In the U.S., the ocean jurisdictions are defined somewhat differently with coastal
states generally having jurisdiction from shore out to 3 nm (and a few states out to
12 nm), so called State waters, and the national government having principal
jurisdiction from 3 nm (or 12 nm) out to 200 nm, so called Federal waters. In the
United Kingdom ocean jurisdictions reflect centuries of government ownership and
administration of so called Crown Estate land and sea bed resources out to 12 nm,
however management in the nation’s EEZ is not clear. By law Crown Estate
resources belong to the reigning monarch, however they are not the monarch’s
private property, but are managed (e.g., leased for offshore aquaculture) by an
independent entity, the Crown Estate to maintain and enhance the value and generate revenue for the UK treasury (Crown Estate 2014).
9.3.2 Regulating Finfish Aquaculture in the U.S. EEZ,
a Regional Approach
The U.S. has had a National Aquaculture Plan since 1980, however growth has
been primarily in land based, fresh water species, until the last decade (Anderson
and Shamshak 2008). The 2012 US Aquaculture Census put the industry at 269,550
tonnes, valued at $1.233 B. Mariculture species represent 37% of that value, and
consist of primarily near shore, ocean culture of salmon and various mollusks,
grown entirely in state waters (NMFS 2013).
US seafood imports has steadily risen to 91% of annual consumption, causing
numerous government and public calls for expanding domestic supplies from
aquaculture and particularly from marine aquaculture and farming the EEZ (e.g.,
PEW Ocean Comm. 2003; U.S. Commission on Ocean Policy 2004; U.S. Ocean
Action Plan 2004; NOAA 10-year Plan for Marine Aquaculture 2007; PEW Marine
Aquaculture Task Force 2007; NOAA Aquaculture Policy 2011; Department of
Commerce Aquaculture Policy 2011). Clearly, there is a well-documented national
policy to encourage commercial aquaculture in the EEZ to increase domestic
supplies and help address the growing seafood security issue. Central to this policy
is establishing the regulatory and legal framework to permit and manage aquaculture sustainably in federal waters (e.g., a permit and site administration process
that provides for management, environmental monitoring, and enforcement and site
tenure, exclusive use, and property rights and protections for the commercial projects) (Fletcher 2004).
From publication of the first National Aquaculture Plan to the present, regulatory
constraints have been frequently cited as a major obstacle to U.S. industry
expansion (Firestone et al. 2005; Stickney et al. 2006; GAO 2008; NOAA 2008).
The regulatory framework for aquaculture in the EEZ is the least developed ocean
jurisdiction and can best be described as nascent or a work in progress. There are
two emerging approaches extant:
9 Regulation and Permitting of Standalone …
195
states generally having jurisdiction from shore out to 3 nm (and a few states out to
12 nm), so called State waters, and the national government having principal
jurisdiction from 3 nm (or 12 nm) out to 200 nm, so called Federal waters. In the
United Kingdom ocean jurisdictions reflect centuries of government ownership and
administration of so called Crown Estate land and sea bed resources out to 12 nm,
however management in the nation’s EEZ is not clear. By law Crown Estate
resources belong to the reigning monarch, however they are not the monarch’s
private property, but are managed (e.g., leased for offshore aquaculture) by an
independent entity, the Crown Estate to maintain and enhance the value and generate revenue for the UK treasury (Crown Estate 2014).
9.3.2 Regulating Finfish Aquaculture in the U.S. EEZ,
a Regional Approach
The U.S. has had a National Aquaculture Plan since 1980, however growth has
been primarily in land based, fresh water species, until the last decade (Anderson
and Shamshak 2008). The 2012 US Aquaculture Census put the industry at 269,550
tonnes, valued at $1.233 B. Mariculture species represent 37% of that value, and
consist of primarily near shore, ocean culture of salmon and various mollusks,
grown entirely in state waters (NMFS 2013).
US seafood imports has steadily risen to 91% of annual consumption, causing
numerous government and public calls for expanding domestic supplies from
aquaculture and particularly from marine aquaculture and farming the EEZ (e.g.,
PEW Ocean Comm. 2003; U.S. Commission on Ocean Policy 2004; U.S. Ocean
Action Plan 2004; NOAA 10-year Plan for Marine Aquaculture 2007; PEW Marine
Aquaculture Task Force 2007; NOAA Aquaculture Policy 2011; Department of
Commerce Aquaculture Policy 2011). Clearly, there is a well-documented national
policy to encourage commercial aquaculture in the EEZ to increase domestic
supplies and help address the growing seafood security issue. Central to this policy
is establishing the regulatory and legal framework to permit and manage aquaculture sustainably in federal waters (e.g., a permit and site administration process
that provides for management, environmental monitoring, and enforcement and site
tenure, exclusive use, and property rights and protections for the commercial projects) (Fletcher 2004).
From publication of the first National Aquaculture Plan to the present, regulatory
constraints have been frequently cited as a major obstacle to U.S. industry
expansion (Firestone et al. 2005; Stickney et al. 2006; GAO 2008; NOAA 2008).
The regulatory framework for aquaculture in the EEZ is the least developed ocean
jurisdiction and can best be described as nascent or a work in progress. There are
two emerging approaches extant:
9 Regulation and Permitting of Standalone …
195