AN EMERGING ROADMAP FOR NAVIGATING THE REGULATORY ENVIRONMENT FOR OFFSHORE AQUACULTURE IN THE UNITED STATES

Many different laws and regulations come into play in the siting and operation of offshore aquaculture in the United States.  Because none of these laws - and very few of the regulations - were written specifically with aquaculture in mind, the offshore aquaculture community has been frustrated by the lack of clarity on what permits are required and how to obtain them.

Over the past several years, in response to a flurry of offshore aquaculture project proposals and the completion of a federal fishery management plan for aquaculture in the Gulf of Mexico region, federal agencies have confronted a range of real-world scenarios requiring them to sort out their respective roles and clarify regulatory requirements.

From these recent efforts, a roadmap is emerging for those interested in starting an offshore aquaculture farm in the United States.  The specific path for any given project will depend on where the farm is located, what species will be grown, and what type of system will be used.

In general, the basic permit requirements and processes will vary based on

whether the proposed site is in state or federal jurisdictional waters;

whether finfish or shellfish will be grown;

whether the species to be grown is federally managed; and

whether a federal fishery management plan for aquaculture has been implemented in the region.

Additional project details will affect the number and extent of additional permits, reviews, or other restrictions under federal laws to protect natural and cultural resources and the environment and consider interactions with other ocean uses.