Standard lease and 1.62 ha for its experimental lease and Hawaii has no limits
on lease size but scale must be justified.
(e) The regional approach utilizes a permit of 10 years duration and 5 years for
each renewal period. While in Maine a lease uses terms of 3 years for the
Experimental and 10 years for the Standard, and renewals are possible. In
Hawaii a lease is also used that could go up to 65 years, though recent policy
has been 15 years and 15 years for renewals.
(f) The regional approach costs a flat fee of $10,000 and $1000 annual fee, with
each 5 year renewal costing $5000. While in Maine, the Standard lease costs
$1500 or shellfish and $2000 for finfish, plus $100 an acre annual rent; with
renewals of $1000 for shellfish and $1500 for finfish. In Hawaii the CDUP
processing fee is 2.5% of the project cost, with a limit of $2500. Lease rents
are a flat per acre fee of $100 per acre per year or a percentage of gross sales
(1
1
4 %), whichever is greater.
(g) The regional approach requires a bond for facilities removal. Both Maine and
Hawaii have a similar requirement.
It remains to be seen if this as yet unapproved and untried regional approach to
allow commercial aquaculture into the U.S. EEZ will be embraced by private
industry, as the permitting and leasing processes have been in Maine and Hawaii.
9.3.3 Case Study—Shellfish Farming in the Northeastern
and West Coasts of the U.S., Recent Examples
The regulatory regimes for offshore shellfish farming in the US vary depending on
locale and the agencies involved. The regulatory process is quite new for most
applicants and authorities so there is little precedent from which to build. Some
states (e.g. Rhode Island and Maine) have established a “Limited Production
Application” process which takes as little as 6 months, and allows a proponent to
establish a small-scale demonstration of their intended farming design and practices. Other states do not have such provisions and require a substantial investment
of time and money for permitting regardless of the size of the operation being
proposed. Small offshore shellfish farms, mostly growing mussels have been permitted in the state waters of New Hampshire, Massachusetts, Rhode Island and
Connecticut in the last 5 years.
Despite these promising developments in state waters (defined as within 3 nm of
shore), recent experiences to permit shellfish farms in federal waters (3–200 nm
from shore) off Massachusetts and California show that site selection, regulatory
uncertainty, and monitoring requirements are a substantial challenge to offshore
aquaculture development in the US. The following case histories illustrate that user
conflicts and associated permitting requirements have resulted in substantial
downsizing, relocation, and redesign of proposed activities despite the best efforts
of project proponents to identify and avoid potential conflicts in advance.
9 Regulation and Permitting of Standalone …
211
on lease size but scale must be justified.
(e) The regional approach utilizes a permit of 10 years duration and 5 years for
each renewal period. While in Maine a lease uses terms of 3 years for the
Experimental and 10 years for the Standard, and renewals are possible. In
Hawaii a lease is also used that could go up to 65 years, though recent policy
has been 15 years and 15 years for renewals.
(f) The regional approach costs a flat fee of $10,000 and $1000 annual fee, with
each 5 year renewal costing $5000. While in Maine, the Standard lease costs
$1500 or shellfish and $2000 for finfish, plus $100 an acre annual rent; with
renewals of $1000 for shellfish and $1500 for finfish. In Hawaii the CDUP
processing fee is 2.5% of the project cost, with a limit of $2500. Lease rents
are a flat per acre fee of $100 per acre per year or a percentage of gross sales
(1
1
4 %), whichever is greater.
(g) The regional approach requires a bond for facilities removal. Both Maine and
Hawaii have a similar requirement.
It remains to be seen if this as yet unapproved and untried regional approach to
allow commercial aquaculture into the U.S. EEZ will be embraced by private
industry, as the permitting and leasing processes have been in Maine and Hawaii.
9.3.3 Case Study—Shellfish Farming in the Northeastern
and West Coasts of the U.S., Recent Examples
The regulatory regimes for offshore shellfish farming in the US vary depending on
locale and the agencies involved. The regulatory process is quite new for most
applicants and authorities so there is little precedent from which to build. Some
states (e.g. Rhode Island and Maine) have established a “Limited Production
Application” process which takes as little as 6 months, and allows a proponent to
establish a small-scale demonstration of their intended farming design and practices. Other states do not have such provisions and require a substantial investment
of time and money for permitting regardless of the size of the operation being
proposed. Small offshore shellfish farms, mostly growing mussels have been permitted in the state waters of New Hampshire, Massachusetts, Rhode Island and
Connecticut in the last 5 years.
Despite these promising developments in state waters (defined as within 3 nm of
shore), recent experiences to permit shellfish farms in federal waters (3–200 nm
from shore) off Massachusetts and California show that site selection, regulatory
uncertainty, and monitoring requirements are a substantial challenge to offshore
aquaculture development in the US. The following case histories illustrate that user
conflicts and associated permitting requirements have resulted in substantial
downsizing, relocation, and redesign of proposed activities despite the best efforts
of project proponents to identify and avoid potential conflicts in advance.
9 Regulation and Permitting of Standalone …
211