Environmentalists have 30 days from May 15 to appeal the EPA ruling; issue may again wind up in federal court
The U.S. Environmental Protection Agency approved a modified permit on May 15 for the Ocean Era aquaculture project, which would raise up to 55,000 pounds of redfish in an offshore net pen in federal waters off of Sarasota County.
Hawaii-based Ocean Era Inc., the company attempting to establish the fish farm dubbed Velella Epsilon as a demonstration project, started its effort in 2019 and originally received EPA approval in 2022.
But in 2023, it opted to file for a modified permit after a decision was made to change from Almaco jack to redfish.
The recently approved permit had four changes: the switch in species to redfish; a reduction in the maximum amount of fish from 88,000 pounds to 55,000 pounds; a change in the net material from copper to monofilament, and a change in the anchor system to a traditional four-point grid.
EPA Region IV administrator Mary Walker wrote that “no significant environmental impacts are anticipated from the proposed actions,” and the required National Pollution Discharge Elimination System permit was approved.
Walker also noted that the proposed facility did not meet the definition of a “new source” under section 306 of the Clean Water Act and was not subject to EPA analysis requirements.
“Nevertheless, as a matter of policy, EPA voluntarily used NEPA procedures for this action since the Agency determined that such an analysis would be beneficial.”
The change in species to redfish did prompt an additional condition prohibiting either the intentional or accidental release of a “cultured fish” into the Gulf.
Environmentalists may challenge EPA ruling
Environmental attorney Marianne Cufone disagreed with the EPA’s assessment that the impact is not significant.
Cufone, who is also executive director of the Recirculating Farms Coalition, had hoped that after the EPA solicited public comment on this permit change last November, it would ultimately lead to new hearings.
The organizations Cufone represents are part of a coalition of seven groups – led by Washington, D.C.-based Food & Water Watch, as well as Suncoast Waterkeeper and Tampa Bay Waterkeeper – that have previously challenged the permit in court.
Those organizations have 30 days from May 15 to appeal the permit.
Cufone told the Herald-Tribune that she anticipated the permit would be challenged but indicated the groups are still weighing their options.
Such an appeal would be required if the groups were to choose to pursue a court challenge.
Fear of the environmental impact of concentrated fish waste, as well as health impacts that could transfer to wild fish and the logistics of recreational fishermen who may damage the pens, has united environmentalists and working fishermen, as well as representatives of local governments who fear the economic impact of an unexpected problem.
“The EPA’s decision to approve this permit for the Velella Epsilon project is deeply disappointing and dangerous,” said Martha Collins, executive director for Healthy Gulf, in a press release distributed by Suncoast Waterkeeper. “Industrial aquaculture operations like this introduce pollution, threaten native fish populations with disease and genetic disruption, and put Gulf Coast communities that rely on clean water and healthy fisheries at risk.
“We urge federal agencies to prioritize the health of our marine ecosystems and coastal communities over experimental ventures that benefit private industry at public expense,” she later added.
The effort to expand offshore fish farms in federal waters has not fared well in the court system.
In March a federal court in Washington State ruled against a proposed national permit through the U.S. Army Corps of Engineers for offshore fish farms around the country.
Gulf waters off of Sarasota, Pinellas and Collier counties were identified by a National Oceanic and Atmospheric Administration study as promising for such endeavors.
That ruling does not impact Ocean Era, which was already pursuing a permit to build the facility from the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act.
What is the scope of the Ocean Era Project?
Though the location of the demonstration project is commonly referred to as being 45 miles southwest of Sarasota, it would be in federal waters west of Venice and north of Englewood.
Dennis Peters, executive director of Gulfstream Aquaculture LLC, which is partnering with Hawaii-based Ocean Era Inc. on the offshore project, previously told the Herald-Tribune that the one-year demonstration project is meant to, in part, answer questions about the environmental impact of offshore net pen aquaculture.
He noted that the goal in that 12-month time frame is to stock the net pen with 20,000 fish, with an anticipated survival rate of 85%.
Peters also noted that redfish grow slower than Almaco jack, require less food and should have less of an environmental impact than Almaco jack.
On May 19, Peters said that Ocean Era is still conducting logistical internal planning. That’s all it can do until it receives final approval of the NPDES permit, as well as the Section 10 permit.
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