H.R. 5745: Marine Fisheries Habitat Protection Act

This bill, known as the Marine Fisheries Habitat Protection Act, aims to enhance marine fish habitats by promoting the use of certain offshore oil and gas platforms and pipelines as artificial reefs. Here is a breakdown of the main points of the bill:

Key Provisions

The bill primarily focuses on the following areas:

• Amendment to the National Fishing Enhancement Act of 1984: The bill proposes changes to the definitions and processes associated with artificial reefs as established in the National Fishing Enhancement Act of 1984.
• Reefing in Place: This refers to the decommissioning of an inactive oil or gas structure while converting it into an artificial reef rather than removing it entirely. The bill allows applicants to submit a Notice of Intent to Reef, after which an assessment will be conducted to determine the eligibility of the structure for this purpose.
• Assessment Process: Upon submission of a notice, the Director must initiate an assessment within 180 days, which will evaluate the ecological benefits and the economic feasibility of retaining the structure as a reef compared to its removal.
• Eligibility Determination: The Director will make a determination regarding whether an inactive structure qualifies as "Eligible" for reefing based on existing marine ecosystems and the appropriateness of the reefing action.
• Reef Planning Areas: The bill authorizes the designation of specific areas for reefing where it is deemed appropriate, following a formal evaluation process.
• State Involvement: States with artificial reef programs can collaborate with applicants to assume responsibility and liability for deployed structures, benefiting from shared costs and resources.
• Regulatory Protections: The bill provides protections against removal orders for structures undergoing assessment or pending eligibility determinations, ensuring they are not prematurely removed from the natural environment.

Definitions

The bill includes several key definitions to clarify terms related to marine habitat enhancement, such as:

• Administrator: The Under Secretary of Commerce for Oceans and Atmosphere.
• Artificial reef: A structure placed in water to enhance marine habitats and fishing opportunities.
• Inactive structure: A platform or facility that is no longer in operational use.
• Decommissioning: The process of safely ceasing operations on a platform and restoring the area in compliance with laws.

Implementation and Reporting

The bill mandates annual reporting by the Director to the Secretary of the Interior and congressional committees, summarizing actions taken concerning identified structures and the progress of the reefing efforts.

Moreover, it ensures that applicants can withdraw their intent to reef at any time and does not limit alternative decommissioning methods that can be pursued under existing laws.

Relevant Companies

None found.