Marine Fisheries Habitat Protection Act

Bill Summary: Marine Fisheries Habitat Protection Act (H.R. 5745)

Overview

The Marine Fisheries Habitat Protection Act is designed to promote the growth of marine fish habitats by creating a streamlined legal framework for converting inactive offshore oil and gas platforms and pipelines into artificial reefs. Rather than requiring the full removal of these structures, the bill allows for "Reefing in Place," which preserves the underwater ecosystems that often develop around these facilities.

Main Purpose and Intent

The primary goal of the bill is to enhance fishery resources and commercial/recreational fishing opportunities. It seeks to balance the decommissioning requirements of the energy industry with environmental conservation by recognizing that certain offshore structures provide critical habitats for corals, crustaceans, and fish.

Key Provisions

1. "Reefing in Place" Mechanism

The bill introduces several methods for decommissioning inactive structures without fully removing them:
* Partial Removal: Severing the top of a structure to ensure navigational safety while maximizing the remaining vertical relief for marine life.
* Toppling in Place: Detaching a structure from the seabed and tipping it over nearby to create a reef.
* Abandonment in Place: Leaving an approved structure as is to maintain a benthic or pelagic ecosystem.

2. The Approval Process

To convert a structure into a reef, the following process is established:
* Notice of Intent: An "Applicant" (the leaseholder or operator) submits a notice to the Director of the Bureau of Safety and Environmental Enforcement (BSEE).
* Assessment: An assessment is conducted to identify existing marine life and the economic benefits of reefing versus full removal.
* Eligibility: A structure is deemed "Eligible" if an established reef ecosystem exists or has potential, and it meets national artificial reef criteria.
* Final Approval: Before a structure is "Approved," all wells must be permanently plugged, hazardous materials removed, and liability transferred to a State agency.

3. Liability and Funding

• State Responsibility: States may agree to assume all long-term responsibility and liability for the artificial reef.
• Funding: In exchange for assuming liability, the State may receive a payment from the Applicant. This payment is capped at 50% of the cost savings the Applicant gains by reefing the structure instead of removing it (unless the Applicant agrees to pay more).

4. Protections for Applicants

The bill amends the Outer Continental Shelf Lands Act to prevent the Secretary of the Interior from issuing "Removal Orders" while an applicant is actively pursuing the reefing process (subject to safety exceptions).

Who is Affected?

• Energy Companies (Applicants): Oil, gas, and sulphur operators who are responsible for decommissioning inactive offshore infrastructure.
• State Governments: State agencies that manage artificial reef programs and may assume liability for these structures.
• Commercial and Recreational Fishers: Who would benefit from the creation and preservation of artificial reef ecosystems.
• Federal Agencies: The NOAA (Administrator), the BSEE (Director), and the U.S. Coast Guard (regarding navigational safety).

Procedural and Timeline Aspects

• Assessment Timeline: Assessments should be completed within one year of the Notice of Intent.
• Eligibility Determination: The Director must make a determination within 60 days of receiving the assessment.
• Implementation window: Once deemed eligible, the Applicant has up to three years to complete the reefing process.
• Reporting: The Director is required to submit an annual report to Congress and federal agencies summarizing all reefing actions and providing a comprehensive map.