TO WHOM IT MAY CONCERN: To simplify and speed processing of Department of the Army permits, the Jacksonville District, U.S. Army Corps of Engineers (Corps) proposes to reissue Programmatic General Permit (PGP) SAJ-99 for aquaculture activities in navigable waters of the United Stated within the State of Florida. The Florida Department of Agriculture and Consumer Services (FDACS) requests authority to verify SAAJ-99 on behalf of the Corps. The current PGP was authorized on August 9, 2018 and is set to expire on August 8, 2023. A public notice to modify the current PGP to include additional aquaculture gear types was posted November 26, 2019. Because the PGP is close to the expiration date, the Corps is proposing to reissue the PGP early instead of modifying the PGP and retaining the current expiration date. The proposed reissuance includes additional gear types for seaweed and scallop aquaculture. A draft PGP is attached for your review and comment.
The proposed PGP authorizes the following:
1. Live Rock aquaculture
a. Deposition of materials for live rock
2. Shellfish Aquaculture:
a. Discharges of dredged or fill material (e.g., shell hash, bags seeded with clams, rock) necessary for shellfish such as seeding, rearing, cultivating, relaying, transplanting, and harvesting activities
b. Suspended and off-bottom bivalve shellfish culture methodologies (floating basket, suspended basket and longline, and off-bottom basket)
c. Suspended longline culture methods with lantern and pearl nets for scallops.
3. Seaweed Aquaculture
a. Production and harvest of native plants and macroalgae using existing (i.e., already authorized) bivalve shellfish aquaculture gear (floating basket, suspended basket and longline, and off-bottom basket);
b. Production and harvest of native plants and macroalgae with the use of suspended longlines.
4. Ancillary Structures: The deployment and maintenance of lines, anchors, marking buoys and other equipment associated with production is proposed, as is work such as seeding, transporting and harvesting cultured products.
The list of activities would occur within navigable waters of the United States within the State of Florida. These navigable waters are limited to the area between approximately 3 marine leagues (approximately 9 nautical miles) offshore and the mean high water line on shore on the Gulf coast, and the area between approximately 3 geographical miles offshore and mean high water line on shore on the Atlantic coast.
The term “General Permit” means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. General permits are a way to reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. General permits are reviewed every five years. After five years general permits may be re-issued, suspended, or revoked.
An assessment of the cumulative impacts of work authorized under a general permit is performed prior to authorization. In most instances, projects which comply with the conditions of a general permit can receive project specific authorization. Projects that do not comply with the conditions of a general permit may still receive authorization via a “standard permit”, but the application must be individually evaluated and coordinated with third parties, including the Federal and State resource agencies. Review of an application for a “standard permit” takes additional time to complete as conflict resolution may be required.
AVOIDANCE AND MINIMIZATION INFORMATION – This PGP would allow for all aquaculture-related devices authorized in this PGP to be placed within primarily navigable waters near, or inshore. Unless specifically authorized, this PGP does not authorize impacts to aquatic resources, such as SAV or wetlands. Only minor fill in navigable waters would occur as a result of authorized activities. All activities must comply with the special and general conditions of the PGP.
COMPENSATORY MITIGATION – No activities would be authorized in wetlands or any other special aquatic site. Due to the minor nature of impacts, and no adverse impacts to special aquatic sites, no mitigation will be required for the proposed activities.
CULTURAL RESOURCES – The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. The activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES – The Corps has determined the proposed project may affect but is not likely to adversely affect the species and critical habitat listed in Table 1 and 2. The Corps will request U.S. Fish and Wildlife Service and National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Table 1. ESA-listed Species in the Action Area and Effect Determination(s)
E = endangered; T = threatened; NLAA = may affect, not likely to adversely affect; NE = no effect; LAA = Likely to Adversely Affect, N/A = not applicable
We have assessed the critical habitats that overlap with the action area and our determination of the project’s potential effects to them as shown in Table 2 below.
Table 2. Critical Habitat(s) in the Action Area and Effect Determination(s)
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Species
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Critical Habitat Rule/Date
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Effect Determination
(Critical Habitat)
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Sea Turtles
|
|
|
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Loggerhead sea turtle (Northwest Atlantic Ocean DPS)
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79 FR 39856/
July 10, 2014
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NLAA
|
|
Fish
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|
|
|
Gulf sturgeon
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68 FR 13370/
March 19, 2003
|
NLAA
|
E = endangered; T = threatened; NLAA = may affect, not likely to adversely affect; NE = no effect; N/A = not applicable
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact unconsolidated bottom in the marine and estuarine habitat of navigable waters within the State of Florida. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic region. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of John P. Fellows at John.P.Fellows@usace.army.mil within 30 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, John P. Fellows, by electronic mail at k John.P.Fellows@usace.army.mil or, by telephone at (813)769-7070.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.