens as defined in the Immi gration and Nationality Act of 1952, as amended, and permanent resident 320 50 CFR Ch. VI (10–1–22 Edition) § 622.101 aliens lawfully accorded the privilege of residing permanently in the U.S. in accordance with U.S. immigration laws. (2) Application for a Gulf aquaculture permit. Application forms are available from the RA. A completed application form and all required supporting docu ments must be submitted by the appli cant (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 de sires the permit to be effective. An ap plicant must provide all information indicated on the application form in cluding: (i) Applicant’s name, address, and telephone number. (ii) Business name, address, tele phone number, date the business was formed, and, if the applicant is a cor poration, corporate structure and shareholder information. (iii) Information sufficient to docu ment eligibility as a U.S. citizen or permanent resident alien. (iv) Description of the exact location (i.e., global positioning system (GPS) coordinates) and dimensions of the pro posed aquaculture facility and pro posed site, including a map of the site to scale. (v) A baseline environmental survey of the proposed aquaculture site. The assessment must be conducted, and the data, analyses, and results must be summarized and presented, consistent with the guidelines specified by NMFS. NMFS’ guidelines will include methods and procedures for conducting diver and video surveys, measuring hydro graphic conditions, collecting and ana lyzing benthic sediments and infauna, and measuring water quality charac teristics. The guidelines will be avail able on the Web site and from the RA upon request. (vi) A list of allowable aquaculture species to be cultured; estimated start up production level by species; and the estimated maximum total annual poundage of each species to be har vested from the aquaculture facility. (vii) Name and address or specific lo cation of each hatchery that would provide juvenile animals for grow-out at the proposed aquaculture facility lo cated within the Gulf EEZ and a copy of all relevant, valid state or Federal aquaculture permits issued to the hatchery. (viii) A description of the aqua culture system(s) to be used, including the number, size and dimensions of the aquaculture system(s), a description of the mooring system(s) used to secure the aquaculture system(s), and docu mentation of the aquaculture system’s ability to withstand physical stress, such as hurricanes, wave energy, etc., including a copy of any available engi neering analysis. (ix) A description of the equipment and methods to be used for feeding, transporting, maintaining, and remov ing cultured species from aquaculture systems. (x) A copy of the valid USCG certifi cate of documentation or, if not docu mented, a copy of the valid state reg istration certificate for each vessel in volved in the aquaculture operation; and documentation or identification numbers for any aircraft or vehicles in volved. (xi) Documentation certifying that: (A) the applicant agrees to imme diately remove cultured animals re maining in approved aquaculture sys tems from the Gulf EEZ as ordered by the RA if it is discovered that the ani mals are genetically engineered or transgenic; (B) the applicant agrees to imme diately remove cultured animals re maining in approved aquaculture sys tems from the Gulf EEZ as ordered by the RA if fish are discovered to be in fected with a World Organization of Animal Health (OIE) reportable patho gen that represents a new detection in the Gulf or a new detection for that cultured species in the U.S. is found at the facility, or additional pathogens that are subsequently identified as re portable pathogens in the National Aquatic Animal Health Plan (NAAHP), or any other pathogen determined by NMFS and APHIS to pose a significant threat to the health of wild aquatic or ganisms; and, (C) the applicant agrees to imme diately remove all components of the aquaculture system and cultured ani mals remaining in approved aqua culture systems from the Gulf EEZ as ordered by the RA if there are any 321 Fishery Conservation and Management § 622.101 other violations of the permit condi tions or regulations other than those listed in paragraphs (a)(2)(xi)(A) and (B) of this section which causes the RA to order such removal. (xii) Documentation certifying the applicant has obtained an assurance bond sufficient to cover the costs of re moval of all components of the aqua culture facility, including cultured ani mals remaining in approved aqua culture systems, from the Gulf EEZ. The assurance bond would not be re quired to cover the costs of removing an oil and gas platform. The RA will provide applicants a form and associ ated guidance for complying with the assurance bond requirement. The appli cant must also provide documentation certifying the applicant has estab lished a standby trust fund into which any payments made towards the assur ance bond can be deposited. The trust ee of the standby trust may not be the same entity as the permittee. The as surance bond is payable at the discre tion of the RA to a designee as speci fied 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 trust ee in accordance with the RA’s instruc tions. A permittee will be deemed to be without the required financial assur ance in the event of bankruptcy of the trustee or issuing institution, or a sus pension 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. (xiii) Certification by the applicant that all broodstock, or progeny of such wild broodstock, used to provide juve niles to the aquaculture facility will be or were originally harvested from U.S. waters of the Gulf, and will be or were from the same population or sub population (based on the best scientific information available) where the facil ity is located, and that each individual broodstock was marked or tagged at the hatchery to allow for identification of those individuals used in spawning. (xiv) Certification by the applicant that no genetically engineered or transgenic animals are used or pos sessed for culture purposes at the aqua culture facility. (xv) Copy of a contractual arrange ment with an identified aquatic animal health expert to provide services to the aquaculture facility has been obtained. A copy of the license or certification also must be provided to NMFS. (xvi) A copy of an emergency disaster plan, developed for and to be used by the operator of the aquaculture facil ity, that includes, procedures for pre paring or if necessary removing aqua culture systems, aquaculture equip ment, and cultured animals in the event of a disaster (e.g., hurricane, tsu nami, harmful algal bloom, chemical or oil spill, etc.); (xvii) Any other information con cerning the aquaculture facility or its operations or equipment, as specified on the application form. (xviii) Any other information that may be necessary for the issuance or administration of the Gulf aquaculture permit, as specified on the application form. (b) Gulf aquaculture dealer permit. For a dealer to receive fish cultured by an aquaculture facility in the Gulf EEZ, that dealer must first obtain a Gulf aquaculture dealer permit. However, an owner or operator of an aquaculture fa cility with a Gulf aquaculture permit may purchase juvenile fish for grow out from a hatchery located in the Gulf EEZ without obtaining a dealer permit. To obtain a dealer permit, the appli cant must have a valid state whole saler’s license in the state(s) where the dealer operates, if required by such state(s), and must have a physical fa cility at a fixed location in such state(s). (1) Application for a Gulf aquaculture dealer permit. Application forms are available from the RA. The application must be submitted by the owner (in the case of a corporation, an officer; in the case of a partnership, a general part ner). Completed application forms and all required supporting documents must be submitted to the RA at least 30 days prior to the date on which the applicant desires to have the permit made effective. An applicant must pro vide the following: 322 50 CFR Ch. VI (10–1–22 Edition) § 622.101 (i) A copy of each state wholesaler’s license held by the dealer. (ii) Name, address, telephone number, date the business was formed, and other identifying information of the business. (iii) The address of each physical fa cility at a fixed location where the business receives fish from an aqua culture facility in the Gulf EEZ. (iv) Name, address, telephone num ber, other identifying information, and official capacity in the business of the applicant. (v) Any other information that may be necessary for the issuance or admin istration of the permit, as specified on the application form. (2) [Reserved] (c) Permit requirements for other aqua culture-related activities. For a person to do any of the following, such person must have in his/her possession and make available upon request by NMFS or an authorized officer, a copy of a valid Gulf aquaculture permit with an original (not copied) signature of the permit owner or owner’s agent: (1) Possess or transport fish in or from the Gulf EEZ to be cultured at an aquaculture facility (e.g., brood stock, fingerlings) or possess or transport fish from an aquaculture facility for land ing ashore and sale. (2) Operate, in support of aquaculture related activities, any vessel, vehicle, or aircraft authorized for use in oper ations related to an aquaculture facil ity, i.e., those registered for aqua culture operation use. (3) Harvest and retain on board a ves sel live wild broodstock for use in an aquaculture facility regardless of where the broodstock is harvested or possessed. (d) Permit-related procedures—(1) Fees. A fee is charged for each application for a permit submitted under this sec tion and for each request for renewal, transfer or replacement of such permit. The amount of each fee is calculated in accordance with the procedures of the NOAA Finance Handbook, available from the RA, for determining the ad ministrative costs of each special prod uct or service. The fee may not exceed such costs and is specified with each application form. The appropriate fee must accompany each application or request for renewal, transfer or re placement. (2) Review and notifications regarding a Gulf aquaculture permit. (i) The RA will review each application and make a preliminary determination whether the application is complete. An application is complete when all requested forms, information, and documentation have been received. If the RA determines that an application is complete, notifi cation of receipt of the application will be published in the FEDERAL REGISTER with a brief description of the proposal and specifying the intent of NMFS to issue a Gulf aquaculture permit. The public will be given up to 45 days to comment, and comments will be re quested during public testimony at a Council meeting. The RA will consult with other Federal agencies, as appro priate, and the Council concerning the permit application during the period in which public comments have been re quested. The RA will notify the appli cant in advance of any Council meeting at which the application will be consid ered, and offer the applicant the oppor tunity to appear in support of the ap plication. The RA may consider revi sions to the application made by the applicant in response to public com ment before approving or denying it. (ii) As soon as practicable after the opportunity for public comment ends, the RA will notify the applicant and the Council in writing of the decision to grant or deny the Gulf aquaculture permit. If the RA grants the permit, the RA will publish a notification of the permit approval in the FEDERAL REGISTER. If the RA denies the permit, the RA will advise the applicant, in writing, of the reasons for the denial and publish a notification in the FED ERAL REGISTER announcing the denial and the basis for it. Grounds for denial of a Gulf aquaculture permit include the following: (A) The applicant has failed to dis close material information or has made false statements with respect to any material fact, in connection with the Gulf aquaculture permit application; (B) Based on the best scientific infor mation available, issuance of the per mit would pose significant risk to wild fish stocks, marine mammals, threat ened or endangered species, essential 323 Fishery Conservation and Management § 622.101 fish habitat, public health, or safety; or, (C) Activities proposed to be con ducted under the Gulf aquaculture per mit are inconsistent with aquaculture regulations in this section, the man agement objectives of the FMP, or the Magnuson-Stevens Act or other appli cable law. (D) Use of the proposed site is denied based on the criteria set forth in § 622.103(a)(4). (3) Initial issuance. (i) Upon receipt of an incomplete application, the RA will notify the applicant of the deficiency. If the applicant fails to correct the de ficiency within 60 days of the date of the RA’s letter of notification or re quest an extension of time by con tacting the NMFS Southeast Regional Office before the end of the 60-day timeframe, the application will be con sidered abandoned. (ii) Prior to issuance of a Gulf aqua culture permit, a copy of currently valid Federal permits (e.g., ACOE Sec tion 10 permit, and Environmental Pro tection Agency (EPA) National Pollut ant Discharge Elimination System (NPDES) permit) applicable to the pro posed aquaculture site, facilities, or operations, must be submitted to NMFS. (iii) The RA will issue an initial per mit to an applicant after the review and notification procedures set forth in paragraph (d)(2)(i) of this section are complete and the decision to grant the permit is made under paragraph (d)(2)(ii) of this section. The initial per mit will be issued 30 days after the RA notifies the applicant of the decision to grant the permit, unless NMFS re ceives a written request from the appli cant before the end of the 30 day period to defer issuance of the permit. If the applicant requests a deferral, NMFS will include this information in the no tification of permit approval published in the FEDERAL REGISTER as specified in paragraph (d)(2)(ii) of this section and will publish a FEDERAL REGISTER notice upon permit issuance. Permit issuance will be deferred for two years from the date of the RA notification unless the applicant sends a written re quest to NMFS to issue the permit at an earlier date. This written request must be received by NMFS at least 30 days prior to the date the applicant de sires the permit to be effective. (4) Duration. A Gulf aquaculture per mit will initially be issued for a 10-year period and may be renewed in 5-year increments thereafter. An aquaculture dealer permit is an annual permit and must be renewed annually. A permit remains valid for the period specified on it unless it is revoked, suspended, or modified pursuant to subpart D of 15 CFR part 904 or the aquaculture facil ity is sold and the permit has not been transferred or the dealership is sold. Once the aquaculture permit is no longer valid, all components of the aquaculture facility, including cul tured animals remaining in approved aquaculture systems, must be removed immediately from the Gulf EEZ. (5) Transfer. (i) A Gulf aquaculture permit is transferable to an eligible person, i.e., a U.S. citizen or permanent resident alien if the geographic loca tion of the aquaculture site remains unchanged. An eligible person who ac quires an aquaculture facility that is currently permitted and who desires to conduct activities for which a permit is required may request that the RA transfer the permit to him/her. At least 30 days prior to the desired effective date of the transfer, such a person must complete and submit to the RA or via the Web site a permit transfer request form that is available from the RA. The permit transfer request form must be accompanied by the original Gulf aquaculture permit, a copy of a signed bill of sale or equivalent acqui sition papers, and a written agreement between the transferor and transferee specifying who is assuming the respon sibilities and liabilities associated with the Gulf aquaculture permit and the aquaculture facility, including all the terms and conditions associated with the original issuance of the Gulf aqua culture permit. All applicable permit requirements and conditions must be satisfied prior to a permit transfer, in cluding any necessary updates, e.g., up dates regarding required certifications, legal responsibility for assurance bond, other required permits, etc. The seller must sign the back of the Gulf aqua culture permit, and have the signed transfer document notarized. Final transfer of a Gulf aquaculture permit 324 50 CFR Ch. VI (10–1–22 Edition) § 622.102 will occur only after the RA provides official notice to both parties that the transferee is eligible to receive the per mit and that the transfer is otherwise valid. (ii) An aquaculture dealer permit is not transferable. (6) Renewal. An aquaculture facility owner or aquaculture dealer who has been issued a permit under this subpart must renew such permit consistent with the applicable duration of the per mit specified in paragraph (d)(4) of this section. The RA will mail an aqua culture facility owner or aquaculture dealer whose permit is expiring an ap plication for renewal at least 6 months prior to the expiration date of a Gulf aquaculture facility permit and ap proximately 2 months prior to the expi ration date of an aquaculture dealer permit. An aquaculture facility owner or aquaculture dealer who does not re ceive a renewal application from the RA within the time frames indicated in this paragraph must contact the RA and request a renewal application. The applicant must submit a completed re newal application form and all required supporting documents to the RA at least 120 days prior to the date on which the applicant desires to have a Gulf aquaculture permit made effective and at least 30 days prior to the date on which the applicant desires to have an aquaculture dealer permit made effec tive. If the RA receives an incomplete application, the RA will notify the ap plicant of the deficiency. If the appli cant fails to correct the deficiency within 60 days of the date of the RA’s letter of notification or request an ex tension of time by contacting the NMFS Southeast Regional Office be fore the end of the 60 day timeframe, the application will be considered abandoned. (7) Display. A Gulf aquaculture per mit issued under this section must be prominently displayed and available for inspection at the aquaculture facil ity. The permit number should also be included on the buoys or other floating devices used to mark the restricted ac cess zone of the operation as specified in § 622.104(c). An aquaculture dealer permit issued under this section, or a copy thereof, must be prominently dis played and available on the dealer’s premises. In addition, a copy of the dealer’s permit, or the aquaculture fa cility’s permit (if the fish have not yet been purchased by a dealer), must ac company each vehicle that is used to receive fish harvested from an aqua culture facility in the Gulf EEZ. A ve hicle operator must present the permit or a copy for inspection upon the re quest of an authorized officer. (8) Sanctions and denials. A Gulf aqua culture permit or aquaculture dealer permit issued pursuant to this section may be revoked, suspended, or modi fied, and such permit applications may be denied, in accordance with the pro cedures governing enforcement-related permit sanctions and denials found at subpart D of 15 CFR part 904. (9) Alteration. A Gulf aquaculture per mit or aquaculture dealer permit that is altered, erased, or mutilated is in valid. (10) Replacement. A replacement Gulf aquaculture permit or aquaculture dealer permit may be issued. An appli cation for a replacement permit is not considered a new application. (11) Change in application information. An aquaculture facility owner or aqua culture dealer who has been issued a permit under this subpart must notify the RA within 30 days after any change in the applicable application informa tion specified in paragraphs (a) or (b) of this section. If any change in the infor mation is not reported within 30 days aquaculture operations may no longer be conducted under the permit. § 622.102 Recordkeeping and report ing. (a) Participants in Gulf aquaculture activities addressed in this subpart must keep records and report as speci fied in this section. Unless otherwise specified, required reporting must be accomplished electronically via the Web site. See § 622.100(a)(3) regarding provisions for paper-based reporting in lieu of electronic reporting during cat astrophic conditions as determined by the RA. Recordkeeping (i.e., maintain ing records versus submitting reports) may, to the extent feasible, be main tained electronically; however, paper based recordkeeping also is acceptable. (1) Aquaculture facility owners or oper ators. An aquaculture facility owner or 325 Fishery Conservation and Management § 622.102 operator must comply with the fol lowing requirements: (i) Reporting requirements—(A) Trans port of fingerlings/juvenile fish to an aquaculture facility. Report the time, date, species and number of cultured fingerlings or other juvenile animals that will be transported from a hatch ery to an aquaculture facility at least 72 hours prior to transport. This infor mation may be submitted electroni cally via the Web site or via phone. In addition, permittees are to maintain and make available to NMFS or an au thorized officer upon request a written or electronic daily record of the num ber of cultured animals introduced into and the total pounds and average weight of fish removed from each ap proved aquaculture system, including mortalities, for the most recent 3 years. (B) Major escapement. Report any major escapement or suspected major escapement within 24 hours of the event. Major escapement is defined as the escape, within a 24-hour period, of 10 percent of the fish from a single ap proved aquaculture system (e.g., one cage or one net pen) or 5 percent or more of the fish from all approved aquaculture systems combined, or the escape, within any 30-day period, of 10 percent or more of the fish from all ap proved aquaculture systems combined. The report must include the items in paragraphs (a)(1)(i)(B)(1) through (6) of this section and may be submitted electronically via the Web site. If no major escapement occurs during a given year, an annual report must be submitted via the Web site on or before January 31 each year indicating no major escapement occurred. (1) Gulf aquaculture permit number; (2) Name and phone number of a con tact person; (3) Duration and specific location of escapement, including the number of cages or net pens involved; (4) Cause(s) of escapement; (5) Number, size, and percent of fish, by species, that escaped; and (6) Actions being taken to address the escapement. (C) Pathogens. Report, within 24 hours of diagnosis, all findings or sus pected findings of any OIE-reportable pathogen episodes or pathogens that are identified as reportable pathogens in the NAAHP, as implemented by the USDA and U.S. Departments of Com merce and Interior, that are known to infect the cultured species. The report must include the items in paragraphs (a)(1)(i)(C)(1) through (6) of this section and may be submitted electronically via the Web site. If no finding or sus pected finding of an OIE-reportable pathogen episode occurs during a given year, an annual report must be sub mitted via the Web site on or before January 31 each year indicating no finding or suspected finding of an OIE reportable pathogen episode occurred. See § 622.108(a)(1) regarding actions NMFS may take to address a pathogen episode. (1) OIE-reportable pathogen; (2) Percent of cultured animals in fected; (3) Findings of the aquatic animal health expert; (4) Plans for submission of specimens for confirmatory testing (as required by the USDA); (5) Testing results (when available); and (6) Actions being taken to address the reportable pathogen episode. (D) Harvest notification. Report the time, date, and weight of fish to be har vested from an aquaculture facility at least 72 hours prior to harvest. This in formation may be submitted electroni cally via the Web site or via phone. (E) Landing information. Report the intended time, date, and port of land ing for any vessel landing fish har vested from an aquaculture facility at least 72 hours prior to landing. This in formation may be submitted electroni cally via the Web site or via phone. The person landing the cultured animals must validate the dealer transaction report required in paragraph (a)(2)(i) of this section by entering the unique PIN number of the Gulf aquaculture permit holder from whom the fish were re ceived when the transaction report is submitted. (F) Change of hatchery. Report any change in hatcheries used for obtaining fingerlings or other juvenile animals and provide updated names and ad dresses or specific locations (if no ad dress is available) for the applicable hatcheries no later than 30 days after 326 50 CFR Ch. VI (10–1–22 Edition) § 622.102 any such change occurs. This informa tion may be submitted electronically via the Web site. (G) Entanglements or interactions with marine mammals, endangered species, or migratory birds. Report any entangle ment or interaction with marine mam mals, endangered species, or migratory birds within 24 hours of the event. The report must include the items included in paragraphs (a)(1)(i)(G)(1) through (5) of this section and may be submitted electronically via the Web site. If no entanglement or interaction with ma rine mammals, endangered species, or migratory birds occurs during a given year, an annual report must be sub mitted via the Web site on or before January 31 each year indicating no en tanglement or interaction occurred. (1) Date, time, and location of entan glement or interaction. (2) Species entangled or involved in interactions and number of individuals affected; (3) Number of mortalities and acute injuries observed; (4) Cause of entanglement or inter action; and (5) Actions being taken to prevent fu ture entanglements or interactions. (H) Feed invoices. The permittee must keep the original purchase invoices for feed or copies of purchase invoices for feed, make them available to NMFS or an authorized officer upon request, and be maintained for a period of 3 years. (I) Any other reporting requirements specified by the RA for evaluating and assessing the environmental impacts of an aquaculture operation. (ii) Other reporting requirements. In ad dition to the reporting requirements in paragraph (a)(1)(i) of this section, an aquaculture facility owner or operator must comply with the following report ing requirements: (A) Provide NMFS with current cop ies of all valid state and Federal per mits (e.g., ACOE Section 10 permit, EPA NPDES permit) required for con ducting offshore aquaculture and re port any changes applicable to those permits. (B) Provide NMFS with current cop ies of all valid state and Federal aqua culture permits for each hatchery from which fingerlings or other juvenile ani mals are obtained and report any changes applicable to those permits within 30 days. (iii) Recordkeeping requirements. An aquaculture facility owner or operator must comply with the following record keeping requirements: (A) Maintain for the most recent 3 years and make available to NMFS or an authorized officer, upon request, monitoring reports related to aqua culture activities required by all other state and Federal permits (e.g., EPA NPDES permit) required for con ducting offshore aquaculture. (B) Maintain records of all sales of fish for the most recent 3 years and make that information available to NMFS or an authorized officer upon re quest. Sale records must include the species and quantity of fish sold in pounds round weight; estimated aver age weight of fish sold to the nearest tenth of a pound by species; date sold; and the name of the entity to whom fish were sold. (2) Aquaculture dealer recordkeeping and reporting requirements. A dealer who purchases fish from an aquaculture fa cility in the Gulf EEZ must: (i) Complete a landing transaction report for each landing and sale of cul tured animals via the Web site at the time of the transaction in accordance with reporting form and instructions provided on the Web site. This report includes date, time, and location of transaction; information necessary to identify the Gulf aquaculture permit holder, vessel, and dealer involved in the transaction; quantity, in pounds round weight, and estimated average weight of each species landed to the nearest tenth of a pound; and average price paid for cultured animals landed and sold by market category. A dealer must maintain such record for at least 3 years after the receipt date and must make such record available for inspec tion upon request to NMFS or an au thorized officer. (ii) After the dealer submits the re port and the information has been verified, the Web site will send a trans action approval code to the dealer and the aquaculture permit holder. (b) [Reserved] 327 Fishery Conservation and Management § 622.105 § 622.103 Aquaculture facilities. (a) Siting requirements and conditions. (1) No aquaculture facility may be sited in the Gulf EEZ within a marine protected area, marine reserve, Habitat Area of Particular Concern, Special Management Zone, permitted artificial reef area specified in this part or a coral area as defined in § 622.2. (2) No aquaculture facility may be sited within 1.6 nautical miles (3 km) of another aquaculture facility and all structures associated with the facility must remain within the sited bound aries. (3) To allow fallowing and rotation of approved aquaculture systems within a site permitted by the ACOE and ap proved by NMFS, the permitted site for the aquaculture facility must be at least twice as large as the combined area of the aquaculture systems. (4) The RA will evaluate siting cri teria for proposed offshore aquaculture operations on a case-by-case basis. Cri teria considered by the RA during case by-case review include data, analyses, and results of the required baseline en vironmental survey as specified in § 622.101(a)(2)(v); depth of the site; the frequency of harmful algal blooms or hypoxia at the proposed site; marine mammal migratory pathways; the lo cation of the site relative to commer cial and recreational fishing grounds and important natural fishery habitats (e.g., seagrasses). The RA may deny use of a proposed aquaculture site based on a determination by the RA that such a site poses significant risks to wild fish stocks, essential fish habitat, endan gered or threatened species, marine mammals, will result in user conflicts with commercial or recreational fisher men or other marine resource users, will result in user conflicts with the OCS energy program, the depth of the site is not sufficient for the approved aquaculture system, substrate and cur rents at the site will inhibit the dis persal of wastes and effluents, the site is prone to low dissolved oxygen or harmful algal blooms, or other grounds inconsistent with FMP objectives or applicable Federal laws. The informa tion used for siting a facility with re gard to proximity to commercial and recreational fishing grounds includes electronic logbooks from the shrimp fishery, logbook reported fishing loca tions, siting information from pre viously proposed or permitted aqua culture facilities, and other data that would provide information regarding how the site would interact with other fisheries. The RA’s determination will be based on consultations with appro priate NMFS and NOAA offices and programs, public comment, as well as siting and other information submitted by the permit applicant. If a proposed site is denied, the RA will deny the Gulf Aquaculture Permit and provide this determination as required by § 622.101(d)(2)(ii). (b) [Reserved] § 622.104 Restricted access zones. (a) Establishment of restricted access zones. NMFS will establish a restricted access zone for each aquaculture facil ity. The boundaries of the restricted access zone will correspond with the coordinates listed on the approved ACOE Section 10 permit associated with the aquaculture facility. (b) Prohibited activities within a re stricted access zone. No recreational fishing or commercial fishing, other than aquaculture, may occur in the re stricted access zone. No fishing vessel may operate in or transit through the restricted access zone unless the vessel has on board a copy of the aquaculture facility’s permit with an original sig nature, i.e., not a copy of the signature, of the permittee. (c) Marking requirement. The per mittee must mark the restricted access zone with a floating device such as a buoy at each corner of the zone, as au thorized by the USCG. Each floating device must clearly display the aqua culture facility’s permit number and the words ‘‘RESTRICTED ACCESS’’ in block characters at least 6 inches (15.2 cm) in height and in a color that con trasts with the color of the floating de vice. § 622.105 Allowable aquaculture sys tems and species. (a) Allowable aquaculture systems. The RA will evaluate each proposed aqua culture system on a case-by-case basis and approve or deny use of the pro posed system for offshore marine aqua culture in the Gulf EEZ. Proposed 328 50 CFR Ch. VI (10–1–22 Edition) § 622.106 aquaculture systems may consist of cages, net pens, enclosures or other structures and gear which are used to culture marine species. The RA will evaluate the structural integrity of a proposed aquaculture system based, in part, on the required documentation (e.g., engineering analyses, computer and physical oceanographic model re sults) submitted by the applicant to as sess the ability of the aquaculture sys tem(s) (including moorings) to with stand physical stresses associated with major storm events, e.g. hurricanes, storm surge. The RA also will evaluate the proposed aquaculture system and its operations based on the potential to pose significant risks to essential fish habitat, endangered or threatened spe cies, marine mammals, wild fish stocks, public health, or safety. The RA may deny use of a proposed aqua culture system or specify conditions for using an aquaculture system based on a determination of such significant risks. The RA’s evaluation will be based on information provided by the applicant as well as consultations with appropriate NMFS and NOAA offices and programs. If the RA denies use of a proposed aquaculture system or speci fies conditions for its use, the RA will deny the Gulf Aquaculture Permit and provide this determination as required by § 622.101(d)(2)(ii). (b) Allowable aquaculture species. Only the following federally managed spe cies that are native to the Gulf and are not genetically engineered or transgenic, may be cultured in an aquaculture facility in the Gulf EEZ: (1) Species of coastal migratory pe lagic fish, as defined in § 622.2. (2) Species of Gulf reef fish, as listed in appendix A to this part. (3) Red drum, Sciaenops ocellatus. (4) Spiny lobster, Panulirus argus. § 622.106 Aquaculture operations. (a) Operational requirements and re strictions. An owner or operator of an aquaculture facility for which a Gulf aquaculture permit has been issued must comply with the following oper ational requirements and restrictions. (1) Minimum start-up requirement. At least 25 percent of aquaculture systems approved for use at a specific aqua culture facility at the time of permit issuance must be placed in the water at the permitted aquaculture site within 2 years of issuance of the Gulf aqua culture permit, and allowable species for aquaculture must be placed in the aquaculture system(s) within 3 years of issuance of the permit. Failure to com ply with these requirements will be grounds for revocation of the permit. A permittee may request a 1-year exten sion to the above time schedules in the event of a catastrophe (e.g., hurricane). Requests must be made in writing and submitted to the RA. The RA will ap prove or deny the request after deter mining if catastrophic conditions di rectly caused or significantly contrib uted to the permittee’s failure to meet the required time schedules. The RA will provide the determination and the basis for it, in writing, to the per mittee. (2) Marking requirement. The per mittee must maintain a minimum of one properly functioning electronic lo cating device (e.g., GPS device, pinger with radio signal) on each approved aquaculture system placed in the water at the aquaculture facility. (3) Restriction on allowable hatcheries. A permittee may only obtain juvenile animals for grow-out at an aquaculture facility from a hatchery located in the U.S. (4) Hatchery certifications. (i) The per mittee must obtain and submit to NMFS a signed certification from the owner(s) of the hatchery, from which fingerlings or other juvenile animals are obtained, indicating the broodstock have been individually marked or tagged (e.g., via a Passive Integrated Transponder (PIT), coded wire, dart, or internal anchor tag) to allow for iden tification of those individuals used in spawning. (ii) The permittee also must obtain and submit to NMFS signed certifi cation from the owner(s) of the hatch ery indicating that fin clips or other genetic materials were collected and submitted for each individual brood animal in accordance with procedures specified by NMFS. (iii) The certifications required in paragraphs (a)(4)(i) and (ii) of this sec tion must be provided to NMFS by the 329 Fishery Conservation and Management § 622.106 permittee each time broodstock are ac quired by the hatchery or used for spawning. (5) Health certification. Prior to stock ing fish in an approved aquaculture system at an aquaculture facility in the Gulf EEZ, the permittee must pro vide NMFS a copy of a health certifi cate (suggested form is USDA/Animal and Plant Health Inspection Service (APHIS) VS 17–141, OMB 0579–0278) signed by an aquatic animal health ex pert, as defined in § 622.101(a)(2)(xv), certifying that the fish have been in spected and are visibly healthy and the source population is test negative for OIE pathogens specific to the cultured species and pathogens identified as re portable pathogens in the NAAHP as implemented by the USDA and U.S. Departments of Commerce and Inte rior. (6) Use of drugs and other chemicals or agents. Use of drugs, pesticides, and biologics must comply with all applica ble Food and Drug Administration (FDA), EPA, and USDA requirements (e.g., Federal, Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; Clean Water Act, 40 CFR part 122; 9 CFR parts 101 through 124; 21 CFR parts 500 through 599; and 40 CFR parts 150 through 189). (7) Feed practices and monitoring. The permittee must conduct feed moni toring and management practices in compliance with EPA regulations at 40 CFR 451.21, if applicable to the facility. (8) Monitoring and reporting compli ance. The permittee must monitor and report the environmental survey pa rameters at the aquaculture facility consistent with NMFS’ guidelines that will be available on the Web site and from the RA upon request. The per mittee also must comply with all ap plicable monitoring and reporting re quirements specified in their valid ACOE Section 10 permit and valid EPA NPDES permit. (9) Inspection for protected species. The permittee must regularly inspect ap proved aquaculture systems, including mooring and anchor lines, for entangle ments or interactions with marine mammals, protected species, and mi gratory birds. The frequency of inspec tions will be specified by NMFS as a condition of the permit. If entangle ments or interactions are observed, they must be reported as specified in § 622.102(a)(1)(i)(G). (10) Fishing gear stowage requirement. Any vessel transporting cultured ani mals to or from an aquaculture facility must stow fishing gear as follows: (i) A longline may be left on the drum if all gangions and hooks are dis connected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. (ii) A trawl net may remain on deck, but trawl doors must be disconnected from the trawl gear and must be se cured. (iii) A gillnet must be left on the drum. Any additional gillnets not at tached to the drum must be stowed below deck. (iv) A rod and reel must be removed from the rod holder and stowed se curely on or below deck. Terminal gear (i.e., hook, leader, sinker, flasher, or bait) must be disconnected and stowed separately from the rod and reel. Sink ers must be disconnected from the down rigger and stowed separately. (v) All other fishing gear must be stored below deck or in an area where it is not normally used or readily avail able for fishing. (11) Prohibition of possession of wild fish in restricted access zone. Except for broodstock, authorized pursuant to paragraph (a)(16) of this section, pos session of any wild fish at or within the boundaries of an aquaculture facility’s restricted access zone is prohibited. (12) Prohibition of possession of wild fish aboard vessels, vehicles, or aircraft associated with aquaculture operations. Possession and transport of any wild fish aboard an aquaculture operation’s transport or service vessels, vehicles, or aircraft is prohibited while engaged in aquaculture related activities, ex cept when harvesting broodstock as au thorized by NMFS. (13) Maintaining fish intact prior to landing. Cultured finfish must be main tained whole with heads and fins intact until landed on shore. Such fish may be eviscerated, gilled, and scaled, but must otherwise be maintained in a whole condition. Spiny lobster must be maintained whole with the tail intact until landed on shore. 330 50 CFR Ch. VI (10–1–22 Edition) § 622.107 (14) Restriction on offloading. For the purpose of this paragraph, offload means to remove cultured animals from a vessel following harvest from an offshore aquaculture facility. Cultured animals may only be offloaded between 6 a.m. and 6 p.m., local time. (15) Bill of lading requirement. Any cultured animals harvested from an aquaculture facility and being trans ported must be accompanied by the ap plicable bill of lading through landing ashore and the first point of sale. The bill of lading must include species name, quantity in numbers or pounds by species, date and location of land ing, Gulf aquaculture permit number of the aquaculture facility from which the fish were harvested, and name and address of purchaser. (16) Request to harvest broodstock. (i) At least 30 days prior to each time a permittee or their designee intends to harvest broodstock from the Gulf, in cluding from state waters, that would be used to produce juvenile fish for an aquaculture facility in the Gulf EEZ, the permittee must submit a request to the RA via the Web site using a Web based form. The information submitted on the form must include the number, species, and size of fish to be harvested; methods, gear, and vessels (including USCG documentation or state registra tion number) to be used for capturing, holding, and transporting broodstock; date and specific location of intended harvest; and the location to which broodstock would be delivered. (ii) Allowable methods or gear used for broodstock capture in the EEZ in clude those identified for each respec tive fishery in § 600.725, except red drum, which may be harvested only with handline or rod and reel. (iii) The RA may deny or modify a re quest for broodstock harvest if allow able methods or gear are not proposed for use, the number of fish harvested for broodstock is more than necessary for purposes of spawning and rearing activities, or the harvest will be incon sistent with FMP objectives or other Federal laws. If a broodstock collection request is denied or modified, the RA will provide the determination and the basis for it, in writing to the per mittee. If a broodstock collection re quest is approved, the permittee must submit a report to the RA including the number and species of broodstock harvested, their size (length and weight), and the geographic location where the broodstock were captured. The report must be submitted on a Web-based form available on the Web site no later than 15 days after the date of harvest. (iv) Notwithstanding the require ments in § 622.106(a)(16), all proposed harvest of broodstock from state waters also must comply with all state laws applicable to the harvest of such species. (17) Authorized access to aquaculture facilities. A permittee must provide NMFS employees and authorized offi cers access to an aquaculture facility to conduct inspections or sampling necessary to determine compliance with the applicable regulations relat ing to aquaculture in the Gulf EEZ. In conducting the inspections, NMFS may enter into cooperative agreements with States, may delegate the inspection au thority to any State, or may contract with any non-Federal Government en tities. As a condition of the permit, NMFS may also require the permittee to contract a non-Federal Government third party approved by the RA if the RA agrees to accept the third party in spection results. The non-Federal Gov ernment third party may not be the same entity as the permittee. (b) [Reserved] § 622.107 Limitation on aquaculture production. No individual, corporation, or other entity will be authorized to produce more than 12.8 million lb (5.8 million kg), round weight, of cultured species annually from permitted aquaculture facilities in the Gulf EEZ. Production of juvenile fish by a hatchery in the Gulf EEZ will not be counted toward this limitation because those fish would be accounted for subsequently via reported harvest at the aquaculture facility where grow out occurs. § 622.108 Remedial actions. (a) Potential remedial actions by NMFS. In addition to potential permit sanc tions and denials in accordance with subpart D of 15 CFR part 904, NMFS 331 Fishery Conservation and Management § 622.170 may take the following actions, as war ranted, to avoid or mitigate adverse impacts associated with aquaculture in the Gulf EEZ. (1) Actions to address pathogen epi sodes. NMFS, in cooperation with USDA’s APHIS, may order movement restrictions and/or the removal of all cultured animals from an approved aquaculture system upon confirmation by a USDA’s APHIS reference labora tory that an OIE-reportable pathogen, or additional pathogens that are subse quently identified as reportable patho gens in the NAAHP exists and USDA’s APHIS and NMFS determine the pathogen poses a significant threat to the health of wild or cultured aquatic organisms. (2) Actions to address genetic issues. NMFS may sample cultured animals to determine genetic lineage and, upon a determination that genetically engi neered or transgenic animals were used or possessed at an aquaculture facility, will order the removal of all cultured animals of the species for which such determination was made. In conducting the genetic testing to determine that all broodstock or progeny of such broodstock will be or were originally harvested from U.S. waters of the Gulf, will be or were from the same popu lation or sub-population that occurs where the facility is located, and that juveniles stocked in offshore aqua culture systems are the progeny of wild broodstock, or other genetic testing necessary to carry out the require ments of the FMP, NMFS may enter into cooperative agreements with States, may delegate the testing au thority to any State, or may contract with any non-Federal Government en tities. As a condition of the permit, NMFS may also require the permittee to contract a non-Federal Government third party approved by the RA if the RA agrees to accept the third party testing results. The non-Federal Gov ernment third party may not be the same entity as the permittee. (b) [Reserved] § 622.109 Adjustment of management measures. In accordance with the framework procedures of the FMP for Regulating Offshore Marine Aquaculture in the Gulf of Mexico, the RA may establish or modify the items in paragraph (a) of this section for offshore marine aqua culture. (a) For the entire aquaculture fish ery: MSY, OY, permit application re quirements, operational requirements and restrictions, including monitoring requirements, aquaculture system re quirements, siting requirements for aquaculture facilities, and record keeping and reporting requirements. (b) [Reserved] Subparts G–H [Reserved] Subpart I—Snapper-Grouper Fish ery of the South Atlantic Re gion § 622.170 Permits and endorsements. (a) Commercial vessel permits—(1) South Atlantic snapper-grouper. For a person aboard a vessel to be eligible for ex emption from the bag limits for South Atlantic snapper-grouper in or from the South Atlantic EEZ, to sell South Atlantic snapper-grouper in or from the South Atlantic EEZ, to engage in the directed fishery for golden tilefish in the South Atlantic EEZ, to use a longline to fish for South Atlantic snapper-grouper in the South Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ between 35°15.19′ N. lat. (due east of Cape Hatteras Light, NC) and 28°35.1′ N. lat. (due east of the NASA Vehicle Assembly Build ing, Cape Canaveral, FL), either a com mercial vessel permit for South Atlan tic Unlimited Snapper-Grouper Permit or a trip-limited permit for South At lantic snapper-grouper must have been issued to the vessel and must be on board. A vessel with a trip-limited commercial permit is limited on any trip to 225 lb (102.1 kg) of snapper grouper. See § 622.171 for limitations on the use, transfer, and renewal of a com mercial vessel permit for South Atlan tic snapper-grouper. (2) Wreckfish. For a person aboard a vessel to be eligible for exemption from the bag limit for wreckfish in or from the South Atlantic EEZ, to fish under a quota for wreckfish in or from the South Atlantic EEZ, or to sell