OVERVIEW OF AQUACULTURE ENVIRONMENTAL PERMITTING ISSUESin the

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, USA

Center for Tropical and Subtropical AquaculturePublication No. 150

July 2003

Table of ContentsI. INTRODUCTION .................................................................................................................. 1

II. GENERAL LIST OF REGULATED AQUACULTURE ACTIVITIES............................. 4A. General Aquaculture Facilities and Infrastructure ................................................................ 5B. Aquaculture Discharge ......................................................................................................... 6C. Import/Export of Aquaculture Products .............................................................................. 7

III.CNMI ENVIRONMENTAL REGULATORY PROGRAMS ............................................. 8A. Coastal Resources Management (CRM) .............................................................................. 9B. Division of Environmental Quality (DEQ) ......................................................................... 11C. Department of Lands and Natural Resources (DLNR) ...................................................... 16D. Marianas Public Lands Authority (MPLA) ........................................................................ 18

IV. FEDERAL ENVIRONMENTAL REGULATORY PROGRAMS ................................... 19A. U.S. Army Corps of Engineers (USCOE) .......................................................................... 23B. U.S. Environmental Protection Agency (USEPA) ............................................................. 24C. U.S. Fish and Wildlife Service (USFWS): Import/Export Issues ....................................... 25D. U.S. Fish and Wildlife Service (USFWS): Endangered Species Issues .............................. 26

V. INTERNATIONAL REGULATORY PROGRAMS ......................................................... 26Convention on International Trade in Endangered Species of Wild Fauna & Flora (CITES) 26

i

Table of Contents

Acknowledgments

ii

ACKNOWLEDGMENTS

This publication was prepared as part of the work under a project titled, “Aquaculture Extensionand Training Support in the U.S. Affiliated Pacific Islands - Year 13” funded by the Center forTropical and Subtropical Aquaculture through a grant from the Cooperative State Research,Education, and Extension Service of the U.S. Department of Agriculture (grant #98-38500-5947and #99-38500-7399).

The author would like to acknowledge the assistance of the following individuals who reviewedcertain portions of the text for accuracy. Mr. Mike Trianni and Dr. Tina de Cruz (Division of Fishand Wildlife), Ms. Becky Lizama (Coastal Resources Management Office), Mr. Donald Flores(Division of Agriculture), Mr. Henry Hofschneider (Marianas Public Land Authority), Mr. PetePalacios, Mr. Brian Bearden, Mr. Kevin Castro, and Mr. Terrence Fitial (Division ofEnvironmental Quality), Mr. Michael Lee (U.S. Environmental Protection Agency), Mr. ArthurTaimanglo (U.S. Fish and Wildlife Service), and Mr. Frank Dayton (the U.S. Army Corps ofEngineers). Appreciation is also extended to Mr. Simon Ellis (Mid Pacific Marine Consultants)who assisted in editorial reviews. Ms. Debra Sasaki (CTSA) helped with the layout and endurednumerous document revisions. Although technical information was provided from representativesof various regulatory agencies, the accuracy of the presented information is the author’sresponsibility.

As a word of caution, this document is to be used for guidance purposes only. Interpretation ofregulations and policy decisions by the regulatory authorities can change, and final guidanceshould be obtained directly from the agency responsible for the particular regulatory program youare attempting to comply with. Additionally, this document does not cover all regulatoryprograms that the CNMI aquaculturists may encounter in their venture.

The author is interested in receiving comments, negative or positive, from those who use thisdocument. Your feedback can help make the planned updated versions of this document moreunderstandable or accurate. Please provide any comments directly to john.gourley@saipan.com.

The Commonwealth of the NorthernMariana Islands (CNMI) is thewesternmost extension of the United

States and is comprised of fourteen volcanichigh islands stretching approximately 800kilometers south from Farallonde Pajaros or Uracas at 20ºlatitude to Rota at 14º latitude.

Only the three southernmostislands, Rota, Tinian, andSaipan, are continuallyinhabited with a total CNMIpopulation estimated at 81,126people during the first quarterof 1999. The largest island,Saipan, contains approximately90% of the total CNMIpopulation and is approximately 120 km2 insize. The smallest island, Farallon de Medinilla,is uninhabited and approximately 1.0 km2 insize. The total land mass of the CNMI isestimated at 460 km2.

The CNMI has the physical and geographicalcapability of sustaining a viable aquacultureindustry. With a limitless supply of qualityseawater, a tourism based economy, and a goodair shipping support system, the stage appearsto be set for aquaculture development.Presently however, aquaculture relatedactivities are largely undeveloped and limited toland-based, freshwater tilapia and brackishwater penaeid shrimp culture. It is ironic thatthe CNMI, which is fresh-water limited, onlyhas fresh/brackish water aquaculture facilities.

One critical and often overlooked aspect ofaquaculture industry development is not at allrelated to the raising of aquatic organisms, butconcerns the regulatory framework thatgoverns its development. As a Commonwealthof the United States, the CNMI has the same

environmental standards as theU.S. mainland and must comply with all federalenvironmental laws.

These laws were promulgated to protect ournatural resources from overexploitation;therefore, regulatory standards which theaquaculture industry must meet can beformidable. This may easily frustrate an aspiringaquaculturist, either through generalprohibitions of proposed activities or throughan increase in the cost of doing business to apoint that would make the venture unprofitable.

Unlike the minimal environmental regulatoryrequirements in other Micronesian areas thatwill likely become competitors (e.g., FederatedStates of Micronesia, Republic of Palau, andthe Republic of the Marshall Islands),numerous U.S. federal and local CNMIenvironmental laws regulate everything fromfacility siting, raw water sources, how andwhere wastewater is discharged, and culturespecies, to the preparation of final products forsale. Knowing and understanding the reasonsfor these regulations are crucial to the initialplanning stages of any potential aquaculture

I. INTRODUCTION

1

Introduction

Alamagan

venture. The purpose of this document is toprovide a basic understanding of the CNMIenvironmental regulatory programs as theypertain to aquaculture. In this document, theterm aquaculture is used to describe the cultureof both marine and freshwater plants andanimals. It will hopefully provide a base ofknowledge for prospective aquaculturists tomake informed decisions on what and wherethey can culture, thereby saving time andmoney. This document is not intended to be aprimer on aquaculture development in theCNMI, but an important part of the informationnecessary to start a successful venture.The permitting of aquaculture activities can bea difficult process depending upon sitelimitations, facility design, and what species aretargeted for culturing. Under certaincircumstances, multiple permits will be requiredfrom different agencies for the same activity.The applicant must possess all of the requiredpermits for a proposed action prior tocommencing construction. If, for some reason,one of the regulatory agencies refuses to issuethe required permit for the proposed action, theproject is dead.

Application forms for various permitapplications can be found at website linksimbedded in this document. These forms willprovide applicants with an understanding of thelevel of detailed information required by thevarious regulatory agencies in order for aproject to be evaluated. In general, the requiredinformation is similar; however, the CNMI hashad difficulty in finding a reasonable solution tostreamlining the permitting process.

Site selection is another very important step.Although beyond the scope of this document,permitting requirements and site selectionshould be assessed simultaneously. It will bevirtually impossible to identify an aquaculturefacility site in the CNMI that will be free ofregulatory constraints. However, certain siteswill have a greater regulatory burden than

others. It is highly recommended to conduct apreliminary assessment of the regulatoryrequirements of any potential aquaculture siteprior to investing in a land lease or purchase.

It should be emphasized that permitting is onlyone of the main issues that needs to beexamined when developing an aquaculturebusiness plan. Determining the target culturespecies and marketing strategy are equally asimportant, and both have their own set ofregulations to contend with. In this regard, theimportance of early and regular communicationwith regulatory agencies, local extensionagents, and other development agencies cannotbe stressed highly enough. While forms andpermits exist for most activities, this does notmean that permission will be granted by theagency in question. This is particularly pertinentto the importation of non-native species anduse of the marine environment for aquaculture.

The CNMI Government has several regulatoryagencies that are involved with the permittingof aquaculture facilities, and these will bediscussed in Section III. These include theCoastal Resources Management Office(CRMO), the Division of Fish and Wildlife(DFW), and the Division of EnvironmentalQuality (DEQ). If submerged lands areinvolved, then a lease agreement may berequired from the Marianas Public LandsAuthority (MPLA).

The Federal Government also has regulatoryjurisdiction over much of the marine andfreshwater resources within the CNMI, mainlyunder authority of the Clean Water Act and theRivers and Harbor Act of 1899. Administratorsof these permitting programs include the U.S.Army Corps of Engineers (USCOE) and theU.S. Environmental Protection Agency(USEPA). Assessment of project impacts onfederally listed Endangered Species is usuallyaddressed during the processing of federalpermits that your aquaculture facility may

Introduction

2

require. These permitting programs arediscussed in Section IV.

The importation and exportation of aquacultureproducts is also jointly regulated by both theCNMI and Federal Governments. If certainspecies being considered for culture are listedby the Convention on International Trade inEndangered Species of Wild Fauna and Flora(CITES), another layer of regulatory require-ments must be addressed for international ship-ments (export, import, and re-export). Local

Micronesian examples of these regulatedspecies include the giant clams (Family:Tridacnidae) and hard or reef building corals(Order: Scleractinia).

Specific details on the importation andexportation of CITES regulated aquacultureproducts is a separate issue and is beyond thescope of this document. A summary of therequired import and export permits arediscussed in Section V.

The list of acronyms used in this document is as follows:

AST: Above-ground Storage Tank (fuel)CITES: Convention on International Trade in Endangered Species of Wild Fauna and

FloraCRM: Coastal Resources ManagementCRMO: Coastal Resources Management OfficeCWA: Clean Water Act, as amendedCUC: Commonwealth Utilities CorporationDEQ: Division of Environmental QualityDEQ-OWTS Permit: Other Wastewater Treatment System PermitDEQ-IWDS Permit: Individual Wastewater Disposal System PermitDEQ-Section 401 WQC: Section 401 Water Quality Certification of the Clean Water ActDOA: Division of AgricultureDFW: Division of Fish and WildlifeDLNR: Department of Lands and Natural ResourcesESA: Endangered Species ActMPLA: Marianas Public Land AuthorityNMFS: National Marine Fisheries ServiceUSCOE: U.S. Army Corps of EngineersUSCOE-Section 10/404 Permit: Section 404 permit of the Clean Water Act and Section

10 permit of the Rivers & Harbors Act of 1899USEPA: U.S. Environmental Protection AgencyUSEPA-Section 402 NPDES permit: Section 402 National Pollution Disposal

Elimination System Permit of the Clean Water ActUSFWS: U.S. Fish and Wildlife ServiceUST: Under-ground Storage Tank (fuel)

Introduction

3

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

II. GENERAL LIST OF REGULATEDAQUACULTURE ACTIVITIES

In order to gain a perspective of the regulatory world thatfaces all aspiring aquaculturists in the CNMI, a list ofpotential aquaculture related activities has been identified.

This list is not exhaustive; however, it should assist theaquaculturist in understanding the regulatory requirementsthat may be associated with a project. Not included are theBusiness License (Licensing Bureau) and Food Handlerspermit (Department of Public Health), as well as other non-environmental permits.

The list of activities is divided into three groups: generalaquaculture facility and infrastructure, aquaculture discharge,and import/export of aquaculture products. Required permitsfor each activity are listed under the corresponding agency.Further discussion for each of the permits is included inSections III, IV, and V.

4

General List of Regulated Aquaculture Activities

Established VSB treatmentsystem (LSG Sky Chefs,Saipan)

Not-established VSB treat-ment system (Marpi SolidWaste Facility, Saipan)

Discharge point forwastewater pipeline(Saipan Lagoon)

Sadog Tasi wastewaterdischarge piepline(Saipan Lagoon)

Discharge pointfor inlandlagoon(Nikko Hotel)

Effluentdrain(Pohnpei,FSM)

Access pier for touristcruise vessels (EchoDock, Saipan)

Sugar Dock(Saipan)

Floating cages withhanging nets(Pohnpei, FSM)

Rebar stands holdingcoral growout trays(Pohnpei, FSM)

Intake structure for artificialinland lagoon(Nikko Hotel, Saipan)

5

General List of Regulated Aquaculture Activities

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6

General List of Regulated Aquaculture Activities

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naecoeht

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timre

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SE

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mottobeht

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mretniro

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era

gnitiS

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timre

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timre

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55naht

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)stnatullop

timre

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7

General List of Regulated Aquaculture Activities

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T*

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Management responsibilities overvarious aspects of the CNMI’scoastal marine resources are shared

between the Coastal Resources ManagementOffice (CRMO), the Division of Fish andWildlife (DFW), and the Division ofEnvironmental Quality (DEQ). Minimizingphysical anthropogenic impacts to the coastalresources are primarily addressed by theCRMO through its permitting program, whileDEQ is primarily responsible for monitoringand regulating those activities that may affect

the quality of ground water, fresh water, andmarine waters. The DFW focuses itsconservation efforts on maintaining biologicalcommunity diversity and fishery stocks at levelssufficient to support sustainable fisheries andregulating the importation of live wildlifespecies (i.e., potential aquaculture species). Ascan be expected with this scenario, severalpermits have overlapping responsibilities whichrequires the aquaculturist to obtain multiplepermits (including some Federal permits) forthe same activity.

III. CNMI REGULATORY PROGRAMS

8

CNMI Regulatory Programs

A. COASTAL RESOURCES MANAGEMENT (CRM)

The CNMI initiated development of a CoastalZone Management program during 1978 whichwas ultimately approved by the U.S. NationalOceanic and Atmospheric Administration in1980. The enabling legislation which formulatesthe mandate of the Coastal ResourcesManagement Office (CRMO) is Public Law 3-47 (Coastal Resources Management Act)which was passed by the Legislature in 1983.Although initial regulations were promulgatedin 1980, they have undergone severalmodifications and the current version may befound at www.crm.gov.mp. The CRMO is aline agency under the Governor.

The CRM regulatory program has two types ofpermits: a Major Siting Permit and a MinorSiting Permit. As the name implies, MajorSiting Permits are usually required for thoselarger development projects that may affectcoastal resources. “Major Siting” is defined inSection 5 of the regulations and is restated (inpart) below:

“Major Siting means any proposed projectwhich has the potential to directly andsignificantly impact coastal resources, asprovided for in Section 11 A of theseregulations. The phrase includes, but is notlimited to the following:

(vii) Aquaculture or mariculture facilities, andsilvaculture or timbering operations; and

(x) Any other proposed project which byconsensus of the CRM Agency Officials,has the potential for causing a direct andsignificant impact on coastal resourcesincluding any project having a peakdemand of 500 kilowatts per day and/or3,500 gallons of water per day asestablished by CUC demand rates forparticular types of projects.”

In general, all commercial and personalaquaculture facilities in the CNMI will require aMajor Siting permit. Application forms may befound at www.crm.gov.mp/permit/print_app.htm.

A Major Siting permit will require thedevelopment of an Environmental ImpactAssessment, the holding of a Public Hearing,and a thorough review by representatives of theCRM Agencies. The latter includes thefollowing: Secretary, Department ofCommerce; Secretary, Department of Landsand Natural Resources; Executive Director,Commonwealth Utilities Corporation;Historical Preservation Officer; Director,Division of Environmental Quality; andSecretary, Department of Public Works.

It should be noted that for the most part,knowledge about aquaculture in general by theregulating agencies is limited as the CNMIaquaculture industry is in a fledgling stage. Inan attempt to assist the agencies with theiradministrative review, it is advisable to provideas much information as possible about aproposed project in the Environmental ImpactAssessment. On occasion, the CRMO mayrequest for additional information which theydeem necessary to complete the review of anapplication. It is important to respond promptlyto these requests for information asapplications may be placed in abeyance until theinformation is submitted. Once the CRMO (notthe applicant) has determined that theapplication is complete, the CRM Agencieshave sixty days to make a decision on whetherto grant or deny the permit application. A moredetailed description of the permitting processmay be found at www.crm.gov.mp/permit/permit_process.htm.

If the project is likely to be approved, a draftversion of the conditioned permit will be sentto the applicant and circulated among the CRMAgencies for review usually a few weeks beforethe end of the 60-day deadline. It is vitallyimportant that the applicant meet with theCRM Permit Manager to discuss his or herresponsibilities for compliance with the various

9

CNMI Regulatory Programs

10

CNMI Regulatory Programs

The DEQ is a line agency under the Governorand was mandated by the CommonwealthEnvironmental Protection Act to:

“develop and administer programs, includingwhere appropriate, a system of standards,permits, or prohibitions, to prevent orregulate activities concerning the discharge ofpollutants to the air, land, water, wetlands andsubmerged lands.”

To this end, the DEQ administers severalregulatory programs that will likely play animportant role in the permitting of anyaquaculture facility.

In order to protect the islands’ ground waterresources, DEQ regulatory programs includethe permitting of individual waste waterdisposal systems (IWDS), well drilling and welloperations, and above- and below-ground fuelstorage tanks. Their non-point source pollutionprogram requires Earth Moving and ErosionControl Permits for all mechanized earth

B. DIVISION OF ENVIRONMENTAL QUALITY

moving activities. The DEQ also administersthe state certification program for Federalwater related permits - the Section 401 WaterQuality Certification (Section 401 WQC).Finally, the CNMI air quality regulationsrequire permits for the larger power generators,even if they are to be used for back-uppurposes only.

Those DEQ regulatory programs most likely tobe encountered for an aquaculture facility are:

1. CNMI Water Quality StandardsRegulations

2. Earthmoving and Erosion ControlRegulations

3. Wastewater Treatment and DisposalRules and Regulations [adopted on 27November 2002 in CommonwealthRegister, Vol.24(11)]

Coastal Resources Management OfficeP.O. Box 10007Morgen Building, 2nd Floor, San JoseSaipan, MP 96950

Mr. Joaquin Salas, Administrator

CONTACT INFORMATION:

Tel: (670) 664.8300Fax: (670) 664.8315E-mail: crm.director@saipan.comWeb site: www.crm.gov.mp

conditions contained in the permit. Theseconditions are very important, and the applicantshould pay particular attention to the additionalregulatory conditions or costs involved incompliance. Occasionally, there may be a singlepermit condition that could jeopardize theentire business venture. If any of the permitconditions appear to be unreasonable, concerns

should be discussed with the CRM PermitManager in order to have them resolved priorto the permit being issued (that is, signed by allof the CRM Agency members). If the issuecannot be resolved informally, then there is apermit appeal process that can be pursued, asspecified in the CRM regulations.

11

CNMI Regulatory Programs

4. Underground Storage Tank (UST)regulations [initially adopted in 1992 -Commonwealth Register, Vol.14(09); andRevised Interim Criteria forAboveground Storage Tanks].

5. Well Drilling and Well OperationsRegulations [initially adopted in 1992 –Commonwealth Register Vol.14(9);amended 1994 – CommonwealthRegister Vol. 16(2)]

6. CNMI Air Pollution Control Regulations[initially adopted in 1987 -Commonwealth Register, Vol.9(1)](Currently under revision).

1. CNMI Water Quality StandardsRegulations

The USEPA delegated authority to the DEQ toadminister the Section 401 WQC program ofthe Clean Water Act when the CNMI WaterQuality Standards Regulations werepromulgated in 1997. This regulatory programauthorizes the CNMI to basically approve,condition, or deny various Federal water-related permits that are issued in the CNMI andinclude the USCOE-Section 404 permit, theUSCOE-Section 10 permit, and the USEPA-Section 402 NPDES permit. The above Federalpermits are not valid without the requiredCNMI state certification (e.g., Section 401WQC), and vice-versa.

Although there is no Section 401 WQCapplication form, the DEQ normally acceptscopies of the USCOE–Section 10 or 404Permit application and the CRM Major SitingPermit application for the same project. TheCNMI Water Quality regulations are the basisby which the Section 401 WQC is issued;however the DEQ has been known toincorporate non-water quality conditions, suchas biological and/or geological issues, in thefinal certification document.

2. Earthmoving and Erosion ControlRegulations

Any type of mechanized earthmoving activities(e.g., any aquaculture facility) will require anEarthmoving and Erosion Control Permit.Earthmoving design plans for the facility willrequire prior written “clearance” from theHistoric Preservation Office (HPO), as well asthe Division of Fish and Wildlife (DFW). TheHPO will evaluate the significance of theproposed project site and the magnitude ofearthmoving activities relative to impacts onhistorical and/or cultural artifacts that could bedisturbed or destroyed. On the other hand, theDFW will assess whether the project sitecontains any habitat of special concern or anyendangered species. As a general rule, the DEQwill not begin to process an Earthmoving andErosion Control application until the HPO andDFW clearances are submitted. The applicationform may be found at www.deq.gov.mp/Permitpage.htm.

As required by the regulations, this particularpermit application will require the services of aprofessional CNMI registered civil engineerwho will be familiar with the permitrequirements and should be able to guideapplicants through the process.

Every commercial aquaculture facility thatrequires a CRM-Major Siting Permit will alsorequire an Earthmoving and Erosion ControlPermit. In order to save time in permitting, itwould be prudent to submit the DEQ-Earthmoving and Erosion Control Permitapplication at the same time as the CRM-MajorSiting Permit application package.

3. Individual Wastewater DisposalSystem (IWDS) Rules andRegulations

CNMI Regulatory Programs

12

Originally promulgated in 1992, theseregulations were substantially amended, andsubsequently repealed and reenacted in 2002.In addition to regulating the design ofwastewater and disposal systems (e.g., septictanks and leaching fields or other treatmentsystems), the inclusion of “confined animalfacilities” (e.g., pigs, goats, cattle andchickens) was added to their regulatoryauthority. However, confined animal facilitiesdo not include aquaculture associated speciesand therefore aquaculture ventures are notspecifically covered.

An aquaculture facility will likely generate twoprimary sources of wastewater: facility-associated (e.g., sinks, kitchen, toilets, housingunits) and aquaculture-associated (tank/pondwater exchange or emptying). Disposing ofwastewater can become a serious permittingproblem and should be given substantialconsideration during the planning stages of theproject.

(a) Facility-associated wastewater:Addressing facility-associatedwastewater is straightforward,especially if it is possible to connect tothe nearest CUC sewer collection line.If a CUC sewer line is not available, aDEQ-IWDS/OWTS Permit must beobtained in order to construct anindividual wastewater disposal system.As required by the regulations, thisparticular permit application(www.deq.gov.mp/Permitpage.htm) willrequire the services of a professionalCNMI registered civil engineer who willbe familiar with the permit requirementsand should be able to guide applicantsthrough the process. Be aware that theregulations do contain certain setbacksthat must be followed when designing afacility layout plan. When constructionof the IWDS has been completed, a

“Certification for Use” must beobtained from the DEQ prior to use.

(b) Aquaculture-associated wastewater:Although the disposal of aquaculture-associated wastewater can be addressedin several different ways, this discussionwill be limited to disposal methodsusing wastewater treatment technology.

A DEQ-Land Disposal Permit must be obtainedif more than 55 gallons of wastewater per daywill be disposed onto the ground. Althoughthese regulations (CNMI Water QualityStandards Regulations; Part 11) specificallyexclude “animal wastewater” (as this isaddressed in the IWDS regulations), it is notclear whether the DEQ considers aquacultureeffluent to be “animal wastewater”. Dependingupon the determination by the DEQ, volume ofaquaculture effluent, project site location (overan aquifer or within 150 feet of the mean highwater mark along the shoreline), soilperculation rates, and possibly salinity, the LandDisposal Permit may not be a viable option.Because no application form has beendeveloped for this permit, the regulationsrequire a $500 filing fee and the followinginformation to be submitted for review:

1. “Name, address and phone number ofapplicant;

2. Description of the physical process thatproduces the wastewater, chemical make-up ofwastewater, and average volume dischargedon a daily and annual basis;

3. Map of disposal site which identifieselevation, nearby landmarks, and proposedpoint of discharge;

4. Schematic of proposed land disposal method(e.g., percolation trench, ponding basin, leachfield, infiltrator) to be used;

5. In the event that the land disposal plansrequires seepage as a mechanism for theremoval of fluids, the applicant must performa percolation test on the proposed site andsubmit the results to the Director of the

13

CNMI Regulatory Programs

Division of Environmental Quality.” (CNMIWater Quality Standards Regulations; Part 11)

Regarding fresh- or brackish-water aquaculturefacilities which are connected to the CUCsewer collection system, it may be possible toapproach the CUC and utilize their wastewatertreatment facilities to dispose of aquacultureeffluent. The higher the salinity of the effluent,the more difficult it will be to obtainauthorization to use the CUC sewer collectionsystem due to the possible interference of saltwater with the biological treatment system.

With regard to those fresh- or brackish-wateraquaculture facilities that cannot be connectedto the CUC sewer collection system, the use ofalternate wastewater treatment systems can beexplored with professional assistance from acivil engineer. Implementing this type oftreatment system would involve obtaining aDEQ-IWDS/OWTS Permit.

For marine aquaculture facilities, disposaloptions tend to be less numerous, more costly,and have a greater regulatory burden. Undernormal circumstances, the CUC will notauthorize the disposal of marine waters intotheir sewer collection system. Other optionsinclude direct discharge into near shore waterswhich will require a myriad of permits [seeSection II (B)] or possibly some form of landdisposal technique which will depend onwhether the DEQ considers aquacultureeffluent as non-animal wastewater. If allowed,then a DEQ-Land Disposal Permit will berequired.

4. Under-ground (UST) and Above-groundStorage Tank (AST) regulations

This regulatory program will affect anaquaculture facility should an on-site powergenerating system be planned. Even if thepower generating system is to be used foremergency purposes only, the aquaculturistmay wish to install a fuel storage tank tosupport the generator for longer than a fewhours. Power outages caused by typhoonscould last for several days, and without power,the entire (live) product line could bejeopardized.

The regulations are slightly different for USTand AST. The UST application and renewalfees are more expensive and have a greaterregulatory burden as these tanks are generallyused by auto service stations or fueldistribution centers. Additionally, the USTrequires a second permit, a DEQ–UST Permitto Operate, prior to actually being able to usethe tank. As a general rule, the AST is a betterchoice for the aquaculturist.

The AST will require a DEQ-AST Permit toInstall (www.deq.gov.mp/Permitpage.htm).During the facility planning phase be sure thatAST siting complies with the establishedsetback requirements from public water supplywells. The following AST setback requirementsare found in the Revised Interim Criteria ForAboveground Storage Tanks [Section XII(a)]and the Well Drilling and Well OperationsRegulations [Section 6.1].

CNMI Regulatory Programs

14

5. Well Drilling and Well OperationsRegulations

Drilling and operating wells will require twodifferent permits; application forms may befound at www.deq.gov.mp/Permitpage.htm.The DEQ-Exploratory Well Drilling Permit isrequired to initially site the well and authorize

the drilling component. The drilling companycontracted to construct the well would alsomost likely be able to obtain this permit withrelative ease for the aquaculturist. During thefacility planning phase be sure that theproposed well site complies with theestablished setback requirements from watersupply wells (both private and public). The well

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Division of Environmental QualityP.O. Box 1304Morgen Building, 3rd Floor, San JoseSaipan, MP 96950

Mr. Juan I. Castro, Director

CONTACT INFORMATION:

Tel: (670) 664.8500Fax: (670) 664.8540E-mail: deq@saipan.comWeb site: www.deq.gov.mp

15

CNMI Regulatory Programs

The Department of Lands and NaturalResources oversees the Division of Fish andWildlife and the Division of Agriculture. Bothof the latter two line agencies share regulatorycontrol in the importation of live animals.The DFW wildlife regulations were initiallyadopted in 1986 [Commonwealth Register, Vol.8(06)], and subsequently modified in 1988[Commonwealth Register, Vol. 10(11)], 1990[Commonwealth Register, Vol. 12(07)], 1998[Commonwealth Register, Vol. 10 (11)] and2000 [Commonwealth Register, Vol. 22(4)].In order to import any live animal into theCNMI, including viable eggs, larvae, orjuveniles, a DFW-Permit for Introduction mustbe obtained.

Presently, import regulations (seewww.dfw.gov.mp/fishing.htm) do not allow forthe importation of any species of amphibians orreptiles and a select number of bird andmammal species, however these animals areirrelevant for aquaculture purposes. Thosespecies of interest to aquaculturists are marineor freshwater invertebrates and fish. Withrespect to invertebrates, only those species thatcan be shown not to be harmful can beimported and that decision is made by the DFWDirector on a case-by-case basis. Interestingly,fish species are not addressed. Therefore, priorto any serious planning effort, the aquaculturistshould get approval (e.g., a DFW-Permit forIntroduction) from the DFW Director for the

C. DEPARTMENT OF LANDS AND NATURAL RESOURCES

siting setback requirements in the table aboveare found in the Well Drilling and WellOperations Regulations [Section 6].

Once the well has been drilled, the applicantmust then apply for a DEQ-Well OperationsPermit. Again, the well driller will be able toassist in completing the technical portion of theapplication as well as help process the permit.The DEQ-Well Operations Permit expires everyyear on 30 September and therefore, must berenewed annually. The annual renewal form isthe same as the DEQ-Well Operations Permitapplication.

For those planning to utilize seawater wells, theregulations should be carefully examined

because many of the water testing requirementsnormally required in operating a “for drinking”well are not relevant. Unfortunately, theregulations do not clearly address the use ofseawater wells for aquaculture purposes.

6. Air Pollution Control Regulations

A DEQ-Permit to Construct and Operate mustbe obtained for any power generator with apower source that has a BTU gross rate greaterthan 500,000 BTU per hour. This regulatoryrequirement is applicable for any on-site powergenerator systems: emergency or full-time.

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CNMI Regulatory Programs

Division of AgricultureP.O. Box 10007KagmanSaipan, MP 96950

Mr. Donald G. Flores, Director

CONTACT INFORMATION:

Tel: (670) 234.9139234.6169

Fax: (670) 235.9001

In addition to a DFW-Permit for Introduction,the aquaculturist must also have a DOA-Animal Quarantine Entry Permit forimportation of live animal shipments. Thispermit is issued by the Animal Industry Sectionof the Division of Agriculture and does nothave a formal application form. You must meet

with the Animal Industry staff in As Perdido toprovide them with the species, estimatednumber of individuals, and time period that youwish to import. Provided the target animalspecies to be imported has been previouslyapproved by the DFW Director, the permit canusually be issued upon payment of the fee.

animal species targeted for importation. Thereis no formal application form, and a letter ofrequest should suffice. However, it isrecommended that additional supportinformation about the animal or plant speciesbeing proposed for importation accompany theletter. Additionally, it would be beneficial toschedule a meeting with the DFW Director inorder to directly address any concerns the DFW

may have about the species. If the aquaculturistplans to export any aquaculture productoutside the CNMI (does not include Tinian orRota), a DFW-Import/Export Permit must beobtained. This license is obtained from theDFW Office in Lower Base by identifying theIMPORT/EXPORT PERMIT and paying therequired $10.00 application fee.

Division of Fish and WildlifeP.O. Box 10007Lower BaseSaipan, MP 96950

Mr. Richard Seman, Director

CONTACT INFORMATION:

Web site: www.dfw.gov.mpE-mail: rbsdfw@itecnmi.com

Tel: (670) 664.6000Fax: (670) 664.6046

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CNMI Regulatory Programs

Marianas Public Lands AuthorityP.O. Box 500380Saipan, MP 96950

Mr. Henry Hofschneider, Commissioner

CONTACT INFORMATION:

Tel: (670) 234.3751234.3752

Fax: (670) 234.3755E-mail: mpla@vzpacific.net

The Submerged Lands Act was initially passedin 1979 to regulate and provide managementover exploration, development, and extractionof petroleum or mineral deposits within thewaters surrounding the CNMI. These powerswere further expanded in 1988 (Public Law 6-13) by the sixth legislature to authorize theDepartment of Natural Resources (=Department of Lands and Natural Resources)to lease, license, and permit the use ofsubmerged lands. The Submerged Land Rulesand Regulations were promulgated thefollowing year [Commonwealth Register, Vol.11(03)]. During a government reorganizationeffort in 1995, authority to manage submergedlands was transferred to the MPLA.

A second related law, the CNMI SovereigntyAct (Public Law Number 2-7), was passed in1980. Public Law Number 2-7 declared “thatthe Commonwealth has sovereign rights in theexclusive economic zone for the purpose ofexploring, exploiting, conserving, andmanaging the natural resources. . . .” Rulesand regulations were never promulgated forthis law, and it will have little additional impactto CNMI aquaculture projects.

Although the CNMI has claimed jurisdictionover the 200-mile EEZ, land ownership hasbeen under investigation by the courts since1997 when a lawsuit was filed by the CNMIGovernment to document ownership rights. Aruling by the U.S. District Court during August2003 found that the two local laws, discussedabove, wer preempted by Federal law and

supported the U.S. Federal Government’s claimto all CNMI submerged lands extendingseaward of the ordinary low water mark. It isbelieved that the CNMI government will appealthe case. Despite the Federal courts ruling, it isrecommended that ny potential aquaculturistrequiring the use of submerged lands approachteh MPLA for guidance in this manner.

Virtually all coastal or in-water aquaculturerelated activities, with the obvious exception ofrecreation, fishing, and navigation, may requirea permit, license, and/or conveyance ofproperty interest from the MPLA. Unlike mostother regulatory programs, aquacultureactivities are specifically supported by theSubmerged Lands Act and are identified as thenumber one use activity. Leases are required to:

“dredge, fill or erect permanent causeways,bridges, marinas, wharves, docks, pilings,moorings, aquaculture or other permanentstructures on submerged land in theCommonwealth.” Page 6077

A “use permit” can be authorized by the MPLAfor aquaculture purposes if the area utilized foraquaculture does not exceed 2,000 square feet.If the area required is greater than 2,000 squarefeet, legislative approval will be required. Leasepayments for the private use of submergedlands will be required.

Obtaining authorization for the use ofsubmerged lands is not as straightforward assome of the other regulatory programs. Itwould be prudent to talk with a MPLArepresentative during the planning phase ofyour project for additional information.

D. MARIANAS PUBLIC LANDS AUTHORITY (MPLA)

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Federal Regulatory Programs

IV. FEDERAL REGULATORY PROGRAMS

The US Congress has passed severalenvironmental laws that will likely affectthe siting, design, or operational aspect

of any aquaculture facility. These laws includethe Clean Water Act, the Rivers and HarborsAct, and the Endangered Species Act. Themore difficult and complex of the three Acts arethe Clean Water Act and Endangered SpeciesAct. As a note of caution, regulatorycompliance with conditioned permits issuedunder the auspices of these acts couldpotentially reach a point where businessventures are no longer viable. It is important tohave a basic understanding of the regulatoryconstraints that these laws impose whenselecting a facility site or when developing theoperations plan.

Following a brief overview of the relevantcomponents of each Act is a summary of theregulatory program for each Federal agencythat is involved in administering the intent ofthe Acts.

1. CLEAN WATER ACT OF 1977, ASAMENDED: The Federal Water PollutionControl Act of 1948, later completelyrevised and renamed the Clean Water Act(CWA) in 1977, was passed by the U.S.Congress in order to “restore and maintainthe chemical, physical, and biologicalintegrity of the Nation’s waters.” The CWAregulates virtually all physical alterations anddischarges into “waters of the US.” Withinthe CNMI, this term includes; all territorialseas (three nautical miles seaward from themean high water mark) and lagoonssurrounding each island; Lakes Susupe(Saipan) and Hagoi (Tinian) and theirsurrounding karriso (Phragmites karka)wetlands or marsh lands; intermittentstreams that have a physical connection tothe ocean or lagoon (for example, Saddok

Dogas, Saddok Tasi and Saddok Talufofo onSaipan); and other wetlands (for example,the Lower Base wetland complex onSaipan). If you are not sure whether anyregulated natural resource features are foundon a potential aquaculture site, contact theUSCOE Guam Regulatory Office and theywill be able to arrange for a site visit andmake a determination of jurisdiction as apublic service.

The CWA covers several different waterassociated issues, however, with respect toaquaculture, Sections 402 and 404 of theCWA are the more relevant Federally ad-ministrated sections and are discussed below.

(a) Section 402 National PollutionDischarge Elimination System orNPDES: Section 402 NPDES, spe-cifically regulates the discharge ofpollutants into “waters of the US.”Aquaculture related activities thatwould be regulated under this pro-gram would include the dischargeof aquaculture associated tank orpond effluent into near shore ma-rine waters, lakes, or certain wet-lands (examples were given in thediscussion of the Clean Water Act).

There are two related issues asso-ciated with Section 402 NPDES;those activities that involve directdischarges into near shore watersor other “waters of the US” andtherefore require individual per-mits, and those project (or con-struction) sites that may have stormwater discharge issues with nearshore waters. The latter situation iscovered under a ConstructionGeneral Permit.

19

(b) Section 404: Section 404specifically regulates the dischargeof fill material into “waters of theUS”. This includes mostearthmoving activities within theterritorial sea (three nautical milesseaward from the mean high watermark), in/along intermittent streamsthat have a physical connection tothe ocean/lagoon, and jurisdictionalwetlands.

2. RIVERS AND HARBORS ACT OF 1899:Section 10 of this Act regulates theplacement of structures in “navigablewaters.” Potential aquaculture activitiesregulated by this program in the CNMIinclude placing structures within theterritorial sea (seaward three nautical milesfrom the mean high water line). Examplesinclude: dock or pier pilings, breakwaters,bulkheads, pipelines, anchoring or mooringbuoys, and floating platforms. In contrast tothe CWA’s definition of “waters of the US”which is very broad, “navigable waters” asdefined by the Rivers and Harbors Act islimited to those waters within the territorialsea. When comparing the two terms,“navigable waters” could be considered asubset of “waters of the US”. Because theCNMI has no intertidal river systems, invirtually all cases within the CNMI,“navigable waters” are limited to coastallagoon waters and oceanic waters out tothree nautical miles (e.g., territorial seas).When compared with the Section 404Permit, the Section 10 Permit is relativelystraight forward and usually does not involvecompensatory mitigation.

3. ENDANGERED SPECIES ACT OF1973, AS AMENDED: The EndangeredSpecies Act (ESA) was initially passed bythe US Congress in 1973 and has been

reauthorized and amended several times(http://endangered.fws.gov/esa.html). Thepurpose of the Act is to conserve “theecosystems upon which endangered andthreatened species depend” and to conserveand recover listed species. Those wildlifespecies which have been determined to havedangerously low population levels or are inimminent threat of extinction and thusrequiring Federal protection are classified asEndangered or Threatened. Endangered isdefined in Section 3(6) of the Act as “...anyspecies [including subspecies or qualifyingdistinct population segment] which is indanger of extinction throughout all or asignificant portion of its range.” Athreatened species is defined in section 3(19)of the Act and is defined as “...any specieswhich is likely to become an endangeredspecies within the foreseeable futurethroughout all or a significant portion of itsrange.”

Under Section 9 of the ESA, it becomesunlawful to “take” an endangered or threatened(e.g., listed) species. The term “take” is definedby the ESA as “to harass, harm, pursue, hunt,shoot, wound, kill, trap, capture, or collect orattempt to engage in any such conduct.” Theterm “harm” has been further defined toinclude “significant habitat modification ordegradation.”

If project plans cannot be modified to com-pletely avoid impacting an endangered speciesor its habitat, the USFWS or NMFS will likelydetermine a “take” situation. Under these cir-cumstances, Endangered species “take” issuescan be addressed or resolved through twomechanisms: ESA Section 7 consultation if theproject has a Federal nexus, or the more com-plex ESA Section 10 Incidental Take Permit.

Federal Regulatory Programs

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A. U.S. ARMY CORPS OF ENGINEERS (USCOE)

The USCOE has been administering the Riversand Harbors Act Section 10 regulatory pro-gram (regulates placement of structures in“navigable waters”) for over 100 years. TheClean Water Act Section 404 regulatory pro-gram (regulates the discharge of fill materialinto “waters of the US”) is also directly admin-istered by the USCOE, however the USEPAhas environmental guidance and oversight.

Although the two above regulatory programswere created from different Acts, the USCOEhas only one comprehensive application andprocesses both permits simultaneously as ifthey were one. An overview of the USCOEpermitting program may be found atwww.usace.army.mil/inet/functions/cw/cecwo/reg/oceover.htm.

Administrative reviews and assessments ofpending USCOE applications are conducted bythe NMFS and USFWS Hawaii offices, as wellas certain CNMI resource agencies. Thesereviews focus on potential project impacts toendangered species (known as ESA Section 7consultation) and to the aquatic ecosystem ingeneral. Another administrative review isconducted by the local CNMI HistoricalPreservation Officer and their Federal counter-part, the Advisory Council on HistoricalPreservation. Their review is required underSection 106 of the National Historic Pre-servation Act (www.achp.gov/work106.html)and focuses on potential project impacts tohistoric properties. Basically, all these agenciesact in an advisory role to the USCOE andrecommends mitigative measures to beincluded as conditions in the permit, if issued.

It should be noted that at least two other localpermits will be required in order to authorizethe same activity applied for with the USCOEapplication: a CRM-Major Siting Permit and aDEQ-Section 401 WQC. The DEQ-Section

401WQC must be issued to validate the FederalUSCOE-Section 10/404 permit and vice versa.

Of all the regulatory permits that one mayencounter with aquaculture ventures, the CWASection 404 permit can be the most complex(depending upon what activities are beingpermitted) and possibly expensive. First of all,the proposed project must be able to meet thewater dependency test outlined in the CWASection 404(b)(1) Guidelines(www.usace.army.mil/inet/functions/cw/cecwo/reg/40cfr230.htm). This includes but is notlimited to, whether there are any practicablealternatives available for the proposed projectthat will not affect jurisdictional wetlands or“waters of the US”. If this test is passed, thenthe USCOE could require compensatorymitigation in the form of creating new habitat(e.g., wetland) to offset project related impactsto the regulated natural resource (e.g.,wetland). At this point, and depending upon themitigation plan, compliance costs may exceedproject viability. Pre-planning strategy shouldinvolve avoidance of this permit foremost, andsecondarily, minimization of project impacts onthose regulated resources being affected.

Although the CNMI is under the administrativeauthority of the USCOE Honolulu District(www.poh.usace.army.mil/regulatory.asp), thepoint of contact for all CNMI Section 10 and404 regulatory issues is the USCOE GuamRegulatory Office. At a minimum, the USCOErequires a completed and signed EngineeringForm 4345 (see www.orn.usace.army.mil/cof/apply.htm) and related documentation identifiedin the application form. It is highlyrecommended that the supplementalEnvironmental Application form also becompleted and submitted. This additionalinformation will assist the reviewing agencies indeveloping the impacts analysis.

Federal Regulatory Programs

21

The US Congress gave the USEPA authorityover the CWA Section 402 NPDES regulatoryprogram. Although the USEPA has notdelegated responsibility of the NPDESregulatory program to the DEQ as it has withvarious states in the US mainland, the twoagencies coordinate closely in the processing ofthis permit.

An individual Section 402 NPDES permit willbe required for any discharge of aquaculturerelated effluent into near shore marine watersor “waters of the US.” (see http://cfpub.epa.gov/npdes/home.cfm?program_id=45). Completedapplication forms(http://cfpub.epa.gov/npdes/doctype.cfm?sort=name&program_id=45&document_type_id=8)must be submitted to the USEPA Region 9(San Francisco, CA) office for processing.Effluent monitoring will likely be required aspart of the permit, if issued. This can becomecostly and should be included in evaluating theoverall operating costs for the facility.

With respect to construction site storm waterissues which are also covered by the Section402 NPDES program, the USEPA has issued aNPDES Construction General Permit for stormwater discharges at construction sites that are

greater than one acre in size (see http://cfpub1.epa.gov/npdes/home.cfm?program_id=6). The purpose of the NPDESConstruction General Permit is to decrease theregulatory burden by eliminating the need toobtain an individual Section 402 NPDESpermit for earthmoving activities atconstruction sites. If the area of the aquaculturefacility exceeds the minimum one acre, then it isnecessary to comply with the regulations. Apermit will not actually be issued by theUSEPA, but the USEPA will need to beprovided with a Notice-Of-Intent (NOI) for thepending construction work. The NOI form maybe found at www.epa.gov/npdes/pubs/connoi.pdf. Although initially established bythe USEPA to be a simple process, there areseveral steps that must be completed prior tosending the NOI to the USEPA. First, a StormWater Pollution Prevention Plan (SWPPP)must be prepared that will require a writtenapproval letter from the DEQ. At the time theSWPPP is submitted to DEQ for review, anapplication fee must also be paid to the DEQ.The NOI is then completed and sent to theUSEPA (by the applicant) with theaccompanying DEQ approval documentationfor the SWPPP.

U.S. Army Corps of EngineersGuam Regulatory BranchPSC455, Box 188FPO AP 96540-1088

Mr. Frank Dayton

CONTACT INFORMATION:

Tel: (671) 339.2108Fax: (671) 339.2306E-mail: guamregulatorybranch@hotmail.comWeb site: www.poh.usace.army.mil

B. U.S. ENVIRONMENTAL PROTECTION AGENCY (USEPA)

Federal Regulatory Programs

22

C. U.S. FISH AND WILDLIFE SERVICE (USFWS): IMPORT/EXPORT ISSUES

If the aquaculture business plan involves theinternational importation or exportation of anyanimals or animal products to/from the CNMI,a USFWS-Import/Export License will berequired. With respect to the Pacific islandregion, international sources include theRepublic of Palau, the Republic of the MarshallIslands, and the Federated States ofMicronesia. The cost for this License is $50.00per year and is renewable annually. TheUSFWS-Import/Export License applicationform may be found at http://forms.gov/3-200-3.pdf.

In addition to the above license, and becausethis involves conducting business in the CNMI,a second import/export authorization will berequired for international shipments: theUSFWS-Designated Port Exception Permit. Allinternational wildlife shipments arriving into orleaving the United States (e.g., the CNMI orGuam) must be cleared by the USFWS at the

first port-of-entry. There are only nineauthorized ports-of-entry that can approve fishand wildlife shipments: Dallas, New York, LosAngeles, Chicago, San Franciso, New Orleans,Miami, Seattle, and Honolulu. If Guam or theCNMI is used as the port of first entry, then aUSFWS-Designated Port Exception Permitmust be obtained prior to shipment. Theapplication form may be found at http://forms.gov/3-200-3.pdf .

The USFWS-Designated Port ExceptionPermit application fee is $25.00, and it must berenewed every two years. There is also anautomatic inspection fee of $55.00 for everyinternational shipment, whether it is physicallyinspected or not. Other charges (overtime) maybe incurred if the wildlife shipment is clearedoutside of normal working hours or if a Federalwildlife inspector from Guam has to travel toSaipan to inspect the shipment (air fare, food,lodging).

U.S. Environmental Protection AgencyPacific Islands Office75 Hawthorne Street(CMD-5)San Francisco, CA 94105-3901

Mr. John McCarroll, Manager PIO

CONTACT INFORMATION:

Tel: (415) 972.3774Fax: (415) 947.3560E-mail: mccarroll.john@epa.govWeb site: www.epa.gov/region9/

Federal Regulatory Programs

U.S. Fish and WildlifeDivision of Law Enforcement911 NE 11th AvenuePortland, Oregon 97232-4181

Mr. Benito Perez, Assistant Director

Tel: (503) 231.6125Fax: (503) 231.6197Web site: http://permits.fws.gov

CONTACT INFORMATION:

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D. U.S. FISH AND WILDLIFE SERVICE (USFWS): ENDAN-GERED SPECIES ISSUES

Enforcement of the ESA is shared between theU.S. Fish and Wildlife Service (Department ofInterior) and the National Marine FisheriesService (Department of Commerce).Jurisdiction of the USFWS extends toterrestrial and freshwater wildlife species whilethe NMFS’s primary responsibility is with themarine wildlife species. With respect to theCNMI, as of 1 January 2003, the USFWSPacific Island Eco-region’s website (http://pacificislands.fws.gov/) identified 12 listedspecies (11 animal and one plant species); http://pacificislands.fws.gov/wesa/pacplantanimal.pdf). Additionally, another fivespecies (two animal and three plant species)have been slated for listing in Proposed Rules,however, the Final Rule has yet to be publishedon any of these species.

With respect to CNMI aquaculturists, thebiggest hurdle will be encountered if the projectsite contains habitat that could be used by alisted species, or if a listed species is found onthe project site. Non-avoidable impacts toendangered species can be addressed orresolved through two mechanisms: ESASection 7 consultation or ESA Section 10Incidental Take Permit. These are discussedbriefly below:

(a) Section 7 of the EndangeredSpecies Act: Section 7 of the ESA

requires that any Federal actionagency coordinate or consult withthe USFWS or NMFS to ensurethat the project does not jeopardizethe continued existence of a listedspecies or destroy or adverselymodify designated critical habitat.With respect to aquacultureprojects, the requirement of anyFederal permit (for example, aUSCOE-Section 10 or 404 Permitor USEPA-Section 402 NPDESPermit) will constitute a Federalaction (or “Federal nexus”) andtherefore require Section 7consultation for the entire project,not just the specific action requiringa permit. The Section 7 consultationprocess is between the Federalaction agency and either theUSFWS or NMFS; the applicanthas little to no direct involvement. Ifendangered species or its habitat, ordesignated critical habitat, occurson the project site, the consultationprocess can get more involved andrequire more time as the USFWS orNMFS must issue a BiologicalOpinion (Bi Op) prior to theUSCOE or USEPA issuing theirpermit. If this situation occurs, be

Federal Regulatory Programs

U.S. Fish and WildlifeDivision of Law EnforcementP.O. Box 23774Barrigada, Guam 96921

Mr. Art Taimanglo, Wildlife Inspector

Saipan Tel: (670) 233.0938Saipan Fax: (670) 233.0941E-mail: arthur_taimanglo@fws.gov

24

sure to fully understand theobligations for compliance with thenon-discretionary Reasonable andPrudent Measures that will beincluded in the Bi Op prior toacceptance by the Federal actionagency and subsequent permitissuance. Some of these permitconditions may jeopardize thebusiness venture.

As of the date of this document,there has been no critical habitatdesignated anywhere in the CNMI.However, a Proposed Rule (datedOctober 15, 2002) has identifiedapproximately 29% of the island ofRota as critical habitat for theMariana crow (locally known asAga). If a project will be sited onRota, one should investigatewhether critical habitat will be anissue.

(b) Section 10 of the EndangeredSpecies Act: The Section 10Incidental Take Permit is aregulatory mechanism wherebypermit applicants can resolveendangered species issues if theirproject does not have a Federalnexus. If the proposed aquacultureproject will not require any Federalpermits and has no other Federalconnection, then this route may beappropriate should listed species ortheir habitat occur on the proposed

site and a “take” is anticipated.Although the applicant would beworking directly with the USFWSfor this permit, the local DFW willalso be involved. Overall, thispermit is very difficult to obtain,costly, and will require specialexpertise in order to collect thenecessary biological informationthat will likely be required by theUSFWS.

For the island of Saipan only, theSaipan Upland Mitigation Bank(SUMB) has been established forprojects that will impact theendangered nightingale reed-warbler (locally known as gagakarriso). This mitigation bank isjointly administered by the USFWSand local DFW. After completingthe necessary biological work todetermine how many pairs of reed-warbler the project related landclearing activities will impact, a feeof $55,600 can be paid into theSUMB account to offset impacts toeach pair of impacted reed-warblers. If only one reed-warbleroccurs on the project site, it isconsidered as a pair and the fee willreflect this. To resolve endangeredspecies issues of all other islandsunder these circumstances, anindividual Section 10 IncidentalTake Permit must be obtained.

Federal Regulatory Programs

25

National Marine Fisheries ServicePacific Islands Fisheries Science Center2570 Dole StreetHonolulu, Hawaii 96822-2396

Mr. George Antonelis, Chief

Tel: (808) 983.5710Fax: (808) 983.2902E-mail: bud.antonelis@noaa.govWeb site: www.nmfs.hawaii.edu/index.html

Federal Regulatory Programs

U.S. Fish and WildlifePacific Islands Ecoregion300 Ala Moana BoulevardRoom 3-122, Box 50088Honolulu, Hawaii 96850

Mr. Paul Henson, Field Supervisor

Tel: (808) 541.3441Fax: (808) 541.3470E-mail: paul_henson@rl.fws.govWeb site: http://pacificislands.fws.gov/

CONTACT INFORMATION:

26

V. INTERNATIONAL REGULATORYPROGRAMS - CITES

The Convention on International Trade inEndangered Species of Wild Fauna andFlora, also known as CITES, is an

international cooperative conservation agree-ment that has been signed by 162 countries todate; including the United States (see http://cites.org/). The agreement was first draftedduring 1973 with actual ratification occurringin 1975. The purpose of CITES is to monitorthe international trade of endangered species toensure that commercial trade in these animalswill not threaten the species with extinction.

Wildlife species were groupedaccording to their presentthreat of extinction andclassified as either Appendix I,II, or III. Appendix I species(for example, the giant pandaof China and the gorillas ofAfrica) are the mostvulnerable to extinction andtherefore have the most strictimport/export regulations.Appendix II and III listedspecies are not immediatelyfaced with extinction andcommercial trade is being allowed provided allshipments implement special import/exportrules and are properly documented. Withrespect to the US, the USFWS is both themanagement and scientific authority for allCITES related import/export/re-exportshipments. For more information see http://international.fws.gov/cites/cites.html.

CITES regulations are only implemented whenCITES listed species are commercially shippedbetween the CNMI (e.g., the US) and anothercountry. For instance, if corals or giant clamsare cultured in CNMI waters, the product can

be commercially shipped without CITESdocumentation anywhere in the US (Guam,Hawaii, and the US mainland).

On the other hand, if the aquaculturist requiresCITES listed animals (for example, corals orgiant clams) for culture purposes and wishes toimport them from the Republic of Palau, theRepublic of Marshall Islands, or the FederatedStates of Micronesia, then CITES regulationsfor Appendix II species must be followed.Although these particular countries are not

signatory to CITES, the appropriate in-lieudocumentation has been developed to enableexport of these species into the CNMI, that is ifthe DFW will issue the appropriate permits toauthorize entry of the species into the CNMI.

Although the detailed discussion of CITESimport/export documentation is beyond thescope of this document, the CNMIaquaculturist should at least be aware of whatmay be required should CITES listed species betargeted for culture. Local contact informationfor CITES issues are the same as under theUSFWS discussed in Section IV C.

International Regulatory Programs - CITES

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