March 13, 2009
CENAO-TS-REG
09-0396-PRK
AMMENDED PUBLIC
NOTICE
The District
Commander has received a permit application for work described below:
APPLICANT
Virginia
Seafood Council (VSC)
WATERWAY AND LOCATION OF THE PROPOSED
WORK: The project is located in the Chesapeake Bay
and coastal waters of
PROPOSED
WORK AND MODIFIED PURPOSE: The
applicant proposes to introduce 1.1 million triploid Suminoe Oysters (Crassostrea ariakensis) to be raised by
up to 11 participants using a variety of aquaculture grow-out methods
consisting of off-bottom oyster cages, bags on racks, long-line bags and
floats. The purpose of the project has
been amended. The VSC proposes to modify the 2009 triploid Crassostrea ariakensis
project by addressing two risk elements, which will begin the gradual
validation of triploid C. ariakensis aquaculture.
This will be a multi-year process to gradually step up aquaculture while
at the same time trying to parameterize recognized risks.
The first validation objective will
begin the process of examining local spat settlement at project sites. The PEIS suggests that deployment of triploid C. ariakensis
will result in diploid C. ariakensis at grow out sites. Validation of this model output is to
systematically sample for spat settlement.
VSC will begin this validation process by collecting spat settlement
from three salinity regimes (high, medium and low) on a local scale within the
immediate footprint of the grow-out area.
VSC will collect 500 local spat (e.g. within grow-out/deployment area)
from each selected salinity during spring and fall 2009 and again in spring
2010. VIMS will determine species and ploidy of the spat samples by flow cytometry. Accordingly, during 2010, this project
validation will be expanded to include a broader coverage area. Existing hydrodynamic
models that has been conducted in
The second
validation objective will be to obtain empirical estimates of fecundity and
fertility in triploid C. ariakensis. The PEIS (Versar)
model uses data from two studies on C. gigas to estimate fertility of triploids (especially
females) and fertility (i.e., survival) of triploid x triploid and triploid x
diploid crosses. The results of these
two types of crosses can theoretically result in “normal” larvae. This fertility can be estimated in the
hatchery. We have requested that the
Aquaculture Genetics and
About 500 market
size VCS C. ariakensis
oysters from low, medium, and high salinity VSC sites will be put aside in
May and re-deployed under VIMS’s auspices during the summer
in each salinity regime, under strict biosecurity
regimes. Three times during the
reproductive season, about 50 triploids will be collected from each site and
fecundity of eggs and sperm will be estimated by direct counts. In addition, about 15 individuals at each
sampling period will be blocked for histological examination to confirm
relative maturity of the gametes.
Remaining,
un-sampled triploids will be retained at the three sites for repeated
evaluation in the following year, 2010.
For fertility,
“mature” eggs and sperm from triploids will be used to produce triploid x
triploid and triploid x diploid (using quarantined diploids) crosses in
triplicate, at least twice during the reproductive season. These crosses will be done at
AUTHORITY: Permits are required pursuant to Section 10
of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
FEDERAL EVALUATION OF APPLICATION: 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. The decision will reflect the national
concern for both protection and utilization of important resources. The benefits which reasonably may be expected
from the proposal must be balanced against its reasonably foreseeable
detriments. All of the proposal's
relevant factors will be considered, including conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and
wildlife values, flood hazards, flood plain values, land use classification,
navigation, shoreline erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production,
mineral needs, consideration of property ownership and, in general, the needs
and welfare of the people.
The Corps of Engineers 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 of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to
assess impacts on endangered species, historic properties, water quality,
general environmental effects, and the other public interest factors listed
above. Comments are used in the
preparation of an Environmental Assessment and/or an Environmental Impact
Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need
for a public hearing and to determine the overall public interest of the
proposed activity. Anyone may request a
public hearing to consider this permit application by writing to the District
Commander within 30 days of the date of this notice, stating specific reasons
for holding the public hearing. The
District Commander will then decide if a hearing should be held.
Preliminary
review indicates that: (l) no
environmental impact statement will be required; (2) no species of fish,
wildlife, or plant (or their critical habitat) listed as endangered or
threatened under the Endangered Species Act of 1973 (PL 93-205) will be
affected; and (3) no known properties eligible for inclusion or included in the
National Register of Historic Places are in or near the permit area, or would
likely be affected by the proposal.
Additional information might change any of these findings. For
compliance with the Coastal Zone Management Act of 1972, as amended, the
applicant must certify that federally licensed or permitted activities
affecting
The Magnuson-Stevens Fishery Conservation
and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public
Law 104-267), requires all Federal agencies to consult with the National Marine
Fisheries Service (NMFS) on all actions, or proposed actions, permitted,
funded, or undertaken by the agency, that may adversely affect Essential Fish
Habitat (EFH). An EFH assessment was prepared for
the 2006-2007. Our assessment of
this project and the National Marine Fisheries Service determination of the
2006 - 2007 VSC project leads us to a preliminary
determination that this project, like the prior VSC projects, will not have a
substantial adverse effect on EFH and therefore expanded EFH consultation is
not required. All EFH recommendations provided by the NMFS for the 06-07, 07-08, and
08-09 projects will be incorporated in any permit issued to the applicant for
this project. Based on comments
from the NMFS in response to this public notice, further EFH consultation may
be necessary.
COMMENT PERIOD: Comments on this amended project purpose
should be made in writing, addressed to the Norfolk District, Corps of
Engineers (ATTN: CENAO-TS-REG), 803
Front Street, Norfolk, Virginia
23510-1096, and should be received by the close of business on April 7,
2009.
If you have any questions about this
project or the permit process, please call:
Peter Kube at
757 201-7504.
FOR THE DISTRICT COMMANDER:
Richard
Henderson, ActingChief