rates of aquatic animal growth and (b) that the production system be inspected
on a routine basis in order to identify and promptly repair any damage and
regular maintenance be employed in order to ensure that it is properly
functioning.
• Facilities subject to the ELG’s are required to develop and maintain a Best
Management Practices (BMP) plan describing how they will achieve these and
other requirements. In the absence of distinct ELG for the project, the law allows
the permit writer to use “best professional judgment” to issue the permit (HLS
et al. 2012). A permit is issued for a set time period of no more than five years
and is renewable and transferrable.
• Information Required—In general, a project application must describe the
proposed activity, including location, species, and number of animals, daily flow
of effluent and infrastructure making up the facility. The physical-chemical
nature of the effluent, including pH, temperature, dissolved oxygen, nitrogen,
and phosphorus, must be characterized. Further, it describes the receiving water
and water source and total kilograms of food being fed during the calendar
month of maximum feeding. Tests on the existing quality of the receiving water,
a survey of the receiving water’s ecosystem, and an analysis of the prevailing
water currents may also be required.
9.3.2.5 Successful State Permit/Leasing Processes
Several U.S. states have supported offshore aquaculture in state waters for many
years as a tool for economic development and diversification, particularly in rural,
coastal areas. Two states among the leaders are Maine and Hawaii. It is beyond the
scope of this chapter to detail the permitting processes to secure an offshore site in
Maine and Hawaii, which include most of the same considerations as the regional
permitting process under MSA, i.e., environmental impacts, multiple use conflicts,
public participation, consultations with other agencies, and public safety, etc. These
considerations allow the lead state agency to grant a use permit/lease, the ACOE
District to grant a Section 10 permit and the state’s water quality agency to grant an
NPDES permit. Readers are referred to the appropriate web sites for details (APA
2011; IWGA 2014).
However, an important difference between the regional permit process as defined
previously and these state processes is the property management vehicle to grant
access to an aquaculture site is a lease and not a permit. Legal convention in the U.S. is
a lease for property is needed to grant exclusive use, property rights and protections
and tenure and is also important for the leasee to qualify for financing and insurance
(Fletcher 2004; Firestone et al. 2005; Callies 2010; NSGLC 2012). The core aspects of
the offshore aquaculture leasing programs in Maine and Hawaii are highlighted to
contrast with the regional permit approach for federal waters being implemented by
the Gulf. The aspects discussed are: limits on production, species that can be grown,
size of the site, terms of the lease, cost of the lease, and bond requirements.
9 Regulation and Permitting of Standalone …
205
on a routine basis in order to identify and promptly repair any damage and
regular maintenance be employed in order to ensure that it is properly
functioning.
• Facilities subject to the ELG’s are required to develop and maintain a Best
Management Practices (BMP) plan describing how they will achieve these and
other requirements. In the absence of distinct ELG for the project, the law allows
the permit writer to use “best professional judgment” to issue the permit (HLS
et al. 2012). A permit is issued for a set time period of no more than five years
and is renewable and transferrable.
• Information Required—In general, a project application must describe the
proposed activity, including location, species, and number of animals, daily flow
of effluent and infrastructure making up the facility. The physical-chemical
nature of the effluent, including pH, temperature, dissolved oxygen, nitrogen,
and phosphorus, must be characterized. Further, it describes the receiving water
and water source and total kilograms of food being fed during the calendar
month of maximum feeding. Tests on the existing quality of the receiving water,
a survey of the receiving water’s ecosystem, and an analysis of the prevailing
water currents may also be required.
9.3.2.5 Successful State Permit/Leasing Processes
Several U.S. states have supported offshore aquaculture in state waters for many
years as a tool for economic development and diversification, particularly in rural,
coastal areas. Two states among the leaders are Maine and Hawaii. It is beyond the
scope of this chapter to detail the permitting processes to secure an offshore site in
Maine and Hawaii, which include most of the same considerations as the regional
permitting process under MSA, i.e., environmental impacts, multiple use conflicts,
public participation, consultations with other agencies, and public safety, etc. These
considerations allow the lead state agency to grant a use permit/lease, the ACOE
District to grant a Section 10 permit and the state’s water quality agency to grant an
NPDES permit. Readers are referred to the appropriate web sites for details (APA
2011; IWGA 2014).
However, an important difference between the regional permit process as defined
previously and these state processes is the property management vehicle to grant
access to an aquaculture site is a lease and not a permit. Legal convention in the U.S. is
a lease for property is needed to grant exclusive use, property rights and protections
and tenure and is also important for the leasee to qualify for financing and insurance
(Fletcher 2004; Firestone et al. 2005; Callies 2010; NSGLC 2012). The core aspects of
the offshore aquaculture leasing programs in Maine and Hawaii are highlighted to
contrast with the regional permit approach for federal waters being implemented by
the Gulf. The aspects discussed are: limits on production, species that can be grown,
size of the site, terms of the lease, cost of the lease, and bond requirements.
9 Regulation and Permitting of Standalone …
205