Aquaculture 2022

February 28 - March 4, 2022

San Diego, California

LEGAL CHALLENGES AND OPPORTUNITIES RELATED TO CULTURE OF NEW AND EMERGING SPECIES

Stephanie Otts*, Catherine Janasie, Olivia Deans

 

National Sea Grant Law Center

University of Mississippi School of Law

Kinard Hall, Wing E – Room 256

University, MS 38677

sshowalt@olemiss.edu

 



Aquaculture is growing in the United States. Aquaculture production is expanding beyond the culture of traditional species (e.g., oyster, salmon) to culture of new and emerging species (e.g. seaweed, sea cucumbers, striped bass). The culture of new and emerging species often raises a host of legal and policy challenges. For example, as is the case with striped bass, there may be an existing legal framework designed to protect wild populations that prohibits the possession, transport, or sale of certain species. However, that is not always the case. Existing permitting regimes may present barriers if they do not apply to new species that growers wish to culture, creating uncertainty about the appropriate permitting path. New or emerging species may also raise food safety concerns if there is limited scientific data or literature about hazards associated with the products. For example, depending on the state, seaweed growers can face legal and policy issues with both permitting of operations and the food safety framework, especially for raw products. Further, growers may not always be the only ones questioning what the regulatory framework is. State regulators also face uncertainty with how to interpret and apply existing law to new and emerging species/products and what the desired legal framework should be. The National Sea Grant Law Center is involved in a number of aquaculture research projects related to shellfish, finfish, and seaweed culture. This paper will discuss the legal challenges surrounding the culture and production of new and emerging species, as well as opportunities to address such challenges through increased communication and coordination among state and federal aquaculture managers.