California Sustainable Oceans Act (SB201)
California’s Sustainable Oceans Act is the nation’s strongest law to control and regulate open-ocean aquaculture. Adopted on May 26, 2006, it addresses all relevant environmental, socioeconomic, and liability concerns for marine finfish aquaculture in state waters. The Act sets forth strict environmental standards which minimize impacts to water quality, wild fish, and the surrounding ocean ecosystem. It requires the preparation of an environmental report which considers the breadth of these impacts for any proposed project, as well as a state-wide analysis of potential cumulative impacts steming from the development of the industry in CA. The following is a summary of the provisions set forth in the Act.
Environment
Environmental impact reports on site-specific and cumulative environmental impacts are required for existing and proposed aquaculture operations.
Approved sites must not conflict with existing fishing and other public trust uses, disrupt or harm wildlife or habitats, or otherwise reduce the ability of the marine environment to support ecologically significant plant and animal life.
Siting and operation must consider effects on sensitive marine and coastal habitats.
Baseline assessments of nutrient pollution are required, and lessee must perform regular benthic and water quality monitoring.
Waste discharge must be prevented to the greatest degree possible. Lessees must meet requirements of the Clean Water Act, NDPES, State Water Control Board, and regional water quality control boards.
Facilities must be designed, operated, and shown to prevent escapes and withstand extreme weather conditions. All escapes must be reported immediately. All fish must be marked to identify farm of origin.
Fish densities must be limited to what can be safely raised without harming the marine environment.
The use of drugs and chemicals must be minimized and reported. All drugs and chemicals used must be FDA-approved.
Use of wild-caught fish and other marine resources for feed (including fish meal and fish oil) must be minimized.
Alternatives to fish meal/oil or byproducts from seafood processing must be used where available and appropriate to meet the nutritional needs of the farmed fish.
Liability
Applicants must assess and remedy damages to the marine environment, including the impacts of escaped fish.
Upon lease termination regardless of reason, lessee must restore sites to pre-lease conditions.Regulatory Authority
The state may remove fish, terminate leases, and/or close facilities not in compliance with best practices or when operations may damage the marine environment.
Transparency, Public Involvement, and Equity
The state’s aquaculture program will be transparent, including adequate public hearings, sufficient notice and public comment prior to all permitting decisions, and public records of chemical and biological pollutant discharge.
Reasonable permit fees will provide a fair return to the public and generate funds to assess, monitor, and enforce programs.
Permits can be issued for no more than ten years and renewed for additional periods no greater than five years.
All active news articles