WWW.WA S .ORG • WORLD AQUACULTURE • DECEMBER 2022 47 In the USVI, the Virgin Islands Department of Planning and Natural Resources (VIDPNR) is responsible for implementing the provisions of the Law through the Division of Coastal Zone Management, Division of Building Permits, and Division of Comprehensive Coastal Zone Planning. In their last assessment for 2017-2021, the agency gave the aquaculture program a low priority assessment (VIDPNR-CZM 2017). In federal waters (three to 200 nautical miles from shore in the USVI), fisheries are managed by the Caribbean Fisheries Management Council (CFMC). Fisheries within territorial waters within three nautical miles of shore are managed by the Virgin Islands government through the Department of Planning and Natural Resources (DPNR) Division of Fish and Wildlife (DFW). The Virgin Islands Code addresses aquaculture in five different titles: Title 3 – Executive (3 VIC), Title 7 – Agriculture (7 VIC), Title 11a (11a VIC), Title 12 – Conservation (12 VIC), and Title 17 – Education (17 VIC). In 3 VIC § 291(9) the Commissioner of the Department of Agriculture is mandated to ‘administer and enforce laws regulating aquaculture’. Similarly, 7 VIC § 2 ‘agricultural products’ and ‘farms’ explicitly name aquaculture and its products so that the majority of regulations that govern farming will also govern onshore aquaculture facilities. If those facilities are named by the Commissioner of DPNR as ‘Concentrated aquatic animal production facilities’ pursuant to 12 VIC 184-2, then the facility is subject to a Territorial Pollutant Discharge Elimination System (TPDES) permit issued by the DPNR-Division of Environmental Protection (DEP). An unusually detailed description of aquaculture projects is defined in the Virgin Islands Rules and Regulations (VIRR), naming ‘Aquaculture project’ as a defined managed water area that uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine or marine plants or animals. ‘Designated project area’, as used in this definition, means the portions of the waters of the USVI within which the permittee or permit applicant plans to confine the cultivated species, using a method or plan or operation (including, but not limited to, physical confinement) which, on horizon of harvestable marine resources in the USVI through aquaculture. Particularly considering the geographical location, and multiple anthropogenic and environmental impacts to coastal areas, the need for enhancing local fisheries management through marine restocking programs in the USVI is timely and needed. Reef fish such as groupers, snappers, parrotfish, triggerfish have seen steep declines in landings (Fig. 2) and for shellfish like spiny lobster and conch (Fig. 3) experiencing ever increasing fishing pressure. Crabs, oysters and clams have not been caught in commercial quantitities, but could be also cultured to enhance the local economy. The Vision 2040 plan is the latest long-term economic strategy for the USVI, which included the Blue Economy as one of the priority areas for diversifying the economy, with two of the objectives being related to fisheries and aquaculture: ‘Optimize conservation and sustainable fisheries along with aquaculture resources’ and ‘Partner with other Caribbean places to create a regional initiative for aquaculture/mariculture in the future. Build a robust research and development infrastructure at UVI to support this initiative’ (USVIEDA and Camoin Associates 2021). Legal Framework One of the first aspects to consider in developing this strategy for aquaculture and mariculture infrastructure in the USVI is defining the legal framework necessary for managing research and production in the territory. According to Section 309 of Coastal Zone Management Act (CZMA) of 1972, the enhancement objective for aquaculture is the “adoption of procedures and policies to evaluate and facilitate the siting of public and private aquaculture facilities in the coastal zone, which will enable states to formulate, administer and implement strategic plans for marine aquaculture” (VIDPNR-CZM 2017). The law currently governing land and water use in the territory, the Virgin Islands Coastal Zone Management Act, was enacted in 1978. This legislation defined and delineated the coastal zone and established permissible land and water uses, a land and water use plan and a set of policies to administer the program. This twotiered system establishes separate sets of criteria for development of coastal lands (Tier 1) and upland areas (Tier 2). FIGURE 2. Domestic landings (tons) of parrotfish, snappers, triggerfish and tuna in the U.S. Virgin Islands, 2003-2019. Source: NMFS (2004-2021). Fisheries of the United States (2003-2019). FIGURE 3. Domestic landings (tons) of spiny lobster and conch in the U.S. Virgin Islands, 2003-2019. Source: NMFS (2004-2021). Fisheries of the United States (2003-2019). ( C O N T I N U E D O N P A G E 4 8 )
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