[Federal Register Volume 67, Number 164 (Friday, August 23, 2002)]
[Notices]
[Pages 54644-54645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21588]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 081902B]


Draft Code of Conduct for Responsible Aquaculture in the U. S. 
Exclusive Economic Zone

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability; schedule change; request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces the 
availability of a draft Code of Conduct for Responsible Aquaculture in 
the U. S. Exclusive Economic Zone (Code of Conduct). The purpose of the 
Code of Conduct is to provide general guidance for siting and operating 
aquaculture facilities in the Exclusive Economic Zone (EEZ) seaward of 
coastal state boundaries and authorities. NMFS solicits written 
comments on the Code of Conduct. NMFS also announces a schedule change 
for the publication of a final Code of Conduct.

DATES: Submit written comments on the draft Code of Conduct to the 
appropriate address or fax number by 5 p.m. on September 23, 2002.

ADDRESSES: The draft Code of Conduct is available on the NMFS Web site: 
www.nmfs.gov/aquaculture.htm. The document will also be provided in 
hard copy upon request (see FOR FURTHER INFORMATION CONTACT). Comments 
on the Code of Conduct may be sent to Colin Nash, NMFS/WASC, P.O. Box 
130, Manchester, WA 98353 or by fax to 206-842-8364. Comments may also 
be hand-delivered during business hours to: NMFS Manchester Research 
Station, 7305 Beach Drive East, Port Orchard, WA, 98366-8204. Comments 
will not be accepted via telephone, e-mail, or Internet.

FOR FURTHER INFORMATION CONTACT: Susan Bunsick, Office of Sustainable 
Fisheries, 1315 East-West Highway, Silver Spring, MD 20910 or call 301-
713-2334 Extension 102. You may also fax your request to 301-713-0596 
or send an e-mail to [email protected]. Comments on the Code of 
Conduct will not be accepted at these contact points.

SUPPLEMENTARY INFORMATION:

Background

    NMFS has Federal responsibility for the living marine resources of 
the United States. Under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act, NMFS has responsibility for federally 
managed species and for the conservation and enhancement of essential 
fish habitat in the zone seaward of coastal state boundaries to the 
200-nautical mile limit of the EEZ. NMFS has additional 
responsibilities for threatened and endangered species and for marine 
mammals under authorities of the Endangered Species Act and the Marine 
Mammal Protection Act.
    The United States was an active participant in the 1993-1995 
consultations that led to the adoption by the Food and Agriculture 
Organization

[[Page 54645]]

of the United Nations (FAO) of the Code of Conduct for Responsible 
Fisheries (FAO Code). While the FAO Code is a voluntary and non-binding 
instrument, the United States has consistently supported its usefulness 
as an internationally agreed upon statement of principles that should 
govern the policies of FAO members in all sectors of the fishing 
industry, including aquaculture, which is addressed in Article 9 of the 
FAO Code. Although the Code of Conduct for the U.S. EEZ does not have 
to follow the FAO model, the FAO Code is an important reference 
instrument. A copy of the aquaculture section (Article 9) of the FAO 
Code can be obtained from the contact person listed above, and can be 
found on the Internet at http://www.fao.org/fi/agreem/codecond/ficonde.asp.

Stakeholder Input

    NMFS held a series of six regional workshops during 2000 to obtain 
stakeholder input on the development of the draft Code of Conduct. 
These were held in Seattle (WA), Danvers (MA), and Galveston (TX) in 
September 2000, and in Honolulu (HI), Miami (FL), and Silver Spring 
(MD) in November 2000. NMFS announced the meetings in two separate 
Federal Register notices, dated August 24, 2000 (65 FR 51591), and 
October 30, 2000 (65 FR 64682), and encouraged stakeholder 
participation through more than 200 contacts in state and Federal 
agencies, Sea Grant College Program Centers, education and research 
institutions, non-governmental organizations, and commercial 
enterprises. NMFS specifically asked for input on the scope, content, 
specificity and use of a Code of Conduct that can be used to help guide 
aquaculture development in the EEZ. Areas for discussion included, but 
were not limited to, species choices, siting, transboundary 
considerations, design and construction of facilities, disease 
prevention and control, feeds and feeding protocols, effluents and 
pollution, interactions with wild species and protected resources, 
general operations, stock enhancement, use conflict resolution, and on-
shore impacts. The workshops were open to all interested persons, and a 
total of 181 persons attended. In addition, NMFS received written 
comments from an additional 23 contributors.

The Code of Conduct

    The Code of Conduct provides guidance to potential users of the 
U.S. EEZ for aquaculture. It provides general guidance to the 
aquaculture industry for siting and operating aquaculture facilities in 
this zone, and provides NMFS with a framework that can be used to 
ensure a more consistent review of aquaculture projects that require 
agency actions. NMFS may also use the Code of Conduct as a starting 
point for the development of regulatory standards in the future.
    The Code of Conduct was developed with input secured from 
stakeholders and in consultation with other Federal agencies with 
authorities in Federal waters. Public comments received regarding this 
document will be addressed in the notice of availability of the final 
Code of Conduct, which will be published in the Federal Register within 
60 days of the closing of the public comment period. The two previous 
Federal Register notices, dated August 24, 2000 (65 FR 51591), and 
October 30, 2000 (65 FR 64682), provided a tentative time frame for the 
production of a Code of Conduct. The time frame has been revised as 
provided here.

Time Frame

    August 2002: Release draft Code of Conduct for public comment via 
posting of the document on the NMFS Web site (www.nmfs.gov/aquaculture.htm). The document will also be provided in hard copy upon 
request (see FOR FURTHER INFORMATION CONTACT).
    September 2002: Public comment period on draft Code of Conduct 
ends.
    November 2002: Release final Code of Conduct via a Federal Register 
notice of availability and posting on the NMFS Web site (www.nmfs.gov/aquaculture.htm). The document will also be provided in hard copy upon 
request (see FOR FURTHER INFORMATION CONTACT).

    Dated: August 20, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-21588 Filed 8-22-02; 8:45 am]
BILLING CODE 3510-22-S