Marine Fisheries Habitat Protection Act
This bill, the Marine Fisheries Habitat Protection Act, would create a formal process to convert certain inactive offshore oil and gas platforms and pipelines into artificial reefs (a “reef in place” approach) to promote fish habitat. It would amend the National Fishing Enhancement Act of 1984 and the Outer Continental Shelf Lands Act to establish definitions, procedures, and timelines for identifying eligible inactive structures, assessing habitat and economic impacts, designating reef planning areas, and obtaining approvals to reef in place. The bill also offers a mechanism for states to assume long-term responsibility and liability for approved artificial reefs in exchange for funding, effectively shifting maintenance duties from the original project operators to state agencies. Additionally, it provides temporary protections against removal orders during key stages of the process to prevent premature decommissioning, while preserving existing regulations governing pipeline abandonment and other decommissioning options. In essence, the bill prioritizes creating reef habitat and potential fisheries benefits by repurposing existing offshore structures, with a structured, regulated process, periodic reporting, and potential state partnerships to manage and maintain reefs. It also maintains safeguards to protect navigational safety and existing regulatory frameworks, and it preserves the option to pursue reefing under other programs.
Key Points
- 1Creates a formal Reef in Place pathway under the National Fishing Enhancement Act of 1984 to convert eligible inactive offshore oil/gas structures and associated pipelines into artificial reefs, including a comprehensive set of definitions to govern the program.
- 2Establishes a step-by-step process and timeline: (a) Notice of Intent to Reef; (b) habitat and economic assessments within 180 days (conducted by the Director, a state, or a qualified third party); (c) eligibility determination within 60 days after the assessment; (d) designation of a Reef Planning Area within 90 days of eligibility; (e) approval to Reef in Place within up to three years after eligibility if wells are plugged, hydrocarbons removed, navigational markers installed if needed, liabilities settled or transferred, and the structure deemed reasonably sound.
- 3Allows State Programs: states may assume responsibility and liability for an Approved Structure in exchange for funding determined by the state (up to 50% of the cost savings to the Applicant, or more with Applicant consent); once accepted, the State would handle ongoing maintenance and liability for the Approved Structure.
- 4Adds protections under the Outer Continental Shelf Lands Act to pause removal orders during key phases (initial notice, assessment, pending determination, and up to three years after an Eligible Structure determination) with a formal appeals process; exceptions apply if there is substantial and imminent threat to navigational safety or the marine environment.
- 5Preserves existing decommissioning options and regulatory procedures: pipeline abandonment in place remains governed by existing rules, and reefing would only occur if designated as an Artificial Reef through the new process; requires annual reporting to Congress and relevant agencies with comprehensive mapping of actions taken.